08-149.00 WRIAS: Little & Middle Spokane Watersheds
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Attachments:
Appendix A, Implementation Team Members 212012008
MEMORANDUM OF AGREEMENT:
FOR IMPLEMENTING THE DETAILED IMPLEMENTATION PLAN FOR
WRIAS 55 & 57
THE LITTLE AND MIDDLE SPOKANE WATERSHEDS
1. WHEREAS, Chapter 90.82 RCW concerns Watershed Planning.
It provides for a collaborative process for participating governmental
entities, non-governmental organizations, and other interested parties to
implement the local watershed plan; and
2. WHEREAS, this Memorandum of Agreement (MOA) seeks to
further that statutory process with respect to watershed plan
implementation for the Little and Middle Spokane Water Resources
Inventory Areas (WRIAs) 55 8v 57; and
3. WHEREAS, the process in ch. 90.82 RCW and this MOA is not
intended to formally determine or resolve any legal dispute about water
rights under state or federal law. Instead, it provides for an alternative,
voluntary means to engage in cooperative planning and.managing the
use of Washington's water resources; and ,
4. WHEREAS, effective watershed plan implementation cannot
take place without participation of government entities, non-
governmental organizations, and other interested parties within the
WRIA; and
5. WHEREAS, as the result of the work of a Planning Unit
established to initiate the watershed planning process, the Little and
Middle Spokane Watershed Management Plans (ver. 6/ 16/2005), also
"Plan" or "WRIA Plan", were drafted and have been adopted in joint
session on January 31, 2006 by the Pend Oreille County Board of
Commissioners, Spokane County Board of Commissioners, and the
Stevens County Board of Commissioners; and
6. WHEREAS, the Little and Middle Spokane Watershed Detailed
Implementation Plan (DIP) to implement the WRIAs Plan was approved by
the Watershed Implementation Team (WIT), a successor of the Planning
Unit, as further described below in Sections 2 and 5, on 20 February
2008
WRIA 55/57 Phase N MOA, V 17 1 -
C08-149
NOW, THEREFORE, the parties agree as follows:
1.0 Purpose: The purpose of this MOA is to further implement the
Little and Middle Spokane Watershed Management Plan (ver.
06/ 16/2005) and the Little and Middle Spokane Detailed
Implementation Plan (dated 02/20/2008). This MOA is not an Interlocal
Cooperation Agreement under ch. 39.34 RCW although such Interlocal
Cooperation Agreements and other Agreements between the signatories
and with third parties may result from the collaborative process
supported in this MOA ("Resulting Agreemerits"; see provision 6.5).
2.0 Definitions:
2.1 "Consensus" means unanimous agreement.
2.2 "Detailed Implementation Plan" or "DIP" has the same meaning as
used in RCW 90.82.043 and RCW 90.82.048, as the document with the
° strategies implementing the WRIA Plan. For references to the WRIA Plan,
see the Little and Middle Spokane Watershed Management Plan below.
2.3 "Implementing Party" is any entity, including but not limited to an
Indian Tribe, agreeing to participate and having legal authority to
contract to implement elements in the DIP. An Implementing Party may
be either an Implementing Government or an Implementing Non-
Governmental Member (NGM). These groups are further described:
2.3.1 "Implementing Governments° are those governmental
entities, including Indian Tribes, having a role in Plan
implementation as described in the DIP, with legislative and
regulatory authority to perform such role, whose jurisdiction lies
wholly or partly within the boundaries of WRIAs 55 & 57, and who
are signatories to this MOA. For the purposes of participation in
the WRIA Plan and DIP, Ecology represents only itself. This shall
not prevent other State Agencies from joining this MOA by written
agreement.
2.3.2 Implementing NGMs aze non-governmental persons or
entities entering into contractual relationships to implement
elements as identified in the WRIA Plan and DIP. An implementing
NGM need not be a Watershed Implementation Team member.
2.4 "Implementation Matrix" is a document showing all recommended
elements of an approved WRIA Plan as the final step in plan development
and recommendations, as further explained in Section 6.3.
2.5 "Implementing rules" has the definition in RCW 90.82.020 (2)i.
' RCW 90.82.020 Definitions.Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
WffiA 55/57 Phase IV MOA, V 17 2
2.6 "Initiating Governments" are those local governments initiating the
Watershed planning process as identified in RCW 90.82.060(2) for the
area designated by the Washington State Department of Ecology as
WRIAS 55 8s 57, also known as The Little and Middle Spokane
Watersheds. They continue as Implementing Governments and
signatories to this MOA, to wit: Pend Oreille County, Stevens County,
Spokane County, Vera Water & Power, Whitworth Water District #2 and,
the City of Spokane.
2.7 "Lead agency" is that entity that shall convene the Watershed
Implementation Team (WIT) and administer the Phase Four Watershed
Planning Grant Funds [Ref. RCW 90.82.040(2)]. The Lead agency
contracts for services, using funds available under ch. 90.82 RCW or
contributed through other sources. The Lead agency has no power to
bind another Government without its expressed written consent, through
its governing body. The Lead agency shall likewise be responsible for
application and management of grant funds for purpose of this MOA.
Designation of a Lead agency does not limit the option of another
Government to apply for and manage grant funds for plan
implementation. [Cross reference, RCW 90.82.060 (6)]
2.8 "Minimum instream flow" has the definition of RCW 90.82.020 (3)
(Fn. 1).
2.9 "Planning Unit" was a committee formed pursuant to Chapter 90.82
RCW by the Initiating Governments to initiate the ch. 90.82 process,
which resulted in the adopted the Little and Middle Spokane Watershed
Management Plan (the Plan). For the purpose of developing the Detailed
Implementation Plan to implement The Little and Middle Spokane
Watershed Management Plan (ver. 06/ 16/2005), the Planning Unit was
replaced by the Watershed Implementation Team (WIT) as further
described below.
(1) "DepartmenY" means the department of ecology.
(2) "implementing rules" for a WRIA plan are the rules needed to give force and effect to the
parts of the plan that create rights or obligations for any party including a state agency or that
establish water management policy.
(3) "Minimum instream flow" means a minimum flow under chapter 90.03 or 90.22 RCW or a
base flow under chapter 90.54 RCW.
(4) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it
existed on January 1, 1997.
(5) "Water supply utility" means a water, combined water-sewer, irrigation, reclamation, or
public utility district that provides water to persons or other water users within the district or a
division or unit responsible for administering a publicly governed water supply system on behalf of
a county.
(6) "WRIA plan" or "plan" means the product of the planning unit including any rules adopted
in conjunction with the product of the planning unit.
WRiA 55/57 Phase IV MOA, V 17 3
2.10 "The Little and Middle Spokane Watershed Management Plan (ver.
06/ 16/2005)", sometimes also referenced as the "Plan" is defined in RCW
90.82.020 (6) with respect to WRIAS 55 & 57. It includes any rules
adopted in conjunction with the product of the Planning Unit.
2.11 "Watershed Implementation Team" (WIT) is the successor of the
Planning Unit,. formed for the purpose of implementing the Little and
Middle Spokane Watershed Management Plan (ver. 06/16/2005). WIT
membership is listed in Appendix A. The membership list may be
amended by its members as provided in Section 5.
2.12 "WRIA" is a water resource inventory area, as provided for under
RCW 90.82.020 (4). This MOA concerns WRIAs 55 & 57.
3.0 Governments Scope: Watershed Planning for WRIAs 55 8v 57
includes an opportunity to receive state grant funding, when local match
funding can be met, for Detailed Implementation Plan (DIP)
implementation as provided for in Chapter 90.82 RCW and RCW
90.82.040.
4.0 Lead Agency: Spokane County is the Lead agency under this MOA.
The Lead agency shall administer the grant-furids and-contract for
services to support implementation of the plan. Project budgets and
utilization of consultants shall be agreed upon by the WIT per the
process described in section 6.0 of this agreement.
S.OWatershed Implementation Team (WIT): The WIT is composed of
the parties signing this MOA and those members of the WRIAs 55 8s .
57 Planning Unit, when the Planning Unit approved the Little and
Middle Spokane Detailed Implementation Plan during the Planning
Unit meeting on February 20, 2008, all as listed in Append'vc A.
Future membership may be amended in accordance with this MOA.
5.1 Parties in Appendix A have appointed a representative or
representatives to the WIT. New non-governmental
representation in the WIT may be developed as outlined in
Section 5.3. Each member of the WIT is responsible to appoint
one primary representative and as many alternates as desired..
Alternates may serve in lieu of the primary contact.
5.2The appointed Representatives of Implementing Governments
shall be voting members of the WIT. With respect to NGMs,
after a person desiring to participate in the WIT has attended
three consecutive regular WIT monthly meetings, the WIT may
accept such person as a voting member by a vote of the WIT
members pursuant to sec. 6 of this MOA. In voting to accept a
WIT candidate, the WIT shall be guided by considerations of
assuring that water resource user interests and directly
involved local-level interest groups have a fair and equitable
WRIA 55/57 Phase N MOA, V 17 4
opportunity to give input and direction to the process. [Cross
reference, RCW 90.82.030 (1)]
5.2.1 An existing NGM representative may be removed from
voting status if such person misses three consecutive regular
WIT monthly meetings. A motion to remove is introduced at a
regular WIT meeting. Thereafter, the Lead agency and/or a
designee shall contact the party in question, no less than 10
business days before the next regular meeting. The majority of
the WIT members in attendance at the next regular meeting
may then terminate voting membership by majority vote. A
removed NGM representative may join again as provided in 5.2.
5.2.2 Where a voting Government representative on the WIT
misses three consecutive regular monthly meetings, written
notice may be given to said party of intent to remove voting
status at least 10 business days before a regular monthly
meeting where the question is to be considered. At such
meeting, the removal must be approved by a majority of the
WIT members in attendance and the appointing Government
shall then be given written notice of such action. The removal
does not become effective unless the appointing Government
fails to appoint or reappoint a representative within siaity (60)
days of being notified. The appointing Government can appoint
a new representative or reappoint a removed representative
with fully restored voting rights at any time thereafter.
_ 5.2.3 Government withdrawal: see section 8.3.
5.3 The WIT may adopt rules for operation, decision-making, and
membership to supplement those presented in this MOA but not in
conflict with the MOA.
6.0 Process for WIT Decision Approvals, Annual Report:
6.1 Implementing Government Members. In so far as possible,
all decisions of a quorum of the WIT will be by Consensus, but
the Implementing Government (IG) representatives must reach
Consensus, either at a WIT meeting or in writing, if an
individual IG representative is unable to attend a particular
meeting. In addition, no decision may bind any Implementing
Government to an obligation without written approval of its
governing body at an Open Meeting, with the exception of state
and federal agencies, whose representatives may have authority
to agree to obligations. For the purposes of this MOA,
"Obligation" is defined in sec. 6.4.
6.2 Non-Implementing Government Members. Where Consensus
has been reached among Implementing Government
WRIA 55/57 Phase IV MOA, V 17 5
representatives but cannot be reached among other WIT
members, approval for purposes of participation of such non-
government members shall be by majority vote among those
non-government members in attendance at a meeting and shall
decide the issue for such members. Such approval may be
determined by majority vote of the WIT members attending a
meeting, but the question to vote on fhis issue may not be
considered unless it is called for at a regular meeting and
deferred for vote until the next regular meeting. In addition, the
matter shall be noted on the agenda, distributed not less than
three (3) business days prior to the meeting at which the vote is
taken.
6.3 Implementation Matrix. The Plan included an
Implementation Matrix which sets forth Issues and
Recommendations. The Detailed Implementation Plan (DIP) is a
more specific list or breakdown of individual Implementing
Entities' (Governments and NGOs) duties and responsibilities,
as more fully explained below.
6.4 "Obligation" means any required action that imposes fiscal
impact, a re-deployment of resources or a change of existing
policy. (Cross reference, fn. l, RCW 90.02.020 (2).)
6.5 Resulting Agreements; Adjustments.
6.5.1 In furtherance of this MOA, there may be agreements
between IGs, NGOs, signatories hereto and. third parties, or
combinations of the aforementioned. These Resulting
Agreements may have specific requirements, depending on the
needs.
6.5.2 This MOA envisions a general collaborative process which
may be subject to adjustment as to details. As Resulting
Agreements are developed, obligations may be stated in one or
more categories or classes of expenditures, which may be
subject to adjustment as Plans are being implemented and
based on WIT decisions.
6.5.3 Resulting Agreements may provide for reallocation of
programs, obligations or expenditures within a given category,
subject to an overall, not to exceed maximum amount, for the
entire term or within a given calendar year. In general, it is the
intent of this MOA, and the Resulting Agreements may so
provide, that such reallocation as a result of WIT decisions or
otherwise not exceed fifty thousand ($50,000) within a given
calendar year for any one party without further express
approval of its approval authority, or in the case of an IG, its
governing body.
WItIA 55/57 Phase N MOA, V17 6
6.6 Fulfilling Obligations. An Implementing Government which
accepts and completes an obligation as specified in the DIP
shall be regarded as having fulfilled its responsibilities for these
issues, recommendations, and/or strategies under the
Watershed Management Plan or other related regulatory
requirements during the finite terms specified under the DIP.
6.7 NGM Consent. NGMs may consent to element(s) of the actions
that impose an obligation on such NGMs by written approval of
their governing bodies. This shall not preclude any requirement
for a contractual agreement for NGM Implementers to utilize
funding from an Implementing Government.
6.8 All technical decisions will be based on best available science.
For purposes of Watershed Planning in WRIAS 55 8v 57, the WIT
will use the criteria in WAC 365-195-905. For such elements
that include implementation by Indian Tribal agencies, best
available science criteria may be modified to include best
available science determinations by tribal natural resource
agencies or departments.
6.9 Technical advisory group(s) and/or work group(s) may be
estabiished by the WIT to provide reports and recommendations
on specific issues.
6.10 Annual report. On an annual basis, beginning no later than
1 May 2009, and thereafter on May lst of each year or the next
business day if May 1 is not a business day, the Lead Agency
will deliver to the WIT members a draft report detailing:
a) the previous calendar years progress in meeting plan
goals,
b) noting any proposed changes in the Detailed
Implementation Plan, and
c) any proposed changes in the Watershed Management
Plan.
6.11 WIT Approval, further procedures.
6.11.1 The annual report will be considered by the WIT within the
sixty (60) days for approval. If approved by the WIT, the report will
be forwarded to all participating pazties and Implementing
Governments.
6.11.2 Upon approval by the WIT, proposed Plan changes will be
considered final after thirty (30) days unless an Implementing
Government or a majority of the non-government participants
R'RIr155/57 Phase N MOA, V 17 7
submits a written request to the WIT that the proposed changes go
through a formal adoption process, subject also to provision 6.5.
~ 6.11.3 The formal adoption process is the process followed when
the original plans were adopted except that for Watershed Plan
amendment approval separate approval by the Counties will serve
in place of a joint meeting approval. In addition, the parties
understand that the requirements of the Washington State
Interlocal Cooperation Act. RCW 39.34 must be followed where
applicable.
7.0 Funding:
7.1 Consistent with ch. 90.82 RCW where applicable, grant funds,
match and staff or other contributed resources may be used for
any purpose approved by the Grant Authority and the
contributing entities, including the preparation of technical
reports for review by the WIT and/or technical committees
and/or focus groups as approved by the WIT. The budget will
also be reviewed and approved by the WIT.
7.2 Participation in the WIT and/or technical committees and/or
focus groups by all participants, including officials and staff,
shall be contributed time not eligible for reimbursement from
grant funding unless expressly approved by Implementing
Governments, consistent with the provisions of Chapter 90.82
RCW.
7.3 The Implementing Governments recognize the financial burden
watershed planning places on smaller units of government and
support their effort to secure outside sources of funding to
ensure effective participation by these entities.
8.0 Duration:
8.1 This MOA becomes effective on the date as provided in section
11 and terminates 4 years after such date.
8.2 Not withstanding 8.1, by written agreement signed by all
parties to this MOA, this MOA may be extended an additional
period as agreed, not to exceed two (2) years.
8.3 Any WIT Member may withdraw from this MOA and the
planning process at any time. If any member withdraws, that
member shall not be deemed a party to any plan elements or
agreement produced. Withdrawal must be by written notice to
the Lead Agency, effective thirty (30) days after receipt of notice
- by the Lead Agency. Upon receipt of notice, the Lead Agency
WRIA 55/57 Phase IV MOA, V 17 8
shall communicate the same in writing to all signatories within
ten (10) days. A withdrawing party shall not be entitled to any
refund or withdrawal of funds or resources obligated under this
MOU absent consent of the affected signatories. The
withdrawing party's unobligated funds or resources shall be
released to the withdrawing party.
9.0 Modification: This MOA may be modified or amended only by a
subsequent written document, signed by all participating parties.
10.0 Preservation of Rights:
10.1 The parties acknowledge that Chapter 90.82 RCW provides that the
planning process shall not result in provisions which conflict with
federally reserved tribal rights. They agree that tribal participation in
this process shall not constitute an admission or agreement by the
participating tribe that any estimate of federally reserved tribal rights are
binding on it, unless the affected tribe expressly so agrees in writing at
the conclusion of the process, and such tribal agreement is approved in
writing by the appropriate agency of the United States Government (e.g.
Bureau of Indian Affairs).
10. 2 Reports and data from original studies conducted by or on behalf
of the WIT are public records pursuant to 40.14.010 RCW (preservation
statute).
11.0 Effective Date:
11.01 This MOA shall become effective and commence upon execution
as explained hereinafter. After the Lead Agency obtains the signatures of
the Implementing Governments listed below, it gives written notice to all
the remaining participants. The date of such notice is the
commencement date. The deadline for giving this notice is May 1, 2008
unless extended by consent of the participants.
11.02 In the event the Lead Agency determines, after a reasonable effort,
that it is not possible to obtain the signatures of all parties listed, it shall
communicate the same to the remaining parties in writing. Any group of
remaining parties may then agree to continue with the Agreement as
above provided.
WRIA 55/57 Phase IV MOA, V 17 9
IN WITNESS WHEREOF, we the undersigned have executed this MOA as
of the date as indicated.
PEND OREILLE COUNTY:
By: Date:
Ken Oliver, Chair
SPOKANE COUNTY:
By: Date:
Bonnie Mager, Chair
STEVENS COUNTY:
By: Date:
Tony Delgado, Chair
CITY OF SPOKANE:
By: Date:
Mary Verner, Mayor
WHITWORTH WATER DISTRICT #2:
By: Date:
Irene Anderson, Chair
VERA WATER & POWER:
By: Date:
Rob Oeflein, Chair
SPOKANE AQUIFER JOINT BOARD:
By: Date:
Ty Wick, President
WASHINGTON STATE DEPT. OF ECOLOGY:
By: Date:
Grant Pfeifer, Regional Director
WRIA 55/57 Phase N MOA, V17 10
CITY OF •E L EY:
By: ~ Date:
Richard•in~son, Mayor '
CITY OF LIBERTY LAKE:
By: Date:
Wendy VanOrman, Mayor
CITY OF DEER PARK:
By: Date:
Robert Whisman, Mayor
TOWN OF MILLWOOD:
By: Date:
Daniel N. Mork, Mayor
SPOKANE COUNTY CONSERVATION DISTRICT:
By: Date:
Gerald Scheele, Chair
The Lands Council:
By: Date:
Mike Peterson, Executive Director
WRIA 55/57 Phase N MOA, V 17 11
Approved as to form: Approved as to form:
Robert G. Beaumier, Jr., Ron Arkills,
Assistant City Attorney Deputy Prosecuting Attorney
Citv of Spokane Spokane Countv
Attest: Attest:
Terri Pfister Daniela Erickson
City Clerk Cierk of the Board
Citv of Spokane Snokane County
Approved as to form: Approved as to form:
Attest: Attest:
Approved as to form: Approved as to form:
Attest: Attest:
WRIA 55/57 Phase IV MOA, V 17 12
Attachment A
Mike LithAow Pend Oreille County
~ Clay White ~ Stevens Countv
~ Lloyd Brewer/Kris Graf ~ City of Spokane
Todd Henry / Steve Skipworth ~ Vera Water & Power ~
Susan McGeorge ~ Whitworth Water ~
Roger Krieger ~ City of Deer Park I
~ Cleve McCoul ~ Town of Millwood ~
Mary Wren Wilson ~ City of Liberty Lake ~
Tavis Schmidt ~ City of Svokane Valley
Ty Wick ~ Spokane Anuifer Joint Board
Walt Edelen / Rick Noll ~ Spokane County Conservation District
Saza Hunt ~ State Caucus / Department of Ecology
Dave Jones Spokane County PlanninQ Comm.
Brian Walker / Mike Peterson The Lands Council ~
~ Tim Vore ~ Avista Utilities
Tom Wimpy ~ Diamond Lake
Greg Sweeney I Eloika Lake Association ~
Jeff Storms ~ Sacheen Lake Improvement District I
Howard Rowley ~ Horseshoe Lake ~
Doug Rider ~ Spokane County Water Conservancy Board ~
~ Stan Miller ~ Resident I
~ Rob Lindsay/ Reanette Boese ~ Spokane County
~
WRIA 55/57 Phase N MOA, V17 13