Aspect Teams with Ecology on Innovative Conservation Effort

In a recent post, the Department of Ecology celebrated a successful pilot project with the Auvil Fruit Company in Vantage, WA. The project created two water banks and helped the orchard reduce their water demand by 50%. Aspect partnered with Ecology on the water rights permitting as well as the bank development efforts, but it was an innovative strategy developed by Auvil that led to this water-saving achievement.

Shade cloth installed at Auvil Fruit Company.

The solution was to cover Auvil’s orchards with shade cloth, which has multiple water savings, worker safety, and fruit quality benefits. Aspect and Ecology used two high-tech weather stations to monitor water loss: one in the area of the orchard covered by shade cloth, and one in an adjacent, uncovered area. According to Ecology, the effectiveness of the shade cloth was striking:

We found that shade cloth improved a number of growing conditions. The coverage greatly increased relative humidity, drastically reduced wind speed, stabilized soil moisture, and cooled the air temperature. Combined, all these changes now help Auvil use much less water to produce fruit. 

A weather station positioned beneath shade cloth at Auvil Fruit Company. 

The shade cloth was so effective that Auvil was able to remove windbreaks made of water-hungry poplar trees. The study also led to other water-saving strategies, such as installing soil moisture monitors and replacing overhead sprinklers with a drip system that delivers water directly to the root zone of the trees. Both of these systems communicate with one another to regulate water in real time. Water savings from the project are being used to reduce drought risk on Auvil’s interruptible water rights, and for instream flow benefit for fish. Auvil continues to be a leader and innovator in irrigation practices and Aspect’s permitting and technical skillset is making the most of these water savings.

For more details, check out Ecology’s website!

2040 Temperature Check on One of North America’s Biggest Watersheds

More water earlier and less snow – the Columbia River Basin’s water health was recently forecast into 2040 as the result of a two-year study across the Washington State Department of Ecology, Washington State University, University of Utah, State of Washington Water Research Center, and Aspect Consulting in the 2021 Long-Term Water Supply & Demand Forecast.

Photo Credit: Robyn Pepin, Aspect Consulting. Columbia River near Entiat

This mammoth water evaluation project – done every five years since 2006 – looks across the Columbia River Basin, which includes 34 eastern Washington watersheds. Hydrological modeling, economic modeling, regulatory context, remote sensing, surface water and groundwater monitoring and more all are studied to predict the future of water for agriculture, population growth, and instream flow health under a changing climate in this critical basin.

Forecast Insights for the 4th Largest Watershed in North America

Image Source: 2021 Columbia River Basin Long-term Water Supply and Demand Forecast

The Columbia River Basin is the 4th largest watershed in North America, running down from headwaters in Canada and mainly into four states – Washington, Oregon, Idaho, and Montana. Some notable details and insights from the recent forecast include:

  • Wet months getting 15% more water and dry months getting 28% less water

  • Earlier planting dates and more heat stress during the hot months

  • 17% higher population growth across Washington state leading to increases in demand for residential water and hydroelectric power

  • Trends in groundwater levels across the last 20 years were predominantly declining across the basin. The steepest declining trends correspond with the most heavily pumped layers and areas such as the Grand Ronde aquifer in the Odessa Sub Area and the Wanapum aquifer in parts of the Yakima Basin and Horse Heaven Hills.

Expected changes that will influence future water supplies and demands. These expected trends inform the scenarios explored in the 2021 Forecast.

Graphic Source: 2021 Columbia River Basin Long-term Water Supply and Demand Forecast

A 2040 Water Crystal Ball: Water Retiming Means More Water Earlier

Among the many takeaways in this report is the impact of climate change on water cycles. Chief among those is the prediction that peak surface flows – that feed the historically typical April – October agricultural season – will begin earlier, thus leaving less water available later in the summer when demand for that water is higher. Snowpack – the Pacific Northwest’s natural water reservoirs – will likely melt earlier because of warmer temperatures.

This ripple effect will influence agriculture starting earlier in the growing lifecycle; instream flow challenges with higher temps for fish habitat; and populations in arid regions will likely be incrementally more dependent on groundwater to serve future water supply. Declining groundwater trends mean that alternative water supplies may not be available in some areas so additional solutions are needed.

Time (in years) until the average available saturated thickness has declined by 25% in at least one aquifer layer in each groundwater subarea.

Image Source: 2021 Columbia River Basin Long-term Water Supply and Demand Forecast

State-of-the-Science Research

Aspect teamed with the project team and the scope of the science and monitoring over the last two years is impressive. A team of scientists and engineers looked at remote sensing and telemetry data across eastern Washington; climate change forecasts; population growth projections; well logs; and water rights. Some of the months-long study details of that include:

  • Integrated hydrological, river operations, crop production, and municipal, domestic and industrial water demand modeling in 34 watersheds under 34 potential climate change scenarios

  • Groundwater level trend analysis on 670+ wells

  • Automated well log review of over 4,000+ well logs

  • Manual well log review of 300+ well logs

Learn more also at WA Ecology’s project StoryMap here.

The Nooksack Adjudication: A Pivotal Washington State Water Story

In Fall 2020, after decades of unresolved conflict, Washington State made a decision to initiate a “general adjudication” on a key Northwest Washington watershed – the Nooksack basin in Whatcom and Skagit Counties. This means that thousands of water right users will be formally evaluated. What does this mean? In a word certainty. Certainty for the State of Washington, Tribal governments, and the water users themselves. Why is this happening now? It’s the most common water story in the West – there’s just not enough water to go around.

The Nooksack watershed is one of two areas (WRIA 58, including Lake Roosevelt, was the other one) recommended for adjudication.

The Nooksack watershed is one of two areas (WRIA 58, including Lake Roosevelt, was the other one) recommended for adjudication.

Adjudication – What is it?

An adjudication is a binding court Decree by the state whose end result is a comprehensive inventory of valid water rights. Put in simple terms it means that an Adjudication Court, with support from the Washington State Department of Ecology (Ecology), will methodically review all water uses in the watershed and confirm each water right has ‘valid’ water uses.

Why Now: What’s happening in Northwest Washington?

More rural development. Unquantified Tribal water rights. More water needs for agriculture in a growing part of the Pacific Northwest. Keeping water in the stream for fish. These competing demands often emerge as ‘whose water is this?’ battles in water rights. In Skagit and Whatcom counties, the adjudication is looking to bring certainty; however, there’s a lot of differing opinions on how to get there.

The Second Biggest Adjudication in Washington State History

Washington State is a ‘first in time first in right’ state for water law. Another way of saying it is if you were there first in using water, you are at the head of the line. That line can extend over a century in Washington state, and over generations if the water right passes on via property transfers. The Nooksack adjudication is potentially very big in scale.

The biggest one was in Yakima, and that took over 40 years to resolve including six Supreme Court cases. The schedule for the Nooksack will hopefully be more compressed, and Ecology plans to try out several time-saving shortcuts to make the process more streamlined.

Here to help as the State’s Preeminent Water Rights Firm

Aspect has consulted on literally thousands of water rights in Washington state in the last 10 years. We have also been involved in Nooksack water resources for more than a decade, including helping to lead the most recent watershed planning in 2021. We are looking forward to working with Nooksack water users.

Learn more here: www.nooksackadjudication.com

Aspect's Dan Haller Presenting at Upcoming Water Law in Washington Seminar

Join Aspect’s Dan Haller at the upcoming LSI Water Law in Washington Seminar on June 10-11. Dan will join a standout group of experts addressing some of the most pressing issues in Washington water law including watershed planning, water rights adjudications, municipal transfers and inchoate rights, Tribal water rights, droughts, and more. Dan’s presentation will provide a status update on the watershed planning process and RCW 90.94 compliance across 14 Washington watersheds. The Conference will be presented via live Interactive Broadcast. For more details visit the LSI website.

Building the Biggest Water Bank in Washington State

In Spring 2021, the Washington State Department of Ecology (Ecology) started the public review process for the TransAlta water bank—at 28,000 acre-feet per year, the biggest water bank in the state to date. This is the first significant water bank for Southwestern Washington and came together through years of planning, working with Chehalis basin stakeholders, and extending the water rights life of a Chehalis River hydropower project. The trigger for this new water bank is TransAlta retiring its decades-old hydropower plant on the Skookumchuck River, thus freeing up tens of thousands acre-feet of water rights for the basin.

Water banks Add Life to Thirsty Watersheds

In water-scarce basins — even on the western/‘rainy’ side of Washington State -- water banks provide an innovative mechanism to reuse water rights; once water is no longer needed for its original purpose it can be made available to meet new needs.  Water banking involves a partnership between the holders of valid water right holders and Ecology.  While the water right holder controls how new uses are permitted, the State of Washington is responsible for determining the amount of water that will be preserved, and then protecting that water from other users. 

Tranalta water bank image.png

The TransAlta water banking process has proceeded through an Aspect-led permitting path that involves an exhaustive vetting of the historical water use, and the development of a new process to guide the reallocation of future uses.  Water rights that were issued for other purposes – such as industrial supply – are converted to instream flows purposes, and generally become available to mitigate new uses.

The TransAlta water bank solution is a textbook example of how pre-planning saved a significant block of valid water rights from relinquishment for non-use.  Water that had been allocated for a highly consumptive out-of-stream use will now be held in trust for instream flows, with select new uses being reallocated for new purposes under Ecology’s permitting process. The end result will be a combination of water that will remain instream, and new water right permits for new uses.

Tapping the Skookumchuck River to Boost Chehalis Basin’s Water Future

Stretches of the Skookumchuck River, like this one taken near the City of Centralia, will soon receive more water.

Stretches of the Skookumchuck River, like this one taken near the City of Centralia, will soon receive more water.

The TransAlta water bank is situated near Centralia, Washington, along the Skookumchuck River—a major tributary of the Chehalis River. For decades, TransAlta has used the waters of the Skookumchuck to produce coal-based electrical power; however, as the company began to make plans for a life after coal, it also had the foresight to make plans for its water rights, which represents more than 50 cubic-feet per second (that is 22,500 gallons per minute) and 28,000 acre-feet per year of out-of-stream uses.

TransAlta’s retired Unit 1 of its Centralia, Washington coal-fired power plant in 2020. Unit 2 is planned to close by the end of 2025

TransAlta’s retired Unit 1 of its Centralia, Washington coal-fired power plant in 2020. Unit 2 is planned to close by the end of 2025

According to TransAlta’s Water Bank Overview FAQ, this is “enough water to fill 14,000 Olympic-sized swimming pools or irrigate 14,000 acres of farmland.”

Seeding 28,000 Acre-Feet of Water for Fish and Agriculture in the Chehalis Basin

While the budding water bank is still in the early planning stages, several new water uses have already been identified. One deal involves making water available to the City of Centralia for its future needs and to provide a source of mitigation water to offset the impacts of future private wells throughout the watershed. TransAlta also envisions making water available for the basin’s expanding agricultural needs and ensuring leftover water remains instream to protect aquatic resources.


Taylor Dayton Presenting on Washington Water Rights - April 14

Aspect Water Resources Engineer Taylor Dayton, PE, will present to the Central Washington University America Water Resources Association student professional chapter on Wednesday, April 14, 2021.

The presentation will explore the history of water law in Washington State, the process for obtaining new water right, the process for changing existing water rights, consumptive use and spreading , water right valuations, and water right holder “musts”.

See Taylor talk about what you’ll learn here:

Celebrating Key Watershed Plans in Spokane and Okanogan Basins

January 2021 launched great news for watersheds across Washington state – but first, let’s recap.

The $300 Million Watershed Law

In 2018, following water rights uncertainty that held up a $4 Billion budget in Washington State, the state passed the $300 Million Streamflow Restoration Act. The prime target was unlocking more water in a way that benefits habitat, communities, and agriculture and allows thoughtful development plans to proceed. Fast forward to 2021 and counties and basins across the state are seeing the outcomes of that law – most directly 6 out of 15 basins have updated watershed plans to date.

Status of Streamflow Restoration Grants and Planning Process
Source: Washington State Department of Ecology

Key Takeaways of Streamflow Restoration Act Results (So Far)

  1. Permit-exempt well impacts on instream flows and water right holders will be completely offset for the next 20 years.

  2. Local watershed partners have once again demonstrated they can collaborate on local solutions to water supply challenges.

  3. The plan adoption paves the way for shovel-ready projects to be implemented to benefit streamflow.

In three of those basins – Little Spokane (WRIA 55), Okanogan (WRIA 49), and Chehalis (WRIA 22 and 23) – there has been real progress on planning for the future water needs of the region. Aspect has worked for years on two of these (Little Spokane and Okanogan) and is excited to see the positive outcomes so far.

Little Spokane Watershed (WRIA 55) Plan Update

Headwaters of the Little Spokane River, near Newport, WA

Aspect has worked with Spokane County over the last several years to support watershed planning and management, including the development of watershed restoration projects. On January 28, 2021, Ecology adopted the updated Little Spokane Watershed Management Plan. This will mean:

  • Spokane County is in the process of completely offsetting permit-exempt well impacts and developing streamflow improvement projects totaling 4,085 acre-feet, including:

    • Purchasing water rights as mitigation

    • Building a Managed Aquifer Recharge project

    • Studying approaches for increasing storage in Eloika Lake to improve summer streamflows, combined with wetland and habitat enhancement

Okanogan Watershed (WRIA 49) Plan Update

Aspect has worked for years with Okanogan entities like Oroville-Tonasket Irrigation District (OTID) and others to lead up to this watershed planning update. This will mean:

  • The lead Okanogan watershed planning group -- WRIA 49 Planning Unit -- developed a two-tier list of projects to be adaptively managed to provide both consumptive use water offset and achieve Net Ecological Benefit in a manner consistent with the strong agricultural values of the community.

  • Two projects – Antoine Valley Ranch and Methow Beaver Project’s Restoring Streamflow after Wildfire in Okanogan and Methow River Subbasins – have been funded by Ecology and will be the first projects implemented following the adoption of the plan.

Know Your Water Rights Math: Annual Consumptive Quantity 101

Kittitas North Branch Canal.JPG

The Washington State water code is daunting. The network of rules and regulations is complex: Washington Administrative Codes. Revised Code of Washington. Hundreds of court cases. Ecology administrative policies. It can be difficult to navigate. 

In this mix is a key concept: ‘Annual Consumptive Quantity’ or ‘ACQ.’ Originating in 1997, ACQ is a specialized analysis that is triggered whenever a water right is changed to expand its authorized irrigated acreage or add a purpose of use (while retaining its current purpose of use).  

The ACQ process can have big implications on the outcome of a water right change – especially if the water right falls into one of the special exceptions that disqualify it from ACQ.  

Taylor Dayton, Aspect engineer and member of the Chelan County Conservancy Board, recently gave a presentation on what Annual Consumptive Quantity is, how to apply it, and possible alternative approaches to changing the attributes of a water right in water rights permitting projects. 

See a video of her presentation below:

Contact Taylor to learn more.

Aspect Welcomes Hydrogeologist Jay Pietraszek to Water Resources Team

Senior Hydrogeologist Jay Pietraszek joins Aspect’s Pacific Northwest-leading water resources team. Jay is a hydrogeologist with over 15 years of experience focusing on process-based assessments of water quality and water quantity for water supply, resource evaluations, and water management planning for commercial and industrial projects. He is based in Seattle, supporting Aspect’s Puget Sound clients as well as expanding Aspect’s water supply services throughout the Pacific Northwest.  

Jay Pietraszek, LHG

Jay Pietraszek, LHG

“As a firm founded by hydrogeologists, Jay’s background and expertise are an ideal match with Aspect’s water resources client base,” said Dan Haller, Principal Engineer for Aspect’s Water Resources Practice. “We’re excited to continue to build Aspect’s water resources team to be one of the strongest in the entire Pacific Northwest.”

Jay has performed extensive hydrogeologic analyses including site characterizations, water quality source assessments, evaluation of surface-groundwater interactions, pumping test analyses, well installations in complex hydrogeologic systems, production well design, and dewatering assessments for public agency, tribal, and mining clients. Pairing with his deep scientific know-how is Jay’s ability to translate complex ideas into clear communication and engage with regulatory and permitting bodies to move projects towards milestone goals.

“I’m excited to join the Aspect team and have the opportunity to work and collaborate with such a talented group of consultants,” said Jay.  “Aspect is one of the premier hydrogeologic consultancies in the region, with an excellent reputation for developing innovative and practical approaches to solve complex water resource challenges. I’m confident that Aspect’s core values and brand will provide a foundation for future success and opportunities, particularly as the demand for water resource-related services continues to grow.”

Join us on November 3rd and 4th for the 13th Annual Washington Water Code Seminar

On November 3rd and 4th, join (virtually) Aspect’s Principal Water Resource Engineer Dan Haller and Senior Associate Hydrogeologist Tyson Carlson at The Seminar Group’s 13th Annual Washington Water Code Seminar.

As Co-chair, Dan will guide a distinguished group of professionals presenting on the past, present, and future of key issues in water law, including relinquishment, adjudications, conservancy boards, water banking, and instream flows.

In addition to Co-chairing the conference, Dan is leading the “Water Right 101 Power Hour: An interactive presentation on how the prior appropriation system works, impairment in water rights, and how engineering, hydrogeology, policy, and legal disciplines all have important roles in administering the water code.”

Tyson is co-presenting at the “COVID-19 Impacts on Water Resources in Washington” Session. This session aims to inform attendees on the “economic impacts, regulatory response, and use of technology in adapting to COVID-19 issues in water resources; New Health and Safety Standards for Projects; Use of Technology (drones) for site visits; how technology is changing the water resources practice.”

The Conference will also highlight Ecology’s recent legislative report on the future of adjudications in Washington. Given that the Acquavella Adjudication in the Yakima basin lasted 42 years, Ecology’s recommendation to adjudicate basins in Whatcom County and near Lake Roosevelt will help shape the future of water right law and policy for years to come.

Learn More about the upcoming conference here: https://www.theseminargroup.net/seminardetl.aspx?id=6064

Spokane Health Building Taps into Groundwater for Carbon-Neutral Goals

It’s not every day you can celebrate the first step in an innovative, carbon-neutral $60 Million health campus. In Spokane, Washington, a group of regional partners – including Gonzaga University, University of Washington, and McKinstry – are collaborating to build a four-story, 80,000-square foot health sciences building in the heart of Spokane’s riverfront. This Regional Health Partnership is the first of its kind in several ways. The public-private collaboration is unique as all partners look to build a world-class health headquarters in the Inland Empire. It’s also special because it has its sights on achieving recent carbon-neutral targets set out by the state of Washington.

The campus is just breaking ground now, with target construction completion finishing in summer 2022. One of the keys to the carbon-neutral puzzle – essentially, no emissions from the campus – is an innovative heating and cooling system for the campus building. This system, which is being co-designed between Aspect and McKinstry, pumps groundwater from an aquifer beneath the property, runs the water through a mechanical device where heat energy in the water is used to heat or cool the building. This “Open-Loop Ground Source Heat Pump” system has been implemented elsewhere but is not done very often because the subsurface conditions have to be just right to both provide the energy and cost savings to make it viable.

Take a look at the celebratory video marking this milestone (see Aspect’s ‘congratulations’ at 19:25 of the video):

A Nod to the Mighty Spokane Valley-Rathdrum Prairie Aquifer

Aspect is the hydrogeologic lead on the ground-source heat pump piece of the project and, as a company founded by hydrogeologists, we’re excited to contribute to eliminating carbon-based fuels historically used to heat and cool buildings.

The Spokane Valley-Rathdrum Prairie (SVRP) aquifer in the project region is known as a highly productive one, pumping out the right temperature and volume to make the overall heating/cooling vision for the campus come to life. The final piece of the puzzle came together through a detailed characterization of the site to support water rights permitting.

There’s plenty of more work to do on this exciting project in the months to come and we look forward to helping other clients meet innovative and forward-looking energy goals with hydrogeologic science..

Spotlight on PNW Water Resources Leaders: Twisp Mayor Soo Ing-Moody

Twisp’s Mayor, Soo Ing-Moody was recently profiled in the Seattle Times to shine a spotlight on her leading this rural and vital Northern Washington State town – a world-class destination for internationally-known cross country skiing and sunny season hiking and water recreation.

Over many years, Aspect played a key part in helping secure the Town’s water rights, which the Town worked on for almost two decades to make sure sensible development proceeds in this sought-after North Washington area.

Twisp Mayor Soo Ing-Moody
Photo Credit: Mike Siegel / The Seattle Times

Under the leadership of the Mayor, Aspect helped find and negotiate the purchase of enough water rights to grow for more than 20 years. The Town and Aspect also worked with Ecology to help obtain the necessary permits to make the transfer possible.

Read more about the Town and Mayor’s leadership here.

Inside Water Rights: Focusing on the Consumptive Use Principle

Washington state water rights law can be both complex and arcane. However, there are key fundamental principles that decide whether a project will get to use water the way they want to. One of these principles is not increasing consumptive use under a water right. This rule originates from the “no impairment” standard in Washington which says you can change your water right to a new use, but you can’t harm any other water right holder by doing so. One way you can impair another’s water right is by increasing the “consumptive use” as a result of your project.

How Spreading Acreage Policy Increased Focus on Consumptive Use

Before 1997, consumptive use was not a common term of art in water rights. That is because the law prohibited increasing the number of acres authorized on your right, even if you wouldn’t use any more water by doing so. This is still the case in Oregon. However, in 1997, the Legislature allowed increases in acreage (also called “spreading”) so long as the consumptive use was not increased.

For example, this allowed farmers to change from 40 acres of orchard to 80 acres of vineyard, which was not allowed before. In order to prevent impairment by an increase in consumptive use, the Legislature created a formula to quantify how much of your total use is divided into consumptive use (which is typically evapotranspired by plants) or return flow (which seeps into the ground and becomes available for others to use).

‘Use-it-or-Lose-it’ and The Loyal Pig Vineyard Story

Loyal Pig Vineyard case hinged on the consumptive use principle, a fundamental element of water rights projects and case law.

Photo Credit: Capital Press

Recently, there was an interesting case hinging on the consumptive use principle that was decided in the Court of Appeals (where it ultimately was denied after an earlier victory in Superior Court). The Loyal Pig case was arguing that it need not calculate consumptive use for its current transfer because it had already done so in a previous transfer less than 5 years earlier. Because the “use-it-or-lose-it” relinquishment standard is a 5-year standard, they sought to harmonize these two different elements of the water code and simplify later transfers. This was important to them because the final amount of acres they sought to spread was not known at the start of their project, but rather a function of how efficient they could be with their crops.

Ultimately, the Court decided that the plain language of the consumptive use test trumped any benefit to harmonize different elements of the water code, although that could be done legislatively. Now Loyal Pig can either appeal to the Supreme Court or start over and process their transfer with the proper calculations.

Knowing the Case Law is Key to Water Rights Permitting

While this case was procedural in nature, it shows that knowing and staying up to date in water rights case law is crucial to water rights permitting success. Aspect routinely works with farmers and agricultural clients on quantifying consumptive use of their water rights and has successfully processed numerous spreading transfers.

New Western States Water Rights Marketplace Opens

Western Water Market – a new online marketplace to buy and sell water rights – launched in February in Washington state, with plans to eventually expand water rights listings across several western states. WWM looks to streamline a patchy water rights marketplace process, which traditionally has relied mostly on word of mouth to connect buyers and sellers.

Aspect welcomes this site as another way for our clients to reach potential buyers and sellers, and we have migrated several of the water banks we manage to this listing service.

Learn more about Western Water Market in this interview with WWM founder Kristina Ribellia in this recent article with the Capital Press.

Water Bank Pioneering at the Washington and Canada Border: Interview with Oroville-Tonasket Irrigation District

Oroville-Tonasket Irrigation District (OTID), located in north-central Washington State, enjoys senior water supplies from its sources in Lake Osoyoos and the Okanagan River. However, the region has undergone droughts in recent years, resulting in curtailment for junior water rights. In order to make use of its currently available water right and help those without reliable water supply, OTID – with technical and regulatory support from Aspect - set up a water bank that can lease a portion of its unused water to interested customers in the Okanogan River basin, and downstream along the mainstem Columbia River.

Water banking is a relatively newer concept to Washington state and this is the first time this model has been tried in the Upper Columbia Basin, which reaches the Canadian border. In this interview with OTID Secretary-Manager Jay O’Brien and the national magazine Irrigation Leader, Jay speaks about the inspiration for the district’s water banking system, how it works, and how the same concept can benefit other irrigation districts across the region.

Read the article here: http://irrigationleadermagazine.com/

Water Banking Takes Center Stage in Washington State 2020 Legislative Agenda

The 2020 Washington State legislative session kicked off in January and the future of water rights and water banking in the state are taking center stage in the early legislative discussions. At least six prominent bills centering around the State’s “Trust Water Rights” program are being proposed. These bills range from advocating for incremental changes to fundamentally altering how water is permitted, including ideas to prevent or add new criteria for out-of-basin transfers; set up a new “community needs” test to form a water bank; prevent conservancy boards from working on water banks anymore; to charge money for setting up and running banks to cover State time.

Why is Water Banking a Hot Topic?

There’s been an increasing public spotlight in Washington State water permitting issues, including some recent worries that out-of-area speculation is influencing the water market. A reminder that in 2017, the entire $4 Billion state legislative session hinged on the resolution of the Hirst water rights negotiations. That 2017 legislation eventually led to the 2018 Streamflow Restoration Act, which manages over $300 million dollars in state funding to address water rights and supply challenges throughout the state’s watersheds to help habitat, agriculture, and communities over the next 15 years.

Current Water Rights Resources and Information

There’s a range of informed news and opinion resources on this complex topic of water rights and water banking, here are just a few recent ones to stay informed:

Learn More About Water Banking

Aspect is heavily involved in the water banking arena, helping clients with policy (with Washington State University on the Columbia Basin Long-Term Water Supply and Demand Forecast) setting up and running banks (e.g., Oroville-Tonasket Irrigation District (OTID) and the Bourne bank, among others), and helping connect buyers and sellers at the local level.

Contact Dan Haller or Tim Flynn to learn more.

Meet Jill Van Hulle and Jennifer Lawson!

Jill Van Hulle and Jennifer Lawson recently joined Aspect, in our (new!) Olympia and Seattle office, respectively. Here are five questions we asked to get to know them better…

Jill Van Hulle, Associate Water Rights Specialist

  1. Where are you from? If you’re not from the Pacific Northwest, what brought you here?

    I’m an Alaskan Girl to my core—grew up on Kodiak Island and finished high school in Juneau. I came to Washington for college and never actually meant to leave Alaska, but a summer internship with the Washington State Department of Ecology morphed into a permanent job and I never escaped!

  2. What inspired you to pursue Water Resources? What made you curious about it?

    I’m embarrassed to say that I didn’t even realize the field existed—I thought I was interviewing for a job in the water quality program. For my first job task, I was handed a GPS unit the size of a car battery (it WAS a long time ago), dropped off with my hip boots in the middle of the Salmon Creek watershed in Clark County, and told to look for illegal water diversions. I was hooked!

  3. What do you like best about your area of expertise? What excites you and keeps you motivated?

    I love the nexus between water management, water law, policy, and science. Water Resources is exciting—I enjoy the variety of projects and people I get to work with.

  4. What do you like to do when you aren’t working?

    I like to build big campfires on my Cle Elum property and settle in with some whiskey (on ice) and maybe a good book. I also love to hike, especially if there is a chance to find mushrooms and dig for razor clams out on the Washington coast.

  5. Where would you like to travel next?

    I have a weakness for Hawaii and love to snorkel, hike, and eat buckets of poke from the local grocery stores. Longer range, I have good friends that do water supply work in Cambodia, and they have been begging me to go with them.

Jennifer Lawson, Environmental Planner

Icicle Ridge, overlooking Leavenworth, Washington

  1. Where are you from? If you’re not from the Pacific Northwest, what brought you here?

    I’m a rare Seattle native. I grew up in northwest Seattle. I moved away a few times and found I missed the green, the trees, the water, the mountain views, and my family.

  2. What inspired you to pursue Environmental Planning? What made you curious about it?

    My academic background is in forestry, botany, and landscape ecology. I spent a handful of years chasing seasonal field assistant and data collection positions, then two things happened: (1) I started to crave some creature comforts (living out of a backpack, alone or with one or two other smelly humans and being perpetually cold and hungry often left me fantasizing about hot water on demand, grocery stores, and an expanded social circle), and (2) I had a lot of time to stare at the stars and wonder why I (and others) do what they do: why do scientists study what they study? What is the application? How do we weigh and measure natural resource demands and desires with protection, conservation, and restoration of the natural gifts and ecosystems that sustain us and all life?

    I looked toward some of my mentors and discovered yes, they were scientists by training and loved wandering in the woods, but moreover, they were writing papers, testifying before congress and working in multi-disciplinary groups to tackle big concerns and craft comprehensive resource management plans. I am inherently a detail-oriented person and saw environmental impact analysis and environmental planning as ways to expand my big-picture thinking skills and maybe do something that had a practical application and served people as well as plants and fish.

  3. What do you like best about your area of expertise? What excites you and keeps you motivated?

    Environmental planning is by nature collaborative, changing, a little bit messy, and ideally grounded in reason and science. It requires people to look up and talk to each other, to engage, consult and consider people, populations, and elements they may not otherwise. It requires compromise and adaptive management. There has been a growing buzz about social and environmental justice this past decade.

    I see humans—individuals, societies and cultures—as an integral and inseparable part of the physical, biological and chemical processes that sustain them. Environmental planning is a powerful tool that offers the opportunity for inclusiveness and stewardship. I value and appreciate bringing stakeholders and ideas to the table, giving them a voice, and translating all the voices into practical, feasible and necessary strategies for managing and interacting with the natural and built environment.

  4. What do you like to do when you aren’t working?

    I need a lot of time walking outdoors to maintain my sense of grounding and being human, so I take any chance I get to walk, hike, or somehow plot one foot in front of the other and look at the sky. I’m also a nutrition science nerd and a podcast junkie. I can tell you all the ins and outs of “keto” and the autoimmune paleo protocol; walk you through a tailored elimination diet and reintroduction; and write a love letter describing the HPA (hypothalamic-pituitary-axis) and all the things we do in modern life to drive stress overload and knock that axis off-kilter. I love learning about that stuff. I also scratch cook most everything—out of necessity and interest—and am a total foodie at heart thanks to my years of restaurant and catering work to pay for school. Hanging out with my two wildly energetic and crazy daughters deserves an honorable mention.

  5. Where in the world would you like to travel next?

    Travel hasn’t been on my radar for many years due to a collection of circumstances. I’d love to go to northern England and Scotland and work with modern-day sheepherders for a stint, preferably in the spring and summer months.

Advancing Washington State Water Law for Fish, Housing, Farming, and Industry in 2020

In November 2019, the “Foster” Task Force (referencing the name of the 2015 water rights case it was charged with reviewing) delivered its Water Resource Mitigation Report (Report) to the Washington State Legislature. As the Legislature meets in 2020, this topic may arise in the water bills that will be debated in the coming months. The Report provides an update on progress in the Task Force to define mitigation sequencing, the five “pilot” implementation projects, and how this effort is being integrated with Ecology’s Net Ecological Benefit guidance that was adopted in 2019 for permit-exempt well mitigation.

The issue of how out-of-time and out-of-kind mitigation will be evaluated and potentially codified by the Legislature is a critical question that affects future development in Washington (new housing, farming, and industry). It will also create a framework for how these important out-of-stream needs can be harmonized with fish recovery goals in Washington.

Aspect is currently facilitating two of the RCW 90.94 watersheds that are required to develop Net Ecological Benefit Watershed Plan Updates: Okanogan and Little Spokane. The Foster Task Force’s recommendations (summarized from the Task Force’s group which includes almost 20 members from state government, agencies, municipal water purveyors, tribes, farming, and advocacy groups) on mitigation sequencing may influence these plans that must be adopted by Ecology in early 2021. Aspect’s Dan Haller had the opportunity to present several mitigation projects Aspect has helped clients develop to the Task Force to help inform mitigation sequencing. Check out the report at this link to get up to speed with this emerging water issue.

Contact Dan Haller if interested in discussing the implications of this report further.

Jill Van Hulle Joins Aspect's Preeminent Water Rights Team

Jill Van Hulle, Associate Water Rights Specialist

Aspect strengthens its water resources practice with the addition of Associate Water Rights Specialist Jill Van Hulle. Jill is a water rights evaluation and permitting specialist with over 25  years of experience focused on Washington state water law, water rights acquisitions, and transfers for public agencies and private industry. Jill will join Aspect’s growing Olympia office, expanding Aspect’s capabilities for clients in the south Puget Sound area.

“Jill is respected by clients, regulators, and peers as one of the most knowledgeable and savvy water rights practitioners in Washington,” says Tim Flynn, Aspect’s President. “We’re excited to continue to introduce Aspect to all the south Puget Sound and clients throughout Washington that Jill has built strong relationships with.”

Jill worked as a water rights consultant for the last 11 years, and before that had 15 years of experience working at the Washington State Department of Ecology. She brings in-depth understanding of many water rights permitting strategies that protect valuable water resources assets for clients. From relinquishment protection strategies to water banking, from new mitigated permits to transfers, Jill is working on innovative projects throughout Washington. 

 “I’m excited to join the Aspect team and honored to be a part of such a talented group of consultants,” says Jill.  “Within my practice, Aspect has long been considered as one of the best firms in the Pacific Northwest, and among the few that truly understand the complex relationship between the water resource practice and the technical world. I love their enthusiasm, creativity, and dedication to both their clients and the environment. Aspect is a great fit for me.”