Buckley challenges DOE on call
Published 4:33 pm Thursday, April 30, 2009
By Jessica Keller, The Courier-Herald
The city of Buckley is challenging a state Department of Ecology decision allowing Puget Sound Energy to sell water from the White River Basin.
Buckley's water rights attorney Kathy Callison drafted the notice of the appeal for the city, which was submitted by the appeal deadline of July 30. Buckley joins the city of Auburn and the Puyallup and Muckleshoot tribes in the appeal.
The City Council was informally polled July 25 on the decision, but will vote on the issue for public record at the next City Council meeting.
Callison said the city feels until the issues of Buckley's water rights appeal are resolved, DOE shouldn't grant PSE water rights to take 64.5 million gallons a day from the White River watershed to sell to East King County cities.
She said one of the city's arguments in the appeal was that DOE hasn't given adequate consideration to the real, immediate needs of the people living in the White River Basin, and that should be done before so much water is given.
Buckley officials are concerned there is limited water in the water shed for so much water to be taken out and given to people outside of the water shed, possibly affecting the ability for cities in the White River Water Basin, such as Buckley, to provide for their residents, and possibly inhibit any growth.
Another argument ties in with Buckley's pending water rights appeal. Callison said Buckley officials feel DOE shouldn't grant water rights to PSE, concerning water from the same source, before Buckley's pending water rights appeal and the issues being considered are decided because Buckley submitted their water rights request first.
Callison said Buckley officials feel, even though the city has offered substantial water quality and quantity mitigation benefits to reduce the impacts to the water in the White River, with considerable cost to the city, DOE didn't give Buckley's mitigation plan equal consideration in comparison with the PSE plan.
"It's a tough decision for ecology and we recognize that, but the benefits to the streams need to be given fair and equal consideration," Callison said.
The appeal is being made to the Pollution Control Hearings Board, although a date has yet to be determined.
"I do think that we have very good arguments to support our appeal, and if you have good arguments, you hope you can achieve a beneficial results," Callison said.
Callison said until she reads the appeals of the other parties, she doesn't know if they will help in the outcome.
Jessica Keller can be reached at jkeller@cmg-northwest2.go-vip.net/courierherald
