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Washington Water Watch: August Edition

Dear friends of CELP,

As the summer winds down in this crazy year, I hope you all got a chance to get out and recreate on Washington’s amazing rivers and streams, a great way to recharge from the stress we are all experiencing. These waters are the life blood of Washington that should be protected and celebrated by all. But sadly, there are many who only see our waterways as a resource to be exploited harming fish and the public who rely on them. The impacts from Climate Change are only making a dire situation even worse. 

That’s why CELP continues our important work to protect, preserve, and restore Washington’s waters now and for future generations. But we can’t do it alone. We rely heavily on support from individuals like you, so if you are able please support CELP’s important work by donating on our website: www.celp.org

In spite of our work, sometimes our efforts fail, and that happened with our challenge to the flawed summer flow in the Spokane River Instream Flow Rule. The State Supreme Court ruled against us, and now the people and businesses in Spokane are the real losers. The Department of Ecology can now issue water rights that will drop the flow in the river to drought levels during the summer, making recreation on the river almost impossible.

In this issue you will find more information on this State Supreme Court ruling, Governor Inslee’s letters pausing the proposed Chehalis River dam, a bio of Celebrate Water’s guest speaker, the American Water Resource Association’s state conference event, and more. 

I also want to send out a big thank you to all of our Celebrate Waters Sponsors. They play a huge role in helping us do our important work!

 Sincerely, 

Trish Rolfe

Executive Director

trolfe@celp.org

PS. Please tune into Celebrate Waters Virtual event on September 17th and stay safe!

Read the Full Newsletter: https://conta.cc/2EQvkQg


State Supreme Court ruling removes public, legislature voice from river flow decisions, gives Ecology total control

Decision harms recreational users and businesses statewide, devaluing recreation as a river use

For immediate release: August 7, 2020

Contact:

SPOKANE, Wash. – Today the State Supreme Court ruled against protecting flows in the Spokane River, rejecting arguments of river advocates, upholding the Washington Department of Ecology (Ecology)’s drought-level flow rate decision. The decision subverts the will of the state legislature, granting total control over river flows in Washington state to Ecology and establishes a superficial role for public input the agency is free to ignore. Nothing in the court’s decision, however, prevents Ecology from restoring Spokane River flow rates to levels that will sustain and restore fish, support the recreation economy, and revive the river character of Spokane.

At the center of the conflict between river advocates and Washington state officials is whether water flowing in the Spokane River during hot summer months should be protected for community recreational and aesthetic use, river fish, and wildlife – or if Ecology should be allowed to take more water from the river by granting more water rights.

The State Supreme Court decision dooms the Spokane River to drought flows every summer. With such low flows set by the state, salmon will not return to the Spokane River.”

Trish Rolfe, executive director of the Center for Environmental Law & Policy.

In July 2019, the State Court of Appeals ruled in favor of Sierra Club, CELP and American Whitewater, holding that the Washington Department of Ecology failed to protect Spokane River flows as required by the Water Resources Act. Ecology appealed, and yesterday the State Supreme court ruled in the agency’s favor.

“We brought this case because we believed the law was clear: Ecology was required to protect the Spokane River to protect and when possible enhance wildlife, fish, scenic, aesthetic and other environmental values, while also protecting navigation. Despite this clear direction from the legislature, this ruling allows Ecology to pick and choose winners and losers, literally leaving some folks high and dry.”

Andrew Hawley, Staff Attorney for the Western Environmental Law Center

“This State Supreme Court ruling harms recreational users and businesses statewide by devaluing recreational use of rivers. In the interstate conflict between Idaho and Washington over water, the Evergreen State failed to protect water for Washingtonians.”

John Osborn, physician and Sierra Club’s Upper Columbia River Group conservation chair.

“The Spokane River is an incredible community resource for recreation and public enjoyment. We are disappointed that this week’s ruling sets the path toward lower flows, reduced river health, and fewer opportunities for recreational boaters. Despite today’s ruling that will make our work more challenging, we remain committed to continue our work to protect instream flows.“

Thomas O’Keefe, American Whitewater’s Pacific Northwest Stewardship Director.

Background:

Beloved and imperiled, the Spokane River flows through the second-largest city in Washington state, cascading over spectacular waterfalls and cutting a deep gorge. In most summers, enough water flows in the river to support fishing, river rafting, and other outdoor recreation. River advocates asked the court to hold the Department of Ecology (Ecology) to its duty to protect fish and wildlife, scenic, aesthetic and recreational values, and navigation, when establishing the minimum summer flows allowable for the Spokane River.

In setting instream flows, Ecology failed to account for boaters who use the Spokane River, fishermen who pursue the river’s wild redband trout, and businesses that depend on river-based recreation. Ecology also failed to conduct a basic assessment of the scenic values of the Spokane River as it flows through the gorge and Riverside State Park – important to users of the Centennial Trail and others.

Overall, Ecology ignored all public comments in support of protecting the Spokane River and adopted unchanged its flow rule of 850 cubic feet per second (CFS) – near-drought level river flows that will jeopardize the Spokane River and its public uses.

Need to protect recreational use of the Spokane River

In the proceedings, the foremost national experts on recreation and aesthetic flow concluded Ecology’s adopted flows are inadequate to support most types of recreational boating on the river.

Fish need water

Spokane River fisheries need cold, abundant water. Today, the State Supreme Court upheld Ecology’s “data-free” conclusion that 850 CFS is best for fish as justification of its decision not to protect higher Spokane River flows.

Issue experts concluded the state’s flow rule – setting the Spokane River flow rate below the Monroe Street Dam in the summer at 850 CFS – is inadequate to protect and restore a healthy redband trout population, and that the study prepared to support the State’s chosen river flow was flawed. Ecology could have accommodated the needs of other water users without sacrificing fish.

Protecting aesthetics in the city’s heart

“Our city owes its origins, its beauty, and a great deal of its past and present life to the Spokane River.  It would be a betrayal of the river and our identity if we did not maintain healthy and aesthetic river flows.”

– Tom Soeldner, Sierra Club’s Upper Columbia River Group based in Spokane

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Washington Water Watch: June 2020 Edition

Letter from the Executive Director

Dear friends of CELP,
We hope you are all staying safe and healthy. As CELP staff continues into its fourth month of working from home, we continue to stay focused on our mission, but our work continues to change as this crisis continues. Our outreach has changed considerably as we say goodbye to our Outreach Coordinator of three years, Nick Manning, who just graduated from the Evans School of Public Policy at the University of Washington and has moved on to fight climate change with another organization. Congratulation Nick, and good luck in your new job. We have also had to change our outreach plans as all the events and programs that we had on our calendar for the summer were canceled because of COVID-19. Going forward we will be transitioning to virtual outreach events and reaching out by phone and email to continue to do this important work, please feel free to reach out to us if you want to join us in protecting Washington’s water resources. Our legal and policy work continue with virtual hearings and meetings. 

CELP continues this important work to protect, preserve, and restore Washington’s waters now for future generations because our water resources face tremendous challenges. The impacts from Climate Change and increased development have impaired our rivers and streams, and the fish and wildlife that depend on them. But we can’t do it alone. We rely heavily on support from individuals like you, so if you are able please support CELP’s important work by donating on our website, www.celp.org.


In this issue you will find an update on the Spokane River Instream Flow Rule case, a BIG thank you, our Chehalis River dam proposal comments, an introduction to our 2020 interns, our 2019 annual report, and information on our upcoming Celebrate Water event.

Sincerely, 

Trish Rolfe

Executive Director

trolfe@celp.org

Read the Full Newsletter: https://conta.cc/38f5vnf


Washington Water Watch: February 2020 Edition

Dear friends of CELP,

This year started off unusually warm and wet with Seattle experiencing its 3rd warmest January on record and the wettest start to the year in over a decade. January was Washington’s 12th warmest on record and among its least snowy. February has also had record-breaking warm days and there were numerous floods across Western Washington. This trend is worrisome for our water resources with more rain and less snow during the winter months leading to droughts during the summer. Thankfully we have received a lot of snow in the mountains in the last few weeks and our snowpack is now over 100% of normal. We will be monitoring what happens in the next few months to see if we will experience another drought. Stay tuned.

Meanwhile, we have been working hard in Olympia to protect Washington’s waters. This year’s legislative session has kept CELP very busy dealing with over a dozen water bills. But our hard work would not be possible without you. We rely on generous donations from our members and supporters to hold our lawmakers and agencies accountable for protecting Washington’s rivers and streams. If you haven’t renewed your membership for 2020, you can do it today on our secure website, www.celp.org.

In this issue you will find information about water banking, water bottling, the legislative session, a call to action, Clean & Abundant Waters lobby day, the Spokane River Instream Flow Rule, upcoming events, and Water Stories. 

Sincerely, 

Trish Rolfe

Executive Director

trolfe@celp.org

Read the Full Newsletter

Sol Duc Falls Olympic National Park by Julie Titone

Honoring Spokane businesses, American Whitewater for River Protection

For Immediate Release (February 26)

Honoring event will launch campaign to protect Spokane River, a test case for rivers statewide

Contacts:

Summary: The 13th annual Winter Waters celebration is jointly hosted by the Upper Columbia River Group of Sierra Club and CELP.  UCR Group, based in Spokane, will honor “Spokane River Flow Champions.”   Link to event webpage.

Who is being honored:

Timing, historical significance:    2020 is a pivotal year for protecting a clean, flowing Spokane River.  Decisions about how to manage water quantity and quality in the Spokane River have consequences for rivers throughout Washington.

Protecting Spokane River summertime flows.   In July 2019, the State Court of Appeals ruled in favor of Sierra Club, CELP and American Whitewater, holding that the Washington Department of Ecology failed to protect Spokane River flows as required by the Water Resources Act. (link). Ecology appealed, and on May 14 the state Supreme Court will hear oral argument on the case.

Spokane businesses – ROW Adventures (Peter Grubb), Silver Bow Fly Shop (Sean Visintainer), and FLOW Adventures (Jon Wilmot) – actively assisted in the petition and lawsuit asking the State to recognize and protect impacted businesses when setting flows for the Spokane River.  

The Upper Columbia River Group is also honoring Thomas O’Keefe of American Whitewater, for his central role in protecting the Spokane River.  American Whitewater is the primary advocate for the preservation and protection of whitewater rivers throughout the United States.  

Cleaning up the Spokane River’s PCB pollution.  Water quality in the Spokane River is already compromised, and now faces two major threats, from both the Trump Administration and the State of Washington.  The U.S. Environmental Protection Agency has rolled back fish consumption standards that control toxic PCBs.  These watered-down standards threaten public health.

The Department of Ecology is also weakening clean water standards through its new “Variance” process, which will allow municipal and industrial polluters to continue to put large quantities of PCBs into the Spokane River.  In 2020, the State will hold public meetings and take public comment on the Variance proposal. 

Launching a statewide campaign for a clean, flowing Spokane River.  At the March 6 honoring event, Sierra Club will launch a statewide effort to involve the public in agency decisions regarding the Spokane River.  With tribes leading efforts to restore salmon to the Upper Columbia Basin, Sierra Club’s campaign seeks clean, flowing water to support the return of spawning salmon to the Spokane River.

When: Friday, March 6th, 2020 6:00 pm- 9:00 pm 

Where: Spokane’s Historic Patsy Clark Mansion, 2208 W. 2nd Ave

Tickets: $40 per person, $70 for two (purchase online or at the door-please RSVP).  

Quotes (from the legal challenge to protect summertime flows, Spokane River):

       Peter Grubb, ROW Adventures:

“The importance of the Spokane River to those living and recreating in the area cannot be overstated. In fact, I believe that the Spokane River offers the best natural whitewater experience available in a major U.S. city. It offers a whitewater experience that is accessible to a broad cross-section of users, from beginning rafters to experienced whitewater paddlers.” 

“The 850 cfs [cubic feet per second] flow that was enacted as a minimum flow in the final Spokane River Instream Flow Rule could eliminate a major portion of our business. We have found that the whitewater trips at higher flows are more popular with clients than the float trips at lower flows. Because the Instream Flow Rule only protects low river flows (e.g. 850 cfs) for much of the summer season, it would reduce the amount of time that we can run whitewater trips and our business would be adversely affected.”

       Sean Visintainer, Silver Bow Fly Shop:

“River flow is critical for my business. In addition to absolute water levels, the aesthetics of the river determine how likely clients are to want to fish. At 750 cfs fishing the Spokane is far less attractive, and even at 850 cfs people are likely to choose other activities over fishing.  I believe that a higher minimum summer flow would be very helpful to my business. The river habitat is more productive for fish at higher levels, and the aesthetics are much better than at lower flows. At or below 850 cfs, the habitat where fish are found is more fragmented, water temperatures may be higher in some stretches, which is not good for trout, and the water moves at a much slower pace.
I estimate that we lost approximately 40 guiding days in the summer of 2015 due to the low river flows. At times we were unable to navigate portions of the river due to low water. Fishing restrictions due to the low flows and high temperatures (fishing was restricted to before 2:00 PM) also reduced fishing opportunities.”

       Jon Wilmot, FLOW Adventures:

“The Spokane River is a critical amenity for the city of Spokane and the surrounding area, and is one of the most popular recreational features of the area. Because of its proximity to the city, it is possible to run half-day or one-day trips without the need to drive significant distances. This outstanding accessibility makes Spokane River trips feasible for visitors with limited time. I am not aware of any other city that has this kind of local whitewater experience available to visitors. I depend on the River for a major portion of my business, and my ability to operate on the River is dependent on adequate instream flows.”

Event sponsors:  * Upper Columbia United Tribes * Adventure Travel Trade Association/Adventure 360 * Eymann Allison Jones Law Firm * Northwest Whitewater Association * American Whitewater  * Hydropower Reform Coalition * Columbia Institute for Water Policy * Rachael & John Osborn * Linda Finney & Tom Soeldner * Morton Alexander & Paige Kenney * Joyce & John Roskelley * Suzy Dix-Windermere * Allen “AT” Miller-Lukins & Annis Attorneys at Law * Jeff Lambert * Kathy Dixon & Barbara Rasero * Fred Christ *


July Drought Update

Summer officially began a few weeks ago and Washingtonians are now out hiking, camping and enjoying all the outdoors activities our state has to offer. But this warm, dry weather comes with frightening prospects for Washington’s rivers and streams. As you may have heard, Governor Inslee declared an emergency drought back in early April and since then he has expanded it to over half of the state. Snowpack conditions are less than 50% of the average for this time of year, and 83% of our rivers and streams are flowing well below normal with many experiencing record lows.  

The Naches River flows low as it feeds into the Yakima – Washington State Department of Ecology.

This is not good news for Washington’s rivers and the fish that depend on them. Statewide, more than two dozen salmon populations are listed as endangered, and this year’s drought could cause these salmon populations to dwindle even more, hampering recovery efforts for the endangered Resident Orcas as well. Low flows are also impacting water quality in many of our rivers and streams, and causing rafting and kayaking business to cancel summer trips. In many areas of the state water users have already been told to cut back their water use until stream flows improve. As bad as this all is it’s likely to get much worse, Climate Change and our states population growth continue to strain Washington’s already over-allocated water resources.  

Even in light of all this, there is still immense pressure to give away our water, like a proposed Crystal Geyser water bottling plant in Randle, Washington that is planning to take 325,000 gallons a day out of the Cowlitz river watershed if its permit is approved by Ecology. That’s where CELP comes in. As Washington’s only water defender, CELP has worked passionately since 1993 to protect and restore clean, flowing waters in Washington, and we are now working around the state to stop this wholesale giveaway of our water resources, and restore flows in the many rivers and streams across the state. But we can’t do it alone.  Your support now means more than ever. Please consider making a donation today.  You can donate online at our secure website, or send us a check in the mail. CELP’s work to protect Washington’s water resources depends on it.    

Take a look at current streamflow conditions here: https://www.usgs.gov/centers/water-dashboard/surface?state=wa


Court: State failed to protect Spokane River’s summertime flows

For immediate release

June 27, 2019

Appeals court sides with Spokane River advocates:  State failed to protect Spokane River summertime flows

Contacts:

SPOKANE – On June 26, 2019, the Washington State Court of Appeals Division II ruled in favor of Spokane River advocates, finding that the Washington Department of Ecology (Ecology) failed to protect summertime flows needed by the river, and thousands of boaters, fishers, anglers, and businesses.  The court, in rejecting Ecology’s Spokane River rule, underscored that the agency arbitrarily disregarded thousands of public comments, boater surveys, an analysis comparing the aesthetics of different flows, and testimony of river-dependent businesses.

Ecology adopted the Spokane River flow regulation in 2015. Water advocacy groups Center for Environmental Law & Policy (CELP), American Whitewater, and Sierra Club filed an appeal, arguing that the state was required to consider all uses of the river, not just fishery uses, in adopting an instream flow regulation or rule for the river. The court agreed, holding that Ecology did not have discretion to disregard recreational and aesthetic use of the river.

“During hot summer months, Spokane River flows must be protected for community recreational and aesthetic use, as well as fish and wildlife,” said John Osborn, conservation chair for the local Sierra Club’s Upper Columbia River Group. “The Department of Ecology, which has a long record of issuing water rights to the point of endangering rivers and aquifers, should not be allowed to further degrade the Spokane River by leaving open the door for more water rights.”

The court ruled:

  • “The [Spokane] river is a central feature of the region’s identity, and Spokane residents view the river as an integral part of their community. (Opinion, p.3)
  • Ecology may not “narrowly protect only one instream value that Ecology deems ‘best’”, but must “meaningfully consider a range of instream values . . .” (Opinion, p. 17)
  • “Ecology’s explanations for establishing instream flows based only on fish habitat studies without regard to how its proposed flow would protect other values was arbitrary and capricious. Therefore, the resulting Rule is invalid.” (Opinion, p.21)

“The Court recognized that rivers have many valuable uses, and that determining the best flow requires balancing among those uses. If fish need a certain flow, that wins out. But here more water would be better for fish as well as recreational uses.  Ecology ignored recreational and aesthetic uses of the river at their peril,” said Andrew Hawley of the Western Environmental Law Center, attorney for the appellants.

“Through the process of setting a minimum instream flow, Ecology chose to ignore the needs of recreational users of the Spokane River,” said Thomas O’Keefe of American Whitewater. “Today the court agreed that a minimum flow of 850 cfs would not be adequate to support rafting, kayaking, and other recreational uses of the river. Ecology must seek to protect multiple instream values and this ruling makes clear that the agency has a responsibility to do that.”

“Today’s decision means Ecology must consider all uses of the river (and other rivers and streams in Washington) and provide meaningful protection of instream values,” said Dan Von Seggern, attorney with the Center for Environmental Law & Policy. “The Spokane River supports fish populations, rafting and kayaking, summer recreation and riverside habitat. Climate change and increased demand for water will put more and more pressure on these uses of the Spokane in the future. An instream flow rule will protect the river from these threats.  Unfortunately, by ignoring thousands of public comments, considering only fish habitat and protecting only a near-drought level summer streamflow, Ecology failed to consider recreation, navigation and the river ecosystem in general.  We hope that Ecology will now set a summer flow level that considers all of these uses, and protects more of the water that now flows in the River.”

“We hope this decision marks a turning point in how the Department of Ecology approaches its task of protecting the people, fish, and wildlife that depend on healthy rivers,” said Andrew Hawley, attorney with the Western Environmental Law Center. “Going forward, we expect to see Ecology make decisions that account for all the beneficial uses our shared rivers have to offer.”

The Department of Ecology could appeal this decision to the Washington Supreme Court, or accept the decision and go back to work on the Spokane River rule, fully involving the community in adoption of a new rule.

Appellants are Sierra Club, Center for Environmental Law & Policy and American Whitewater, and are represented by attorneys Dan Von Seggern (CELP) and Andrew Hawley (Western Environmental Law Center).

More background available here.

Court of Appeals’ Ruling on Spokane River Flows:  here.

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Join CELP and CCA Lower Columbia to Learn about Protecting Streamflow and Fish Habitat in Southwest Washington

Join the Coastal Conservation Association Washington’s Lower Columbia Chapter for their November meeting and learn about protecting streamflow and fish habitat in southwest Washington.

CELP’s Water Policy Organizer Nick Manning will be presenting and discussing protection efforts for the Cowlitz, Lewis, Grays and Elochoman Rivers. Bring questions and a friend (or two).

Food and drink will be available. All are welcome to attend!

  • When: Thursday, November 8 @ 6:30 pm
  • Where: The Carriage Restaurant — 1334 12th Avenue, Longview WA

Hirst Update: Watershed Restoration and Enhancement Committees

by Trish Rolfe
Last session, the Washington State Legislature passed a streamflow restoration law, ESSB 6091, in response to the Supreme Court’s

Hirst decision. Hirst changed how counties could approve or deny building permits that use permit-exempt wells for a water source.

The law, RCW 90.94 Streamflow Restoration, helps protect water resources while providing water for rural residents reliant on permit exempt wells. The law directs local planning groups in 15 watersheds to develop or update plans that offset potential impacts to instream flows associated with new permit-exempt domestic water use. The law splits up these watersheds into two groups: those with previously adopted watershed plans and those without.

The Nooksack, Nisqually, Lower Chehalis, Upper Chehalis, Okanogan, Little Spokane, and Colville basins all have previously adopted watershed plans. For these seven basins, local watershed planning units are to update their watershed plan in order to compensate for the impacts of new permit exempt well uses.
The law identifies the Nooksack and Nisqually basins as the first two to be completed. They have until February 2019 to adopt a plan; if they fail to do so, Ecology must adopt related rules no later than August 2020. Planning units in the Lower Chehalis, Upper Chehalis, Okanogan, Little Spokane, and Colville basins have until February 2021 to develop their plans. Until watershed plans are updated and rules are adopted in these seven watersheds, new permit-exempt wells require only payment of a $500 fee. The maximum withdrawal is 3,000 gallons per day per connection on an annual average basis.

Deschutes River – Photo from WA Dept of Ecology

Eight other watersheds do not have previously adopted watershed plans. They are Snohomish, Cedar-Sammamish, Duwamish-Green, Puyallup-White, Chambers-Clover, Deschutes, Kennedy-Goldsborough, and Kitsap. For these eight basins:

  • Ecology will establish and chair watershed committees and invite representatives from local governments, tribes, and interest groups.
  • The plans for these watersheds are due June 30, 2021.
  • New permit-exempt wells require payment of a $500 fee.. The maximum withdrawal is 950 gallons per day per connection, on an annual average basis. During drought, this may be curtailed to 350 gallons per day per connection for indoor use only.
  • Building permit applicants in these areas must adequately manage stormwater onsite.

CELP has been appointed to participate on the Snohomish, Cedar-Sammamish and Duwamish-Green watershed planning units, and we have volunteers participating in several others.

The law also provides $300 million until 2033 for projects that will help fish and streamflows. Watershed planning groups will recommend proposals for funding by Ecology to achieve this.

Litigation News: Freeing the Similkameen River and Dungeness River Rule Challenge

by Dan Von Seggern

CELP Continues Fight to Free Similkameen River

The long-running battle to remove this environmentally damaging and economically unjustifiable Enloe Dam continues. A major tributary to the Okanogan River, the Similkameen flows through 122 miles of potential salmon habitat in British Columbia and Washington. A fish-blocking dam was constructed on the River in 1922 and has not generated power since 1958. The Okanogan County Public Utility District (PUD), which owns the dam, is attempting to restart power generation at the dam. The power the dam would produce is not needed and would be much more expensive than the PUD’s current sources of electricity.

On September 13, along with the Sierra Club and Columbiana, CELP filed a Notice of Intent to Sue the Okanogan County PUD as well as the National Marine Fisheries Service (NMFS) and the Federal Energy Regulatory Commission (FERC) over the dam’s effect on ESA-listed Upper Columbia steelhead and Chinook salmon. The Notice is the first step towards filing a lawsuit under the Endangered Species Act. We contend that the dam unlawfully harms ESA-listed fish species, that the process of evaluating the dam’s impact on fish was inadequate, and that FERC unlawfully failed to consult with NMFS regarding the listed fish, as the Endangered Species Act requires.

In a separate action, CELP has asked the 9th Circuit Court of Appeals to review FERC’s giving the PUD additional time to begin construction. The Federal Power Act requires that construction be started within the period of a hydroelectric license, and allows only a single two-year extension. When the PUD failed to begin construction within the required time, FERC “stayed” revocation of the license, effectively giving the PUD additional time. CELP believes that FERC lacked authority to “extend” the license in this manner and that it should have allowed public participation in the license amendment process.

Dungeness River Rule Challenge

This case (Bassett et al. v. Ecology, Case No. 51221-1-II) is a challenge by a group of property rights activists and developers to the Department of Ecology’s Instream Flow Rule for the Dungeness River, WAC 173-518.  CELP supports the Rule, which provides for mitigated use of new permit-exempt wells while protecting instream resources.  After the plaintiffs filed suit against Ecology, CELP joined in the case as an intervener to argue in favor of the Rule. CELP and Ecology prevailed in Thurston County Superior Court, and plaintiffs appealed.   Division II of the Washington Court of Appeals heard oral argument in the case on October 18 and we are now awaiting the Court’s ruling.