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044-21 - Department of Ecology - ContractContract No. 044-21 Watershed Restoration and Enhancement Draft Plan WRIA 15 Kitsap Watershed February 1, 2021 DEPARTMENT OF _ ECOLOGY State of Washington WRIA 15 WATERSHED PLAN — FINAL DRAFT Publication Information This document is available on the Department of Ecology's website at: https://ecoIogy.wa.gov/Water-Shorelines/Water-supply/Streamflow-restoration/Streamflow- restoration-planning Cover photo credit • Curley Creek Courtesy of Kenna Cox Contact Information Water Resources Program Address: 3190 160th Ave SE, Bellevue, WA 98008 Phone: 425-649-7000 Websitel: Washington State Department of Ecology ADQ Accessibility The Department of Ecology is committed to providing people with disabilities access to information and services by meeting or exceeding the requirements of the Americans with Disabilities Act (ADA), Section 504 and 508 of the Rehabilitation Act, and Washington State Policy #188. To request an ADA accommodation, contact Ecology by phone at 360-407-6872 or email at WRpubs@ecy.wa.gov. For Washington Relay Service or TTY call 711 or 877-833-6341. Language Access The Department of Ecology offers free language services about our programs and services for people whose primary language is not English. We can provide information written in your preferred language and qualified interpreters over the telephone. To request these services, or to learn more about what we can provide, contact our Language Access Coordinators by phone at 360-407-6177 or email at miIlie.piazza@ecy.wa.gov. When you call, please allow a few moments for us to contact an interpreter. Visit Ecology's website for more information. www.ecology.wa.gov/contact WRIA 15 — FINAL DRAFT PLAN Page ii February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Acronyms Acronym Definition AE Application Efficiency AF/yr Acre -Feet per Year CFS Cubic Feet per Second CU Consumptive Use CUF Consumptive Use Factor GPD Gallons per Day GIS Geographic Information System IR Irrigation Requirements LID Low Impact Development LIO Local Integrating Organization MAR Managed Aquifer Recharge NEB Net Ecological Benefit PE Permit -Exempt RCW Revised Code of Washington WDFW Washington Department of Fish and Wildlife WRIA Water Resource Inventory Areas WRIA 15 — FINAL DRAFT PLAN Page vii February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Acknowledgements This watershed plan was written as a collaboration between the Department of Ecology, the WRIA 15 Committee, and the technical consultants. We express our sincere gratitude to those that supported the development of the plan and supplemental materials. WRIA 15 — FINAL DRAFT PLAN Page viii February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT WRIA 15 Committee Members — Primary Representatives and Alternates Dave Ward, Kitsap County David Nash', Kitsap County Kathy Peters, Kitsap County Commissioner Randy Neatherlin, Mason County David Windom, Mason County Dan Cardwell, Pierce County Austin Jennings, Pierce County Greg Rabourn, King County Joe Hovencotter, King County Eric Ferguson, King County David Winfrey, Puyallup Tribe Seth Book, Skokomish Tribe Dana Sarff, Skokomish Tribe Jeff Dickison, Squaxin Island Tribe Paul Pickett, Squaxin Island Tribe Erica Marbet, Squaxin Island Tribe Leonard Forsman, Suquamish Tribe Alison O'Sullivan, Suquamish Tribe Sam Phillips, Port Gamble S'Klallam Tribe Paul McCollum, Port Gamble S'Klallam Tribe Jacki Brown, City of Port Orchard Thomas Hunter', City of Port Orchard Zach Holt, City of Port Orchard Trent Ward, City of Gig Harbor Brienn Ellis, City of Gig Harbor Michael Michael, City of Bainbridge Island Christian Berg, City of Bainbridge Island Christy Carr', City of Bainbridge Island Teresa Smith, City of Bremerton Allison Satter, City of Bremerton Mayor Becky Erikson', City of Poulsbo Joel Purdy, Kitsap Public Utility District Mark Morgan, Kitsap Public Utility District Page ix Bob Hunter, Kitsap Public Utility District Brittany Gordon, Department of Fish and Wildlife Nam Siu, Department of Fish and Wildlife Stacy Vynne McKinstry, Department of Ecology Russ Shiplet, Kitsap Building Association Josie Cummings, Building Industry Association of Washington Joy Garitone, Kitsap Conservation District Nathan Daniel, Great Peninsula Conservancy Sandra Staples-Bortner2, Great Peninsula Conservancy Larry Boltz, Mason Kitsap Farm Bureau (ex officio) Shawn O'Dell, Washington Water Service (ex officio) WRIA 15 Technical Consultant Team Bob Montgomery, Anchor QEA Burt Clothier, Pacific Groundwater Group Chad Wiseman, HDR HDR, Pacific Groundwater Group and Anchor QEA Support Staff Facilitation Team Susan Gulick, Sound Resolutions Angela Pietschmann, Cascadia Consulting Additional support from Cascadia Consulting Staff Department of Ecology Staff Stacy Vynne McKinstry, Chair John Covert, Lead Technical Support Paulina Levy, Committee and Plan Development Support Stephanie Potts, WRIA 15 Alternate Chair Ria Berns, Regional Section Manager Bennett Weinstein, Streamflow Section Manager Mugdha Flores, Streamflow Communications Lead Streamflow Section Technical Staff Northwest Region Water Resources Section WRIA 15 — FINAL DRAFT PLAN February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Project Workgroup Joy Garitone and Brian Stahl, Kitsap Conservation District Jon Turk, Aspect (Consultant to Skokomish Tribe) Joel Massman, Keta Waters (Consultant to Suquamish Tribe) Alison O'Sullivan and John O'Leary', Suquamish Tribe Austin Jennings and Dan Cardwell, Pierce County Brittany Gordon and Nam Siu, Department of Fish and Wildlife David Nash' and Kathy Peters, Kitsap County David Windom, Mason County Paul Pickett, Squaxin Island Tribe Sam Phillips, Port Gamble S'Klallam Tribe Thomas Hunter' and Zach Holt, City of Port Orchard Brenda Padgham, Bainbridge Island Land Trust Greg Rabourn, King County Seth Book and Dana Sarff, Skokomish Tribe Bob Montgomery, Anchor QEA Burt Clothier, Pacific Groundwater Group Stacy Vynne McKinstry, Department of Ecology Erik Steffens, Great Peninsula Conservancy Joel Purdy, Kitsap Public Utility District Technical Workgroup Eric Ferguson, King County Jon Turk, Aspect (Consultant to Skokomish Tribe) Joel Massman, Keta Waters (Consultant to Suquamish Tribe) Alison O'Sullivan and John O'Leary', Suquamish Tribe Austin Jennings and Dan Cardwell, Pierce County Brittany Gordon and Nam Siu, Department of Fish and Wildlife David Nash', Kitsap County David Windom, Mason County Paul Pickett, Squaxin Island Tribe Sam Phillips, Port Gamble S'Klallam Tribe Page x Thomas Hunter' and Zach Holt, City of Port Orchard Joel Purdy and Bob Hunter, Kitsap Public Utility District Bob Montgomery, Anchor QEA Burt Clothier, Pacific Groundwater Group Stacy Vynne McKinstry, Department of Ecology Thank you to the Committee members that participated in short-term, ad hoc workgroups. Thank you also to Tribal, city and county staff, Kitsap Public Health District, and USGS for providing resources and presentations throughout this process. 'David Nash, formerly with Kitsap County, is now deceased. 'No longer at entity. 'Withdrew from Committee. WRIA 15 — FINAL DRAFT PLAN February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Executive Summary In January 2018, the Washington State Legislature passed the Streamflow Restoration law (RCW 90.94) to help support robust, healthy, and sustainable salmon populations while ensuring rural communities have access to water. The law, as interpreted by the Department of Ecology (Ecology), directs Ecology to lead local planning Committees to develop Watershed Restoration and Enhancement Plans that identify projects to offset potential consumptive impacts of new permit -exempt domestic groundwater withdrawals on instream flows over the next 20 years (2018 — 2038) and provide a net ecological benefit to the watershed. While not all members of the WRIA 15 Watershed Restoration and Enhancement Committee agreed with Ecology's interpretations of the law, this Watershed Restoration and Enhancement Plan was written to meet the guidance and policy interpretations as provided by Ecology.Z Ecology established the Watershed Restoration and Enhancement Committee to collaborate with tribes, counties, cities, state agencies, and special interest groups in the Kitsap watershed, also known as Water Resource Inventory Area (WRIA) 15. The WRIA 15 Committee met for two and a half years to develop a watershed plan. To allow for meaningful analysis of the relationship between new consumptive use and offsets, the WRIA 15 Committee divided the watershed into seven subbasins. Subbasins help describe the location and timing of projected new consumptive water use, the location and timing of impacts to instream resources, and the necessary scope, scale, and anticipated benefits of projects. This watershed plan projects 5,568 permit exempt (PE) well connections over the 20-year planning horizon. If implemented as intended, the projects and policy recommendations in this watershed plan can offset the consumptive water use from those 5,568 PE well connections. The projected new consumptive water use associated with the new PE well connections is 766.4 acre-feet per year (1.06 cubic feet per second [cfs] or 684,150 gallons per day [gpd]) in WRIA 15, equal to 123 gpd per PE well connection. This watershed plan also sets an offset target of 1,218 acre-feet per year (equivalent to 177 gpd per connection) for project implementation in order to benefit streams. That target is based upon a consumptive use of 195 gpd per PE well connection which equals 1.68 cfs and 1.087 million gallons per day. This watershed plan includes projects that, if implemented as intended, provide an anticipated offset of 1,066.7 acre-feet per year to benefit streamflows and enhance the watershed. The WRIA 15 Committee set a goal of offsetting consumptive use estimates within each subbasin and agreed that offsets should be as close to impacts as feasible. This plan falls short of the WRIA 15 Committee's goal of meeting the offset need by subbasin (consumptive use is offset in 5 of 7 subbasins and the higher offset target is reached in 2 of 7 subbasins). 2 Some members of the WRIA 15 Committee have different interpretation of RCW 90.94.030. Signing statements and other documents provided in the Compendium provide more information on their interpretations. WRIA 15 — Final Draft Watershed Plan Page xi February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Table ES-1 presents a summary of the anticipated impacts and benefits by subbasin. Additional projects in the plan include benefits to fish and wildlife habitat, such as several thousand feet of streambed improvements, dozens of acres of restoration and protection, and many miles of riparian restoration across WRIA 15. Table ES-1: Consumptive Use and Project Benefits by Subbasin Subbasin Consumptive Higher Offset Offset Benefits Additional Benefits from Projects Use Estimate Target (acre from Projects (acre feet per feet per year) (acre feet per year) year) North Hood 90.3 136.5 264 Projects would provide direct Canal streamflow benefit, protection and restoration of habitat for fish critical streams. Over 1,600 feet of stream restoration are included along with over ten acres of habitat restoration. West 183.9 277.9 365 Projects would provide direct Sound streamflow benefit, protection and restoration of habitat for fish critical streams. Projects include over 2800 feet of stream restoration, riparian restoration, over 100 acres of land protection, and over 140 acres of habitat restoration. South Hood 155.0 223.4 131 Projects would provide direct Canal streamflow benefit, protection and restoration of habitat for fish critical streams. This subbasin includes projects that will repair up to three miles of riparian area. Bainbridge 67.6 102.2 68.2 Projects would provide direct Island streamflow benefit, protection and restoration of habitat for fish critical streams. Vashon- 50.7 72.9 56 Projects would provide direct Maury streamflow benefit, water rights Island and land acquisition. WRIA 15 — Final Draft Watershed Plan Page xii February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Subbasin Consumptive Higher Offset Offset Benefits Additional Benefits from Projects Use Estimate Target (acre from Projects (acre feet per feet per year) (acre feet per year) year) South 213.8 394.6 175.5 Projects would provide direct Sound streamflow benefit, protection and restoration of habitat for fish critical streams. Projects include up to nine miles of riparian restoration. South 5.2 11.1 7 Projects would provide direct Sound streamflow benefit, protection and Islands restoration of habitat for fish critical streams. Totals 766.4 1218.7 1066.7 To increase reasonable assurance of plan implementation and track progress, this watershed plan includes policy and regulatory recommendations and an adaptive management process. The 11 policy and regulatory recommendations are included to contribute to the goals of this watershed plan, including streamflow restoration and meeting net ecological benefit. These recommendations enhance water conservation efforts; improve research, monitoring, and data collection; support beaver habitat conservation; plan for better drought response; and finance plan implementation. The watershed plan describes an adaptive management approach, which identifies (1) an ongoing implementation group and lead organization to support watershed plan implementation, (2) a tracking and reporting structure to assess progress and adjust as needed, and (3) a funding mechanism to adaptively manage implementation. Adaptive management will be necessary to achieve the goal of meeting offset needs within each subbasin and improving streamflow where this watershed plan currently falls short, through the identification, development and implementation of projects throughout WRIA 15. WRIA 15 — Final Draft Watershed Plan Page xiii February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT MaA$ouoder4 r7 Rwmn ilon Land fuortn Hood tans) © 5Uhh9eln __�Gouq[X I- 839aaAe "l PP,iFv r iX4AFY RAC Pu nlr{Femfk Gc [+kxw ( d1 a37AFY + f28AJ-Y , ;k # Canaimi+r +o iMa ��Im.xb r Ortanl 9arw.7V �1JrF,5+.lr rx• OIo1�A a # rr7P'a.� OlTetlf Tsyef f C4"w4 ijernlgr S�oAa ar [crldl I— r—I , Prop m 5OC--oLf,I atnaf Eig Ma,mg"AgulfrrAmoherue NvrL'i "PO Canal, Suulh Mad Canal, first S4urms. BAII^&" If4nd. Vanhbh M&LPJV. 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Page xiv WRIA 15 — Final Draft Watershed Plan February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Chapter 1 — Plan Overview 1.1 WRIA 15 Watershed Plan Purpose and Structure The purpose of the Water Resource Inventory Area (WRIA) 15 Watershed Restoration and Enhancement Plan is to identify projects and actions intended to offset the impacts of new domestic permit -exempt (PE) wells to streamflows. The Watershed Restoration and Enhancement Plan is one requirement of RCW 90.94.030. Watershed Restoration and Enhancement Plans must identify projects to offset the projected consumptive impacts of new PE domestic groundwater withdrawals on instream flows over 20 years (2018-2038) and provide a net ecological benefit (NEB) to the WRIA. The WRIA 15 Watershed Restoration and Enhancement Plan (watershed plan) considers priorities for salmon recovery and watershed recovery, while ensuring it meets the intent of the law, as interpreted by Ecology.3 While not all members of the WRIA 15 Watershed Restoration and Enhancement Committee (Committee) agree with the Department of Ecology's (Ecology) interpretations of the law, this watershed plan was written to meet the guidance and policy interpretations as provided by Ecology. References to meeting the requirements of the law throughout this plan refer to Ecology's interpretation of the law and may not encompass the interpretations held by all members of the WRIA 15 Committee. Pumping from wells can reduce groundwater discharge to springs and streams by capturing water that would otherwise have discharged naturally, thereby reducing flows (Barlow and Leake 2012). Consumptive water use (the portion not returned to the aquifer) reduces streamflow, both seasonally and as average annual recharge. A well pumping from an aquifer connected to a surface water body can either reduce the quantity of water discharging to the river or increase the quantity of water leaking out of the river (Barlow and Leake 2012). While this watershed plan is narrow in scope and not intended to address all water uses or related issues within the watershed, it may provide a path forward for future water resource planning. [Language to be included when appropriate]: The Committee, by completing the watershed plan, has developed, and come to consensus on, a technically and politically complex issue in water resource management. That success will set the stage for improved coordination of water resources and overall watershed health in our WRIA. This watershed plan includes seven chapters: 1. Plan overview; 2. Overview of the watershed's hydrology, hydrogeology, and streamflow; s Some members of the WRIA 15 Committee have different interpretation of RCW 90.94.030. Signing statements and other documents provided in the Compendium provide more information on their interpretations. WRIA 15 — Final Draft Watershed Plan Page 1 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT 3. Summary of the subbasins; 4. Growth projections and consumptive use estimates; 5. Description of the recommended projects to offset the future PE domestic water use in WRIA 15 and meet NEB; 6. Explanation of recommended policy, monitoring, adaptive management, and implementation measures; and 7. Evaluation and consideration of the NEB. 1.1.1 Legal and Regulatory Background for the WRIA 15 Watershed Restoration and Enhancement Plan In January 2018, the Washington State Legislature passed Engrossed Substitute Senate Bill (ESSB) 6091 (session law 2018 c 1). This law was enacted in response to the State Supreme Court's 2016 decision in Whatcom County vs. Hirst, Futurewise, et al. (commonly referred to as the "Hirst decision"). As it relates to this Committee's work, the law, now primarily codified as RCW 90.94, clarifies how local governments can issue building permits or approve subdivisions for homes intending to use a PE well for their domestic water supply. The law also requires local watershed planning in fifteen WRIAs across the state, including WRIA 15.1 1.1.2 Domestic Permit -Exempt Wells This watershed plan, the law that calls for it, and the Hirst decision are all concerned with the effects of new domestic PE water use on streamflows. Several laws pertain to the management of groundwater PE wells in WRIA 15 and are summarized in brief here for the purpose of providing context for the WRIA 15 watershed plan. Washington State follows the doctrine of prior appropriation, which means that the first users have rights senior to those issued later. This doctrine is called "first in time, first in right." If a water shortage occurs, senior rights are satisfied first and junior rights are curtailed. Seniority is established by priority date — the original date a water right application was filed, or the date that water was first put to beneficial use in the case of claims and the groundwater permit exemption. Although groundwater PE uses do not require a water right permit, they are always subject to state water law. In some instances, Ecology has had to regulate PE water users when they interfere with older, "senior" water rights, including instream flow rules. More information is available on Ecology's website: https://ecology.wa.gov/Water-Shorelines/Water- supply/Water-availability. a ESSB 6091 includes the following: "ANACT Relating to ensuring that water is available to support development; amending RCW 19.27.097, 58.17.110, 90.03.247, and 90.03.290; adding a new section to chapter 36.70A RCW,- adding a new section to chapter 36.70 RCW,- adding a new chapter to Title 90 RCW,- creating a new section; providing an expiration date; and declaring an emergency. " (p. 1) WRIA 15 — Final Draft Watershed Plan Page 2 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT RCW 90.44.050, commonly referred to as "the Groundwater Permit Exemption," establishes that certain small withdrawals of groundwater are exempt from the state's water right permitting requirements, including small indoor and outdoor water use associated with homes. Although these withdrawals do not require a state water right permit, the water right is still legally established by the beneficial use. Even though a water right permit is not required for small domestic uses under RCW 90.44.050, there is still regulatory oversight, including from local jurisdictions. Specifically, in order for an applicant to receive a building permit from their local government for a new home, the applicant must satisfy the provisions of RCW 19.27.097 for what constitutes evidence of an adequate water supply. RCW 90.94.030 adds to the management regime for new homes using domestic PE well withdrawals in WRIA 15 and elsewhere. For example, local governments must, among other responsibilities relating to new PE domestic wells, collect a $500 fee for each building permit and record withdrawal restrictions on the title of the affected properties. Additionally, this law restricts new PE domestic withdrawals in WRIA 15 to a maximum annual average of up to 950 gallons per days (gpd) per connection, subject to the 5,000 gpd and %-acre outdoor irrigation of non-commercial lawn/garden limits established in RCW 90.44.050. Ecology has published its interpretation and implementation of RCW 19.27.097 and RCW 90.94 in Water Resources POL 2094 (Ecology 2019a). For additional information, readers can review those laws and policy for comprehensive details and agency interpretations. 1.1.3 Planning Requirements Under RCW 90.94.030 While supplementing the local building permit requirements, RCW 90.94.030(3) goes on to establish planning criteria for WRIA 15. In doing so, it sets the minimum standard of Ecology's collaboration with the WRIA 15 Committee in the preparation of this watershed plan. In practice, the process of plan development was one of broad integration, collectively shared work, and a striving for consensus described in the Committee's adopted operating principles, which are further discussed below. In addition to these procedural requirements, the law (and consequently, this watershed plan) is concerned with the identification of projects and actions intended to offset the anticipated impacts from new PE domestic groundwater withdrawals over the next 20 years and provide a NEB.' In establishing the primary purpose of this watershed plan, RCW 90.94.030 (3) also details both the required and recommended plan elements. Regarding the WRIA 15 Committee's approach to selecting projects and actions, the law also speaks to "high and lower priority projects." The Committee understands that, as provided in the Final Guidance on Determining Net Ecological Benefit (Ecology 2019b), "use of these terms is not the sole critical factor in determining whether a plan achieves a NEB... and that plan development should be 5 The planning horizon for achieving a NEB is the 20 year period beginning with January 19, 2018 and ending on January 18, 2038. The planning horizon only applies to determining which new consumptive water uses the plan must address under the law. The projects and actions required to offset the new uses must continue beyond the 20-year period and for as long as new well pumping continues. (Ecology 2019b; page 7) WRIA 15 — Final Draft Watershed Plan Page 3 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT focused on developing projects that provide the most benefits... regardless of how they align with [these] labels" (page 12). For WRIA 15, this watershed plan recognizes the goal of protecting water quantity as the primary component of habitat for fish populations and aquatic life. In order to provide a benefit to the greatest length of stream channel, the highest priority projects are those in that provide protection or restoration of headwater streamflows. 1.2 Requirements of the WRIA 15 Watershed Restoration and Enhancement Plan RCW 90.94.030 of the Streamflow Restoration law directs Ecology to establish a Watershed Restoration and Enhancement Committee in the Kitsap watershed and develop a watershed plan in collaboration with the WRIA 15 Committee. Ecology determined that the intent was best served through collective development of the watershed plan, using an open and transparent setting and process that builds on local needs. At a minimum, the watershed plan must include projects and actions necessary to offset projected consumptive impacts of new PE domestic groundwater withdrawals on streamflows and provide a NEB to the WRIA. Ecology issued the Streamflow Restoration Policy and Interpretive Statement (POL-2094) and Final Guidance on Determining Net Ecological Benefit (GUID-2094) in July 2019 to ensure consistency, conformity with state law, and transparency in implementing RCW 90.94. The Final Guidance on Determining Net Ecological Benefit (hereafter referred to as Final NEB Guidance) establishes Ecology's interpretation of the term "net ecological benefit." It also informs planning groups on the standards Ecology will apply when reviewing a watershed plan completed under RCW 90.94.020 or Streamflow Restoration law RCW 90.94.030(3) (b) At a minimum, the plan must include those actions that the committee determines to be necessary to offset potential impacts to instream flows associated with permit -exempt domestic water use. The highest priority recommendations must include replacing the quantity of consumptive water use during the same time as the impact and in the same basin or tributary. Lower priority projects include projects not in the same basin or tributary and projects that replace consumptive water supply impacts only during critical flow periods. The plan may include projects that protect or improve instream resources without replacing the consumptive quantity of water where such projects are in addition to those actions that the committee determines to be necessary to offset potential consumptive impacts to instream flows associated with permit -exempt domestic water use. (c) Prior to adoption of the watershed restoration and enhancement plan, the department must determine that actions identified in the plan, after accounting for new projected uses of water over the subsequent twenty years, will result in a net ecological benefit to instream resources within the water resource inventory area. (d) The watershed restoration and enhancement plan must include an evaluation or estimation of the cost of offsetting new domestic water uses over the subsequent twenty years, including withdrawals exempt from permitting under RCW 90.44.050. (e) The watershed restoration and enhancement plan must include estimates of the cumulative consumptive water use impacts over the subsequent twenty years, including withdrawals exempt from permitting under RCW 90.44.050. WRIA 15 — Final Draft Watershed Plan Page 4 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT RCW 90.94.030. The minimum planning requirements described by Ecology in the Final NEB Guidance include the following (pages 7-8): 1. Clear and Systemic Logic. Watershed plans must be prepared with implementation in mind. 2. Delineate Subbasins. [The Committee] must divide the WRIA into suitably sized subbasins to allow meaningful analysis of the relationship between new consumptive use and offsets. 3. Estimate New Consumptive Water Uses. Watershed plans must include a new consumptive water use estimate for each subbasin and the technical basis for such estimate. 4. Evaluate Impacts from New Consumptive Water Use. Watershed plans must consider both the estimated quantity of new consumptive water use from new domestic PE wells initiated within the planning horizon and how those impacts will be distributed. 5. Describe and Evaluate Projects and Actions for Their Offset Potential. At a minimum, watershed plans must identify projects and actions intended to offset impacts associated with new consumptive water use. Offset benefits must continue as long as the anticipated consumptive use impacts, which are assumed to be in perpetuity. The WRIA 15 Committee prepared the WRIA 15 watershed plan with the intent that the plan, including all projects, is fully implemented. The law requires that all members of the Committee approve the plan prior to submission to Ecology for review. Ecology must then determine that the plan's recommended streamflow restoration projects and actions will result in a NEB to instream resources within the WRIA after accounting for projected use of new PE domestic wells over the 20-year period of 2018-2038. RCW 90.94.030 (6). This section [90.94.030] only applies to new domestic groundwater withdrawals exempt from permitting under RCW 90.44.u50 in the following water resource inventory areas with instream flow rules adopted under chapters and u.54 RCW that do not explicitly regulate PE groundwater withdrawals: 7 (Snohomish); 8 (Cedar-Sammamish); 9 (Duwamish-Green); 10 (Puyallup -White); 12 (Chambers -Clover); 13 (Deschutes); 14 (Kennedy Goldsborough); and 15 (Kitsap) and does not restrict the withdrawal of groundwater for other uses that are exempt from permitting under RCW J.44.050. U Uverview of the WRIA 15 Committee 1.3.1 Formation The Streamflow Restoration law instructed Ecology to chair the WRIA 15 Committee, and invite representatives from the following entities in the watershed to participate in the development of the watershed plan: WRIA 15 — Final Draft Watershed Plan Page 5 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT • Each federally recognized tribal government with reservation land or usual and accustomed harvest area within the WRIA. • Each county government within the WRIA. • Each city government within the WRIA. • Washington State Department of Fish and Wildlife. • The largest publicly owned water purveyor providing water within the WRIA that is not a municipality. • The largest irrigation district within the WRIA. Ecology sent invitation letters to each of the entities named in the law in September of 2018. Note that WRIA 15 does not have an irrigation district. The law also required Ecology to invite local organizations representing agricultural interests, environmental interests, and the residential construction industry. Businesses, environmental groups, agricultural organizations, conservation districts, and local governments nominated interest group representatives. Local governments on the WRIA 15 Committee voted on the nominees in order to select local organizations to represent agricultural interests, environmental interests, and the residential construction industry. Ecology invited the selected entities to participate on the Committee. Committee members are listed in Table 1. This list includes all of the members identified by the Legislature that agreed to participate on the WRIA 15 Committee.6 Table 1: WRIA 15 Committee Participating Entities Entity Name Representing Kitsap County County government King County County government Mason County County government Pierce County County government Puyallup Tribe Tribal government Skokomish Tribe Tribal government Squaxin Island Tribe Tribal government Suquamish Tribe Tribal government Port Gamble S'Klallam Tribe Tribal government 6 All participating entities committed to participate in the process and designated representatives and alternates to sit on the WRIA 15 Committee. A roster with the names of the representatives is available in Appendix A. The City of Poulsbo originally participated in the process but withdrew from the Committee in October 2020. WRIA 15 — Final Draft Watershed Plan Page 6 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT Entity Name Representing City of Port Orchard City government City of Bremerton City government City of Gig Harbor City government City of Bainbridge Island City government Kitsap Public Utility District Water utility Department of Fish and Wildlife State agency Department of Ecology State agency Kitsap Building Association Residential construction industry Kitsap Conservation District Agricultural interest group Great Peninsula Conservancy Environmental interest group Mason-Kitsap Farm Bureau - ex officio Self Washington Water Service - ex off icio Self The WRIA 15 Committee invited the Mason-Kitsap Farm Bureau and the Washington Water Service to participate as "ex-officio" members. Although not identified in the law, the ex-officio members provide valuable information and perspective as subject matter experts. The ex- officio members are active but non -voting participants of the WRIA 15 Committee. The law does not identify a role for the Committee following development of the watershed plan. 1.3.2 Committee Structure and Decision Making The WRIA 15 Committee held its first meeting in October 2018. Between October 2018 and January 2021, the WRIA 15 Committee held 28 Committee meetings.' All Committee and workgroup meetings were open to the public. The WRIA 15 Committee met monthly and as needed to meet deadlines. From March 2020 through April 2021, the Committee met virtually due to the global pandemic. The two and a half years of planning consisted of training, research, and developing watershed plan components. Ecology technical staff, WRIA 15 Committee members, and partners presented on topics to provide context for components of the plan, such as an overview of WRIA 15 hydrogeology, water law, tribal treaty rights, salmon recovery, and local planning processes. Ecology staff chaired the WRIA 15 Committee and provided administrative support and technical assistance. Ecology contracted with consultants to provide facilitation and technical support for the Committee. The facilitator supported the Committee's discussions and decision - making and coordinated recommendations for policy change and adaptive management. The technical consultants developed products that informed Committee decisions and development ' This includes regular Committee meetings and special Committee meetings where most representatives attended. This does not include project workgroup, technical workgroup, or one-time workgroup meetings. WRIA 15 — Final Draft Watershed Plan Page 7 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT of the plan. Examples include working with counties on growth projections, calculating consumptive use using multiple methods, preparing maps and other tools to support decisions, and researching project ideas. The technical consultants brought a range of expertise to the Committee including hydrogeology, geographic information system (GIS) analysis, fish biology, engineering, and planning. The technical consultants developed the technical memorandums referenced throughout this watershed plan. The WRIA 15 Committee established two workgroups to support planning efforts and to achieve specific tasks: • The Technical Workgroup focused on preparing recommendations for PE well projections and consumptive use estimates. • The Project Workgroup focused on developing and reviewing projects within the Committee's project inventory (additional workgroups that met only one time covered topics such as beaver management, policies, and adaptive management). The workgroups were open to all WRIA 15 Committee members as well as non -Committee members that brought capacity or expertise not available on the Committee. The workgroups made no binding decisions but presented information to the Committee as either recommendations or findings. The Committee acted on workgroup recommendations, as deemed appropriate. During the initial WRIA 15 Committee meetings, members developed and agreed to operating principles.$ The operating principles established a process for meetings, participation expectations, procedures for voting, structure of the Committee, communication, and other needs in order to support the Committee in reaching consensus on a final plan. By statutory design, this planning process brought a diversity of perspectives to the table. Therefore, it was important for the Committee to identify a clear decision -making process. The WRIA 15 Committee strived for consensus, and when consensus could not be reached, the chair and facilitator documented the Committee members' positions. The Committee strived for consensus because the authorizing legislation requires that all members of the Committee approve the final watershed plan prior to Ecology's review (RCW 90.94.030[31 "...all members of a Watershed Restoration and Enhancement Committee must approve the plan prior to adoption"). Therefore, consensus on the foundational decisions during plan development served as the best indicators of the Committee's progress toward an approved plan. All consensus and dissenting opinions were documented in meeting summaries that were reviewed and agreed upon by the Committee. The Committee recognized that flexibility was needed in terms of timeline, and if a compromise failed to reach consensus within the identified timeline, the Committee agreed to allow the process for developing the plan to move s Complete operating principles can be found on the WRIA 15 Committee EZ View webpage and in Appendix B: https://www.ezview.wa.j4ov/site/alias 1962/37327/watershed_ restoration_ and _enhancement _-_wria_15.aspx WRIA 15 — Final Draft Watershed Plan Page 8 February 2021 WRIA 15 WATERSHED PLAN — FINAL DRAFT forward while the work towards consensus continued. The Committee agreed to revisit decisions where consensus was not reached. The Committee reviewed components of the watershed plan iteratively throughout the process in addition to reviewing the draft plan as a whole. [Language to be included when appropriate]: The WRIA 15 Committee reached final approval on the Watershed Restoration and Enhancement Plan on THIS DATE 2021. WRIA 15 — Final Draft Watershed Plan Page 9 February 2021