Icicle Creek, a tributary to the Wenatchee River near Leavenworth, is increasingly facing the consequences of private water rights granted a century ago. They, combined with the local area’s continued growth and the impact of climate change, pose a heavy burden on the Icicle watershed’s natural water systems. The question is how to best provide for the water needs of local communities and agriculture, without degrading the natural systems from which they come.
To address this issue, the Chelan County Department of Natural Resources, in coordination with various stakeholders, developed the Icicle Creek Water Management Strategy (IWMS) and established the Icicle Working Group (IWG) to implement it. The strategy’s goal is to secure adequate future water supplies to meet long-term agricultural and community demands while assuring adequate instream flows in Icicle Creek for the benefit of fish and other wildlife.
In May 2016, along with 39 other environmental and recreational organizations, NCWAS cosigned an Icicle SEPA Scoping Comments letter (click here to read it). Important issues addressed included the protection of lakes in the Alpine Lakes Wilderness (ALW), relinquishment of expired water rights, and stronger water conservation measures.
In May 2018, Chelan County released its Draft Programmatic EIS for the project. After reviewing it, we submitted a letter detailing our concerns with the document (click here to read it) and, along with numerous other environmental organizations, cosigned 2 additional comment letters regarding it.
Plans for rebuilding the dam at Eightmile Lake, which washed out many years ago, are of particular concern to us. One of the environmental community’s primary concerns has been how its reconstruction will be conducted. As a result of extensive objections, a proposal to punch a road through the ALW to access the dam has been abandoned. The plan now is to transport supplies to the site by helicopter.
Another critical issue regards the question of how much water the Icicle Peshastin Irrigation District (IPID) has the right to draw from Eightmile Lake annually. While it was originally granted a water right of 2,500 acre-feet, arguably it has never taken more than 1,400. Under Washington State law, water rights not exercised are forfeited. As a result, we contend that this is the maximum it should be allowed to withdraw going forward. The IPID admits that it only needs 1,400 acre-feet for irrigation purposes.
The Department of Ecology conducted a State EIS over the past several years, resulting in a decision to replace the Eightmile Lake dam. It rejected claims that the IPID had relinquished part of its water rights, and selected a dam design that would restore the reservoir to the level it was before the dam was damaged. However, it would also allow the IPID to draw the water level down lower than it has ever been before.
Numerous environmental organizations that initially participated in the IWG process dropped out because they did feel that their expressed concerns were having any effect. NCWAS never joined the IWG for the same reason.
IPID still must obtain a special use permit from the U.S. Forest Service before it can rebuild the dam. Because its proposed drawdown of the lake would expand its grandfathered rights, that may violate the Wilderness Act. The IPID has not yet applied for a permit, which probably will trigger an EIS process under federal law.
In summary, the IPID has legal, but limited, water rights to Eightmile and 6 other lakes in the ALW. We believe that determining the best way to accommodate its legitimate water rights, while protecting the Icicle watershed’s natural water systems and the wilderness character of the area, is in the best interest of the region, its people, and its economy.
We continue to follow the IWMS process, and going forward will act as needs or opportunities arise. We’ll update this space as development occurs.