Message from the President
Mike Berriochoa
April 8, 2009
Dear CPCOA members:
When you receive your new permit from the Forest Service you will note some wording changes giving the Forest Service the rights to your water under certain circumstances. I recently wrote to Kelsey Collins of the Washington State Department of Ecology who has been working to secure water for us to ask her if her department was aware of this new language and whether the Forest Service has the authority. She informed me that her department has, indeed, reviewed this issue and prepared the following statement:
Ecology has received many requests for information regarding the Forest Service's Interim Directive regarding water rights. This situation may resemble annexation to a City. The city may adopt an ordinance requiring all water rights associated with the land to be transferred to the City as a condition of service.
Under state law, a water right is appurtenant to the land, but may be transferred to others (e.g. RCW 90.03.380). Ecology views their responsibility as ensuring that permitting actions are done by the water right owner or with their consent.
It’s likely the Forest Service is interested in ensuring that structures on their land have a reliable water supply in the future. Ecology has been working with the Forest Service to address water users that are not currently in compliance. We recognize the concern of individuals that have devoted substantial time and funds to acquiring a water right. Whether the Forest Service's condition of service in this regard is legal or appropriate is not an issue that Ecology can speak to.
Should you have questions you may contact Kelsey directly:
Kelsey Sinclair Collins
509-575-2640
Department of Ecology Water Resources, Yakima Office
When you receive your permit be sure to read it carefully as it contains a lot of new language and many of the provisions have changed. Also be aware that at least some of the permits contain errors in the amount of the assessment. Several of us received our permits with the annual fee included, only to be informed later that the stated fee was to be ignored because errors were discovered. We were informed that a corrected figure would be provided and we are still waiting for the new figure.
Mike Berriochoa, President
Chinook Pass Cabin Owners Association