December 18, 2006 Section 2 DWUA Facilities and Operations The purpose of this section is to describe irrigation facilities and operations that are relevant to implementation of this CIDMP and to identify the activities that were proposed for coverage under the ESA Section 10 ITPs. 2.1 Covered Activities for Purposes of HCP For purposes of the Habitat Conservation Plan (HCP), Covered Activities are irrigation management activities undertaken by DWUA, its member organizations, (irrigation districts and companies), and individuals comprising such member organizations, on Covered Lands. Such Covered Activities include following: water diversion and conveyance1; (for further information, see Sections 2.2.3, 2.2.4, and 2.2.7; operation and maintenance of diversion facilities such as diversion intakes, intake channels, headgates, fish screens, and bypass channels (for further information, see Sections 2.2.4, 2.3 and 2.4); operation and maintenance of canals and laterals (for further information, see Sections 2.2.4, 2.3, and 2.4); discharge of tailwater and operation of discharge facilities (including both irrigation water and intercepted stormwater) (for further information, see Section 2.2.5); releases of intercepted stormwater into selected creeks at points other than tailwater discharge points when stormwater flows exceed ditch capacity (for further information, see Section 2.2.6); and, construction activities related to capital projects listed in the 1999 Comprehensive Water Conservation Plan (for further information, see Section 6.1.1). all Habitat Conservation Measures included in Table 6-1, which includes: HCM-1 Reduce diversions from Dungeness River per Tables 6-3 to 6-10. This will be done mainly through pipelining and other actions in the DWUA Water Conservation Plan. Additional actions such as water leasing, voluntary reductions in usage and/or construction of storage capacity can also be used to reduce diversions for purposes of CM-1. HCM-2 Modify headgate on Agnew District’s diversion facilities on the Dungeness River. HCM-3 Modify culvert on Sequim-Prairie Tri-Irrigation Company’s Independent canal bypass channel associated with diversion facilities on Dungeness River. 1 Water is conveyed primarily in irrigation canals. Portions of several natural creeks are also used to convey irrigation water. CIDMP - Section 2 – DWUA Facilities and Operations 2-1 Dungeness River Agricultural Water Users Association AgnewIrrDist\2-02-439\CIDMP\Section2a.doc December 18, 2006 HCM-4 Modify headgate on Highland District’s diversion facilities on the Dungeness River. HCM-5 Improve McDonnell Creek downstream fish passage by realigning fish bypass pipeline. 2 HCM-6 Inspect McDonnell Creek fish ladder daily and remove debris. HCM-7 Carry out Yakima Screen Shop Recommendations for diversion facilities from the 2001 report. HCM-8 Establish new agency notification and redd protection procedures related to working in-water. HCM-9 Steam clean or pressure wash all heavy equipment before entering the Dungeness River. Also perform visual inspection to verify no major fluid leaks are present. (Same as WQ-2) HCM-10 Establish a 100-foot buffer away from waters for fueling heavy equipment, mowers, etc. (Same as WQ-3) HCM-11 Create a formal spill response plan, including requiring spill containment equipment under certain conditions. (Same as WQ-4). HCM-12 Continue to contract with WDFW for fish screen maintenance to ensure proper maintenance. HCM-13 The DWUA will not intentionally dewater intake and bypass channels. The DWUA also utilizes herbicides for ditch maintenance as described in Section 2.4. The DWUA did not seek herbicide coverage by NOAA Fisheries or USFWS since they have communicated they are unable to provide coverage for herbicide use at this time. Coverage from the federal Services for herbicide use may be sought in the future. Covered Activities under this CIDMP do not include the (1) water diversions by individuals where such diversions do not emanate from DWUA member organizations, and (2) other non- irrigation actions of member organizations or individual landowners that are not specifically listed above. For example, application of fertilizers and pesticides to farm fields and agricultural practices (e.g., tilling, planting, grazing) conducted on farm fields do not constitute Covered Actions. The remainder of this section consists of more detailed descriptions of the covered activities, as currently conducted by the DWUA. These descriptions are for informational purposes only, and are not intended to limit interpretation of the types of activities, particularly in regard to new practices that may be developed over the term of agreements developed to implement this CIDMP. CIDMP - Section 2 – DWUA Facilities and Operations 2-2 Dungeness River Agricultural Water Users Association AgnewIrrDist\2-02-439\CIDMP\Section2a.doc December 18, 2006 2.2 Water Supply and Water Use 2.2.1 Water Rights The Water Right Permits and Certificates held by the Water Users Association (DWUA) members were researched by Montgomery Water Group in preparing the Comprehensive Water Conservation Plan (MWG 1997). Table 2-1 lists the known permits and certificates held by the DWUA members. The total water rights listed for diversion from the Dungeness River are 518.16 cfs to serve 25,908 acres. Water rights for three other points of withdrawal are also held which add up to 22 cfs to serve 1,100 acres. The conditions on water rights for the Dungeness River have been modified by a Trust Water Rights agreement signed by Ecology and DWUA members in 1998 (see Section 2.2.2). Table 2-1 Water Rights Permits and Certificates(d) WRIS Priority Ditch Purpose of Qi Period Number(a) Location Date Source Outtakes Use(b) (cfs) Acres of Use Sequim Prairie Ditch Company (now merged into Sequim-Prairie Tri-Irrigation Company) S2-17220-J T30N,R4W,S26 Nov. 1895 Dungeness R. Sequim IR,DG,ST 20.0 1,000 4/15-9/15 G2-00121-C T30N,R4W,S24 Feb. 1946 Well -- IR 7.0 350 Unknown(c) Eureka Irrigation Company (now merged into Sequim-Prairie Tri-Irrigation Company) S2-17211-J T29N,R4W,S12 Jan. 1897 Dungeness R. Highland IR,DG,ST 23.08 1,154 4/15-9/15 Clallam Ditch Company S2-17224-J T30N,R4W,S26 1902 Dungeness R.CCD(d) IR,DG,ST 60.0 3,000 4/15-9/15 Independent Irrigation Company (now merged into Sequim-Prairie Tri-Irrigation Company) S2-17232-J T30N,R4W,S35 1906 Dungeness R.Independent IR,DG,ST 40.0 2,000 4/15-9/15 Dungeness Irrigation Company S2-17234-J T30N,R4W,S26 1911 Dungeness R. CCD IR,DG,ST 70.94 3,547 4/15-9/15 Highland Irrigation District S2-17235-J T29N,R4W,S12 1915 Dungeness R. Highland IR,DG,ST 70.14 3,507 4/15-9/15 Agnew Irrigation District (formerly MaCleary-Lindsay Irrigation Company)(e) S2-01341-J T30N,R4W,S19 Jun. 1925 McDonald Cr. Agnew IR 5.0 250 Unknown(c) S2-17237-J T29N,R4W,S12 Oct. 1918 Dungeness R. Agnew IR,DG,ST 146.0 7,300 4/15-9/15 Cline Irrigation District S2-17238-J T30N,R4W,S26 Jul. 1919 Dungeness R. CCD IR,DG,ST 46.0 2,300 4/15-9/15 Dungeness Irrigation District S2-17239-J T30N,R4W,S26 Mar. 1921 Dungeness R. Sequim Prairie IR,DG,ST 42.0 2,100 4/15-9/15 S2-03592-C T30N,R4W,S12 Jan. 1932 Hurd Cr. -- IR 10.0 500 Unknown(c) Total Dungeness -- -- -- -- 518.16 25,908 -- Other -- -- -- -- 22.0 1,100 -- TOTAL 540.16 27,008 -- (a) Last character indicates status: J – adjudicated right; C – certificate (b) Purpose of Use: IR – irrigation; DG – domestic general; DS – domestic single; ST – stock watering. (c) The period of use is not stated in the water rights documents. However, it is assumed to be 4/15 – 9/15, similar to the other water rights (d) As discussed in Section 2.1.1, the water rights have been modified by the Trust Water Rights Agreement. CIDMP - Section 2 – DWUA Facilities and Operations 2-3 Dungeness River Agricultural Water Users Association AgnewIrrDist\2-02-439\CIDMP\Section2a.doc December 18, 2006 2.2.2 Memorandum of Understanding on Trust Water Rights The DWUA and Ecology entered into a Memorandum of Understanding (MOU) in April 1998, addressing transfer of water to the Trust Water Rights Program under the provisions of Chapter 90.42 RCW. The MOU addresses only the mainstem adjudicated rights, not water rights on the smaller streams. A copy of the MOU is included in Appendix A. The MOU creates a temporary trust water right, and provides a process to create permanent trust water rights for future irrigation and instream flows. The MOU also formalizes the DWUA’s commitment to use or divert no more than 50% of the flow of the Dungeness River as measured at the USGS gage at RM 11.8. The parties to the agreement include the DWUA and its individual members (districts and companies) and Ecology. There is no time limit on the agreement. However, there are provisions allowing for issuance of permanent certificates, as well as for parties to the agreement to convene a review of the agreement if needed. If a change to the agreement occurs, no changes to habitat conservation measures described in this Plan would likely result. The following list includes selected provisions of the MOU: A quantity of 4,700 acre-feet per year will be reserved as a temporary trust water right, based on water conservation savings from 1990 to 1993. This temporary trust water right will be distributed 1/3 to uses by DWUA members, and 2/3 to instream flows. [Note: thus, the 1/3 quantity could potentially be diverted again in the future for irrigation purposes.] Additional water can be placed in the trust water rights program.