CELP 2005CELP 2005CELP 2005CELP 2005 Accomplishments
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CELP 2005 Annual Report Accomplishments Accomplishments Accomplishments Accomplishments Accomplishments LEVELING THE PAYING FIELD FOR PROSPECTIVE WA- TER USERS: In February 2005, CELP published a criti- cal report, Water is Worth It, which resulted in legisla- tion that increased application fees for Washington wa- ter rights from $10 to $50, and substantially raised other fees relating to processing water rights. In the report, CELP made the case for requiring individual water right holders (who pay only an application fee and nothing for the water they later use) to pay a greater portion of the true cost of water management in the state. These fee increases, the first significant changes to the fee struc- ture since 1917, are an important step toward both en- couraging water conservation and funding an effective state water management program. KEEPING WATCH OVER WASHINGTON WATER RIGHTS: In addition to reviewing more than 1,200 water right decisions permitting uses of public water, CELP in 2005 also vigilantly scrutinized over 100 applications for emer- gency drought permits to make sure that each one dem- onstrated a situation meriting this emergency remedy. CELP influenced state decisions on a number of dubi- ous applications, leading the agency to reject ones fail- ing to meet basic legal requirements. COLUMBIA RIVER ADVOCACY IN THE COURTS: CELP submitted an Amicus Curiae (friend of the court) brief in support of Tribes and the Pollution Control Hear- ings Board in a case argued before the Washington Court of Appeals in early 2005. The case challenged a Colum- bia River water allocation decision which illegally ig- nored the advice of fish experts and Native American Tribes. The appellate court in March2005 affirmed the PCHB’s revocation of the water permits—making this a win for the river, and the Yakima, Nez Perce, and Umatilla Tribes. The Washington Supreme Court has since denied the losing parties’ petition for review, rein- forcing the Court of Appeals decision as binding law. FIGHTING ILLEGAL WATER USE: Keeping in line with its objective to prevent illegal water use in Washington, CELP aided the Trumpeter Swan Society in its fight to protect a restored marsh habitat that is critical for mi- grating swans. In 2003, rare migrating swans returned to Washington’s Pacific Coast for the first time in 40 years, thanks to habitat restoration efforts in Hines Marsh on the Long Beach Peninsula at Leadbetter Point. When water levels in the marsh declined dramatically, the Swan Society turned to CELP to help it pressure Ecology to investigate illegal water use by a neighboring landowner. Among other infractions, the neighbor had created and filled a man-made lake and was irrigating many acres of lawn and horse pasture—all without a water right. As a result of CELP’s intervention, a state investigation, as well as an enforcement action, are currently underway regarding these unauthorized water uses. WATCHING WATER USE DURING THE 2005 DROUGHT: CELP was honored to be the only envi- ronmental group asked to sit on the Se- attle Water Shortage Advi- sory Commit- tee, which was formed in March 2005 to address antici- pated water shortage condi- tions that resulted from the 2005 drought. In addition, CELP reviewed, monitored, and commented on special drought permit applications for emergency water rights. CELP: taking action to leave a legacy of clean, flowing water in Washington’s rivers and streams Accomplishments Accomplishments Accomplishments Accomplishments Accomplishments CELP 2005 CELP 2005 CELP 2005 CELP 2005 CELP 2005 CELP 2005 CELP 2005 CELP 2005 CELP 2005 CELP 2005
Transcript of CELP 2005CELP 2005CELP 2005CELP 2005 Accomplishments
CELP 2005Annual Report
AccomplishmentsAccomplishmentsAccomplishmentsAccomplishmentsAccomplishments� LEVELING THE PAYING FIELD FOR PROSPECTIVE WA-TER USERS: In February 2005, CELP published a criti-cal report, Water is Worth It, which resulted in legisla-tion that increased application fees for Washington wa-ter rights from $10 to $50, and substantially raised otherfees relating to processing water rights. In the report,CELP made the case for requiring individual water rightholders (who pay only an application fee and nothingfor the water they later use) to pay a greater portion ofthe true cost of water management in the state. Thesefee increases, the first significant changes to the fee struc-ture since 1917, are an important step toward both en-couraging water conservation and funding an effectivestate water management program.
� KEEPING WATCH OVER WASHINGTON WATER RIGHTS:In addition to reviewing more than 1,200 water rightdecisions permitting uses of public water, CELP in 2005also vigilantly scrutinized over 100 applications for emer-gency drought permits to make sure that each one dem-onstrated a situation meriting this emergency remedy.CELP influenced state decisions on a number of dubi-ous applications, leading the agency to reject ones fail-ing to meet basic legal requirements.
� COLUMBIA RIVER ADVOCACY IN THE COURTS: CELPsubmitted an Amicus Curiae (friend of the court) briefin support of Tribes and the Pollution Control Hear-ings Board in a case argued before the Washington Courtof Appeals in early 2005. The case challenged a Colum-bia River water allocation decision which illegally ig-nored the advice of fish experts and Native AmericanTribes. The appellate court in March2005 affirmed thePCHB’s revocation of the water permits—making thisa win for the river, and the Yakima, Nez Perce, andUmatilla Tribes. The Washington Supreme Court has
since denied the losing parties’ petition for review, rein-forcing the Court of Appeals decision as binding law.
� FIGHTING ILLEGAL WATER USE: Keeping in line withits objective to prevent illegal water use in Washington,CELP aided the Trumpeter Swan Society in its fight toprotect a restored marsh habitat that is critical for mi-grating swans. In 2003, rare migrating swans returnedto Washington’s Pacific Coast for the first time in 40years, thanks to habitat restoration efforts in Hines Marshon the Long Beach Peninsula at Leadbetter Point. Whenwater levels in the marsh declined dramatically, the SwanSociety turned to CELP to help it pressure Ecology toinvestigate illegal water use by a neighboring landowner.Among other infractions, the neighbor had created andfilled a man-made lake and was irrigating many acres oflawn and horse pasture—all without a water right. As aresult of CELP’s intervention, a state investigation, aswell as an enforcement action, are currently underwayregarding these unauthorized water uses.
� WATCHING WATER USE DURING THE 2005 DROUGHT:CELP washonored to bethe only envi-r o n m e n t a lgroup asked tosit on the Se-attle WaterShortage Advi-sory Commit-tee, which wasformed inMarch 2005 toaddress antici-pated watershortage condi-tions that resulted from the 2005 drought. In addition,CELP reviewed, monitored, and commented on specialdrought permit applications for emergency water rights.
CELP: taking action to leave a legacy of clean, flowing water in Washington’s rivers and streams
AccomplishmentsAccomplishmentsAccomplishmentsAccomplishmentsAccomplishmentsCELP 2005CELP 2005CELP 2005CELP 2005CELP 2005CELP 2005CELP 2005CELP 2005CELP 2005CELP 2005
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� PARTNERING WITH ECOLOGY TO IMPROVE WATER
DECISIONS: CELP took a proactive approach to addressshortcomings in the way Ecology documents its waterpermitting decisions, and offered examples of how theagency could improve its decision documents to resolvethis problem. At the invitation of Ecology managers,CELP staff traveled to each Ecology regional office andled training sessions on how to improve water rightdocumentation. Ecology has since incorporated manyof CELP’s suggestions into its own training and policymaterials, and has also pub-lished several new policies andprocedures, including onelong-advocated by CELP totighten the way Ecologyhandles requests for waterright permit extensions.
� PARTICIPATING IN LOCAL
WATERSHED PLANNING PRO-CESSES: CELP continued totake an active role in watershedplanning efforts throughoutthe state both by participatingin the planning process in vari-ous watersheds and by lend-ing its expertise to local groups involved in the process.Among other things, participants in these planning ef-forts strive to determine whether (and how much) wa-ter will be protected in streams, as well as whether (andhow) low flows will be addressed in the watershed.CELP’s input has made a positive difference for flowprotection and water resource management in watershedplanning processess statewide, including those in theQuilcene-Snow, Elwha-Dungeness, Nooksack,
Wenatchee, Walla Walla, and others.
� INFLUENCING WATER CONSERVATION RULEMAKING:CELP continued to serve as a representative of the envi-ronmental community on a committee convened by theDepartment of Health to help develop statewide water
CENTER FOR ENVIRONMENTAL LAW & POLICY
2005 ANNUAL REPORT
CELP’s 2005 Accomplishments (continued) requiring public water suppliers to adopt and imple-ment water conservation plans. During 2005, the statecontinued to move forward in this rulemaking process,and CELP remained an active participant, advocatingfor stringent conservation requirements. CELP hasstood by its position that water suppliers have a respon-sibility as stewards of the state’s water resources to useour water sustainably and without wasting it in orderto protect our rivers and streams.
� SUPPORTING STATE AUTHORITY UNDER THE CLEAN
WATER ACT: In 2005, CELP joined with NationalWildlife Federation and 50 other environmental groups
to submit an AmicusCuriae brief to the U.S.Supreme Court in a casechallenging state author-ity under the Clean Wa-ter Act. A company op-erating hydroelectricdams had asked the Su-preme Court to rule thatstates have no authorityunder the Clean WaterAct to place environ-mental conditions ondam operators, arguingthat “the mere flow of a
river” through existing dams does not constitute a “dis-charge.” In May 2006, the U.S. Supreme Court agreedunanimously with CELP’s amicus position and upheldthe authority of individual states to impose river-pro-tective conditions on dam operators under Section 401of the Clean Water Act.
CELP’s Mission: Because fresh wateris vital to our quality of life, CELPtakes action to leave a legacy of clean,flowing water in Washington’s riversand streams for use and enjoyment byall. We defend, develop, and advocatefor ecologically and socially respon-sible water laws and policies throughcollaboration, education, governmentoversight, research, and litigation.
CELP: taking action to leave a legacy of clean, flowing water in Washington’s rivers and streams
conservation rules. In 2003, Washington’s legislatureadopted a law mandating that the state develop rules
CELP would like to extend a special note ofthanks to the following individuals and businessesfor their tremendous gifts of professional servicesand resources!Kevin Almeida, Netkal.netBainbridge Island WineryBlue Skies FishingJacki Bricker & Ron CritchfieldEmerald Waters AnglersDr. Julie Ann Gustanski, ResourceDimensionsJohnson Flora, PLLCMaggie GlowackiGreenLawThe Jackson Sundown BandPaul Kampmeier, Attorney at LawKevin Klingbeil, Attorney at LawG. LoomisDr. Joel MassmanMicrosoftOdwallaRachael Paschal Osborn, Attorneyat Law
Administrative $25,357Fundraising $16,141Litigation $12,005Policy Work $70,839Watchdog Work $21,921Outreach $38,145Legislative $3,798
Total: $188,201
Foundations $92,200Individual Contributions $61,105Corporate Gifts $2,929Earned Income $3,550Interest Income $784
Total: $160,568*
2005 Financial InformationINCOME EXPENSES
Policy Work38%
Foundations58%
Interest Income0%
CorporateGifts2%
EarnedIncome
2%
WatchdogWork12%
Outreach20%
Legislative2%
Administrative13% Fundraising
9%
Litigation6%
CENTER FOR ENVIRONMENTAL LAW & POLICY
2005 ANNUAL REPORT
CELP 2005 Board of DirectorsBarry Goldstein, President*Michael Harrison, Vice President*Barbara Floyd, Treasurer*Tom Fox, Secretary*Melissa Sparks AriasDianne D’AlessandroJoan FoleyCreighton GoeppeleKyle KovalikNancy RustWayne Ohlrich*Roger van GelderSims WeymullerFrancis C. Wood* Officers and directors elected or re-elected at the November
2005 annual meeting.
CELP 2005 StaffKaren Allston, Executive Director
Shirley Waters Nixon, Staff Attorney
Barbara Doat, Bookkeeper
Legal Interns: Sherry Bosse, Sean Johnson
Policy Interns: Meredith Swinehart, Laura Fletcher
IndividualContributions
38%
CELP: taking action to leave a legacy of clean, flowing water in Washington’s rivers and streams
Pat OshieRebecca Phelps, Attorney atLawPacific Natural SalesJanet NazyRobert Nixon, FAIARed’s Fly ShopThe River NetworkThe Saving Water PartnershipSageCarrie SalterSee’s CandiesThompson PrintingT’Ville Swing BandAudrey WatsonYakima River Fly Shop
* Expenses in excess of revenue paid for from prior year carryover.
We would like to sincerely thank all of our members and donors for your support. With your help, we will con-tinue our fight to leave a legacy of clean, flowing water in Washington’s rivers and streams for use and enjoymentby all. This list recognizes the individuals, businesses, groups, and foundations who supported CELP in 2005.
Thank you for supporting CELP!Thank you for supporting CELP!Thank you for supporting CELP!Thank you for supporting CELP!Thank you for supporting CELP!
WATERSHED LEVEL ($1000+)Melissa S and Clyde AriasJohn D CharetteDianne D’AlessandroBetsy DennisJulie GerrardCraighton GoeppelePeter GoldmanAnne JohnsonRachael Paschal and John OsbornNancy and Dick RustRoger VanGelderAQUIFER LEVEL ($500-$999)Barbara Doat and Barbara FloydJoan FoleyTom FoxMickey Gendler and Nan JohnsonCharles KimbroughJanet NazyShirley and Bob NixonSusan Quigley and Delia McGinnisPatrick ReynoldsDave and Vergia SeabrookTim Stearns and Linda ClarkJoan ThomasSims Weymuller and Stacy ConnoleMargaret YeomanRIVER LEVEL ($250-$499)Leslie R. and Christopher M. DavidRobert C. and Mary C. DavidsonBarry Goldstein and Marian SchwartzGreg HicksKathleen and Allen JettDoreen JohnsonDavid and Frances KortenKyle KovalikSteve MallochLloyd and Lone H MoodyMark RichardsonDana Roberts and Carol Anne ModenaGayle RothrockDavid H. RoundStuart SilkLouise StoningtonStacia StrattonKevin TuslerAlice C and Ernest A WeymullerJana WilkensDr. Fran and Thelma WoodRobert YoungSTREAM LEVEL ($100-$249)
Lanny and Linda CarpenterDr. Hugh and Suzanne ClarkDeb Crespin and Lois HarrisGena DiLabioDavid DilworthEarl and Tena DoanJames Duncan and Lauren FanningHarrison DunningDeborah DwyerGerald Eller and Tara AdamsDonovan FloraErin Flores and Jess BombacieKathy GeorgeJennie Goldberg and Peter StekelPaul M and Sherryl H GoldfingerAndrew R GouldingHarrison GrathwohlMichael R HarrisonBrian and Alisa HataSteve and Claudia HirscheyBrooke HollandKatrina Hoof and Ladeane TateJocelyn HorderKasey D HuebnerRay and Ann HuffakerHugh and Beverly JenningsPeter Jepsen and Karen WestwoodJerry JonesCharles D. Judy and Anne M LavellePhillip KatzenJohn R and Janet L KlostermanColette KostelecBill and Jane KuperPaul LingbloomJoel Massmann PhDHenry W McGeeJames and Janis McRobertsErick McWayneLaurie MenzelPaul F MutryBill & Judy NixonLee & Pat NixonGreg O’LearyMiles OhlrichGordon H. and Elizabeth OriansTed and Patricia PearsonPete PetersonUrsula PfefferMary RandlettRichard J & Bonnie B RobbinsCharles and Marilyn RoeTom and Anna RuddChris and Bill RundallMartha RustJohn and Katherine SchuitemakerDenise D. SmithDiana and Chuck SparksPatricia and Howard StamborMary Swanson and Peter MurrayPhil TalmadgeRoger E TarletonFrank Vulliet
Walt and Jean WalkinshawLyn and Tom White
CREEK LEVEL ($50-$99)Ann and Knut AagaardJohn S AdamsL. Beth BlattenbergerTim BohlinCindy M C-WilsonMadeline ChaneyBarbara Christensen and Jeff MeyerNatalie L and John L DornJane E. EisemanSenator Darlene FairleySybille FleischmannMartin FoxWarren GibbsRuth GrossJamie HattenCynthia HickeyEric and Virginia HoyteRuth KagiMichael LaurieDick Levinthal MDDaniel LichtenwaldJerry LiszakMolly MarsicekRob MasonisWilliam H and Judith W MatchettBriteney MercerAri Michelsen and Miriam CookGary and Marie-France MintonJohn C. NarverLois NorthKimberly OrdonSandra PerkinsEdward W and Marna L PettigrewKaren QuinnWilliam H. Rodgers Jr.David RudoDon A. and Gail J. SchroderBarbara A and Donald E SheltonJames SokolToby ThalerRichard B and Betty E ThompsonRuth ThurstonDennis W and Patricia E WestoverGary WilburnDon Wright
RIVULET LEVEL ($35-$49)Richard AramburuThomas G and Ann M CampbellCarla Carlson and Fred HironsGuy CurtisLinda DahlgrenPierre Dawson & Jackie HaskinsRon DionMaria KovalikJohn LombardJames McBrideBarbara PierceBill RedmanMike Sebring
Mac Shelton and Frauke RyndRichard SmithSPRING LEVEL (UNDER $35)Tom and Laura DeschnerJeremy EckertJohn HollowedJ. Max Judd Sr.Heather KillebrewRoger and Jean LeedEstella LeopoldLyle MansonWill MiddlebrooksJan NaragonRuth PetersonKathryn and Michael PizzoJill SheldonNelda SigurdsonRobert and Rachel SmithElsie SorgenfreiKarla StarrHerman UscateguiR.P. and Elizabeth Van GytenbeekWade and Shirley VaughnBUSINESSES
AetnaGordon, Thomas, Honeywell, Malanca,Peterson and Daheim, P.L.L.C.Morisset, Schlosser, Ayer & JozwiakPatagoniaPuget Sound EnergyMicrosoft Matching Gifts ProgramSafeco Matching Gifts ProgramStarbucks Matching Gift ProgramFOUNDATIONS
Bullitt FoundationThe Burning FoundationColymbus FoundationOverton-Dennis FoundationKing County WaterWorksThe Flintridge FoundationHorizons FoundationKongsgaard-Goldman FoundationThe Leslie Fund, Inc.Charlotte Martin FoundationPeach FoundationHarrington-Schiff FoundationSeattle FoundationWashington Women’s FoundationORGANIZATIONS
Center for Streamside StudiesEarthshare of WashingtonEco EncoreEvergreen Flyfishing ClubThe MountaineersPaddle Trails Canoe ClubPartnership for Water ConservationPuget Sound Flyfishers ClubRIDGETrumpeter Swan SocietyWashington Fly Fishing Club
CENTER FOR ENVIRONMENTAL LAW & POLICY
2005 ANNUAL REPORT
Pete BairdPerry L. BarthBeverly A BastinFam BaylessAsher B BearmanTiffany BermensoloThomas H.S BruckerRussell W. BuschGretchen CarlsonSharon E Cates
CELP: taking action to leave a legacy of clean, flowing water in Washington’s rivers and streams
Stanley A Carlson
* If we have omitted your name in error, we apologize. Please let us know so that we can rectify the mistake.
