Friday, February 4, 2022 CapitalPress.com 11 Flood: ‘We have to capitalize on what’s happening because the flood really made our point’ Continued from Page 1 In the flood’s aftermath, Whatcom Family Farmers, an organization that supports the region’s agriculture, has tried to rally interest in building a dam — managing the Nooksack River Basin’s water by storing it in the winter, when plentiful rain falls, and releasing it during the dry summer. In the summer, the river falls below fish-protec- tion standards set by the state Department of Ecol- ogy. The department plans to adjudicate water rights to determine how much water must be left in the river for salmon during the region’s short irrigation season. Potentially, every agri- cultural water right could be subject to curtailment. This is foremost on the minds of Whatcom County farmers, who argue the basin doesn’t have a water supply prob- lem, it has a water manage- ment problem. “We have to capitalize on what’s happening because the flood really made our point,” said Whatcom Fam- ily Famers President Rich Appel, a dairy farmer. Shoring up levees, improving fish habitat and removing some river gravel would help, too, according to Whatcom Family Farm- ers. No gravel has been removed from the Nooksack River since 1997. The group’s executive director, Fred Likkel, said now is the time for the farm- ers to present their case. “There are a lot of people right now craving informa- tion,” he said. “We clearly need to look at a multi-prong approach.” Don Jenkins/Capital Press Whatcom County, Wash., dairyman Rich Appel is among many in the region who want to prevent more flooding of the Nooksack River. sack River, to protect farm- land. Removing gravel was dependent on also improving fish habitat. Gov. Jay Inslee vetoed the projects. The Army Corps of Engi- neers in 1973 studied a water storage project on the South Fork of the Nooksack River to prevent floods. The district engineer ultimately recom- mended against the project. The Corps is not cur- rently studying water storage in the basin, Seattle District spokesman Andrew Munoz said. For a project that big, Congress would probably would have to authorize a study, he said. Storage is key The key, though, is water storage. A reservoir would prevent winter flooding, protect fish habitat and pre- serve farming. “Water storage addresses everybody’s problem,” Appel said. But building a dam or removing gravel are polit- ically difficult because of their potential threat to endangered salmon. The basin has three salmon spe- cies that are federally pro- tected under the Endangered Species Act. “What happens to fish — that is the big issue,” Likkel said. Nooksack Indian Tribe Chairman Ross Cline Sr. agrees, but adds, “My point of view won’t be popu- lar with farmers and people who live in the floodplain.” He said he opposes storing water in a reser- voir. Rather than gravel, he blames manmade dikes that “force the water to stay in one tiny channel,” he said. “I think mother nature did a better job by not putting up dikes.” The tribe can’t live with- out salmon, and whatever is done to the river should be done for salmon, he said. “Salmon first, people second.” Growing danger Dairyman Jeff DeJong slogged through ice and slush to the edge of the Nooksack River and Problems will worsen Dillon Honcoop/Save Family Farming Whatcom County, Wash., farmland floods Nov. 15. The flooding closed a grain supplier and rail service, causing a feed shortage at dairies that persisted a week later. Fred Likkel Elaine Thompson/Associated Press People stand atop a flood wall holding back the Skagit River in downtown Mount Vernon, Wash. An atmospher- ic river—a huge plume of moisture extending over the Pacific and into Washington and Oregon—caused heavy rainfall, bringing major flooding to the area. pointed to a mound of sand and gravel rising from the channel. The North Cascade Range and Mount Baker supply the sediment, which washes down steep tribu- taries and settles as the riv- er’s main stem flattens and winds through farmland. “It’s an easy thing to see,” DeJong said. “We’ve got gravel bars growing larger and larger.” Record rains in Novem- ber were too much for the river. In two days, Belling- ham received a month’s worth of rain. The flood damaged about 1,900 build- ings in Whatcom County, according to the state’s application for federal disas- ter funds. With some people still displaced, state and county officials recently held a meet- ing at a local high school. A distraught woman said she had 7 feet of water in her house. Officials expressed condolences and talked about the prospects for emer- gency relief. Applause was loudest, however, for the woman who shouted, “Why don’t we dredge the river?” It’s a question farmers have been asking for a long time, DeJong said. “There’s always somebody to say ‘No,’ or say ‘Yes, possibly,’ if you do this study or that Rich Appel study. And by the time the study is done, the rules have changed.” The Nooksack Basin yields more sediment per square mile than any other major river in the Puget Sound region. For decades, gravel companies used the gravel deposits for construc- tion projects, but a series of regulatory actions made get- ting a gravel permit too hard. Rising riverbed The riverbed rose 1 to 2 feet in some places between 2005 and 2015, according to the U.S. Geological Survey, which concluded the river- bed will continue to rise. “The underlying issue is the bottom of the river is moving up,” Lynden Mayor Scott Korthuis said. It’s an international affair. When the Nooksack over- flows in the U.S., the water spills northward into British Columbia. Tens of thousands of cows in the Fraser Valley there were drowned during the floods. “ We ’ r e sending too much water Ross to Canada,” Cline Sr. Korthuis said. Korthuis said he and other mayors of the small towns flooded in November meet regularly about the problem. “I think this event has galva- nized all,” he said. “Doing nothing is not an option anymore.” Whatcom County Public Works Director Jon Hutchins said that over the years sed- iment management has been talked about in “fits or starts.” It hasn’t happened, how- ever, and it’s unclear who could make it happen. “There’s no river czar or oligarchy. This is a shared responsibility,” Hutchins said. “Things are changing in people’s awareness, per- ception and, honestly, their anxiety.” The state’s sensitivity to gravel removal was high- lighted in 2019, when law- makers put three “demon- stration projects” in an orca recovery bill. The projects were to be done in three riv- ers, including the Nook- Climate change projec- tions suggest the Nooksack Basin’s twin problems — too much water in the winter and too little in the summer — will get worse. Summers will be hotter, while more winter precipitation will fall as rain instead of snow. Inslee emphasized cli- mate change after touring the flooded area last November. “We are in a permanent state of attack in our state by the forces of climate change,” he said. “This is one flood of unfortunately many that we will be experiencing.” Climate change activ- ists are focused on reducing greenhouse gases to zero by 2050 to keep global aver- age temperatures from rising after mid-century. Near-term solutions? DeJong, however, said he’s looking for government to do something in the near term. He said he knows that removing sediment won’t end floods, but it might make them less frequent and less severe. “I believe in environmen- tal protection, but we’ve gone so far as to say that as humans we can’t affect any- thing. We can’t continue to exist that way,” he said. He said he also knows that dams are as politically sensitive as sediment man- agement. But it’s time to be blunt, he said. “I’ve been saying ‘dam’ for a long time.” Grazing: Grazing preferences Irrigation: ‘The plaintiffs also have financial ramifications have no right to water seepage’ Continued from Page 1 Continued from Page 1 Grazing preferences also have financial ram- ifications, as having access to federal allotments substantial increases a ranch’s real estate value. The Hanleys and Corrigans took their case to federal court, claiming their due process rights were denied because the BLM has separate reg- ulatory processes for canceling grazing priori- ties and grazing permits. Under the BLM’s theory, landowners could lose grazing preferences if they lease property to ranchers who lose their grazing permits, thereby getting punished for another party’s actions. However, the 9th Circuit upheld an ear- lier ruling last year that sided with the BLM’s position. “After a permit expires, a former permittee Similarly, the ease- ment’s terms would pre- vent the irrigation dis- trict from abandoning the canal and filling it in, he said. The irrigation district argued that it would have the right to stop using the easement for any reason, such as a lack of water. “The plaintiffs have no right to water seep- age,” Reinecke said. It’s common for irri- gation districts to con- Mateusz Perkowski/Capital Press File From left to right, Mike Hanley and his wife, Linda, with daughter Martha Corrigan and her husband, John, at the family’s ranch near Jordan Valley, Ore. does not retain any preference to stand first in line for a future permit,” the 9th Circuit said. The Hanleys and Corrigans petitioned the U.S. Supreme Court to review the case but that request was denied on Jan. 24. vey water through under- ground pipelines, but they can also go above ground to cross rivers and other obstacles, he said. “Irrigation districts have been going above and below for 100 years,” Reinecke said. An abuse of the ease- ment would occur only if the irrigation dis- trict intended to entirely change its purpose, such as permitting a power line to cross the property, he said. Replacing one method of water deliv- ery with another doesn’t place an unreasonable burden on the landown- ers, Reinecke said. “The irrigation district is only doing what it’s legally entitled to do.” Excavating silt from canals already happens during routine mainte- nance, as does the elim- ination of unwanted vegetation, he said. “Removal of trees and bushes occurs all the time. Every summer.”