[Vision2020] IDWR distribution of funds to water projects

[Tom Hansen]

However, the July 20, 2005 edition of the Moscow-Pullman Daily News is
reporting (with a special thanks to Kirsten Peters, Daily News Staff
Writer):

------------------------------------------------------

Property rights take hit in water debate; Naylor Farms stands to lose
ongoing battle

By E. Kirsten Peters, Daily News Staff Writer

Property rights in Latah County were at the heart of conflict Tuesday in an
ongoing battle over Moscow's water supply. In the end, it was property
rights that got the black eye. 

At an evening meeting of the county's planning commission, a set of new
regulations on land use attracted public comment before a crowd of 65 people
packed into a basement room of the county courthouse. The meeting closed
with the unanimous acceptance of the proposed regulations by the planning
commission 

The proposal now moves to the county commissioners for consideration. 

At issue is land use around the city of Moscow in an area called the
sub-basin, which is bounded to the north by Moscow Mountain, to the south by
Paradise Ridge, to the east near Joel and to the west by the state line. 

The proposed regulations prohibit outright the use of land for: refining or
processing mineral resources; processing or storing toxic materials;
sanitary or industrial landfills, and industrial wastewater treatment. 

The proposed regulations would impact the Naylor Farms Inc. property north
of Moscow. The company has proposed in recent years the use of groundwater
for irrigated farming and for clay-mineral mining and processing. Naylor
Farms' petition for water rights has been opposed by water activists in
Moscow who fear depletion of groundwater resources for the city. 

Geologic evidence suggests that groundwater at Naylor Farms cannot flow
toward Moscow, and the proposed ordinance is highly arbitrary in several
other respects, Brent Thomson of Naylor Farms said. 

"How were the boundaries of the (sub-basin area) established and why don't
they encompass all the recharge areas?" Thomson asked the commission. 

He said the proposed ordinance is a transparent attempt to prevent Naylor
Farms from pursuing what has until now been legal uses of its property. 

Thomson was not alone in his defense of property rights. 

"As a property owner I have concerns (about the proposed regulations) and
...the frittering away of our freedoms," said county resident Murray
Stanton. "I am not entirely against these ideas but ...we all know how
difficult it is to reverse regulations once we have them." 

Other speakers testified that since local geologists cannot agree even about
groundwater flow direction, land use should not be restricted in the
sub-basin because that area may or may not affect recharge of aquifers
significant to the city of Moscow. 

The prohibition against mining in the proposed regulations would apply not
only to Naylor Farms but to potential new gravel pits within the sub-basin
area. 

"One of our members on the task force (that developed the draft regulations)
researched the gravel pit question and we believe there aren't any viable
places in the affected area to acquire good gravel," county planning and
building director Michelle Fuson said. 

The proposed regulations are meant to address the fact that the city of
Moscow relies for its water on two aquifers under the town. Above the
aquifers in central Latah County is a bed of loose material under the soil
called the Latah Formation. 

According to the draft county ordinance, rainfall and snowmelt percolate
into the aquifers in large measure through the Latah Formation throughout
the "sub-basin" area. Because of this theory of recharge, the county is
interested in restricting the ways in which land in the sub-basin can be
used. The goal is the protection of the aquifers from contamination through
the Latah Formation sediments. 

The regulations being considered by the county would not affect land in the
city of Moscow or in the "area of impact" buffer zone immediately around
Moscow. 

"The city will make its own decisions about water issues that will govern
the land in town and the city and county have to negotiate an agreement
about how to handle the area of impact land," Fuson said. 

The proposed regulations would mean conditional use permits would be
required for all new instances of: 

residential wastewater treatment; 

commercial nurseries; 

ag supply and service centers; 

car washes; 

"concentrated or confined animal feeding operations" of 10 to 100 "animal
units" as defined by the county code. (see sidebar) 

Members of the local ad hoc group known as Protect Our Water testified in
general agreement with the proposed ordinance, although some acknowledged
that restricting the number of animals, particularly horses, might be seen
as severe to some landowners. 

Members of the task force that developed the proposed regulations
acknowledged that no scientific studies were used to determine the rules
about "animal units." 

Making note of that testimony, the planning commission amended the proposed
ordinance to read that land owners with 60 to 100 "animal units," rather
than 10 to 100, would have to seek conditional use permits. 

Livestock operations that confine more than 100 animal units are prohibited
in the sub-basin land by the proposed regulations. 

Violators could be fined $300 or jailed for 30 days for each day they are
not in compliance with the new restrictions. 

The regulations will now be considered by the board of county commissioners,
which will determine if the proposed ordinance becomes law. 

"Assuming the commissioners want to go forward, they will set a public
hearing, likely in August," Fuson said. 

QuickRead 

What happened 

Public comment was given to Latah County Planning Commission, which then
voted unanimously in favor of new county regulations of land use. 

What it means 

The county is moving toward restrictions on property use in the area from
Moscow Mountain to Paradise Ridge. 

What happens next 

The county commissioners will decide whether to accept the proposed
regulations and give them the force of law.

------------------------------------------------------------------

Unlike what some people may mislead you to believe, water IS NOT an infinite
source.

Take care, Moscow.

Tom Hansen
Moscow, Idaho

"law and order exist for the purpose of establishing justice, and when they
fail in this purpose, they become the dangerously structured dams that block
the flow of social progress."

- Dr. Martin Luther King Jr. 


-----Original Message-----

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Phil Nisbet
Sent: Wednesday, July 20, 2005 7:24 PM
To: vision2020 at moscow.com
Subject: [Vision2020] IDWR distribution of funds to water projects

Just got back to the shack from the IDWR information meeting.

Distribution of funds from the Idaho Legislature's appropriation for 
hydrological studies in the Moscow Basin have been handed down.

PBAC has been alloted $284,000 to put in a monitering well program in the 
area west of town.  IDWR will do the contracting for drilling services at a 
cost of $15,000.

The Latah County Proposal, drafted by Mark Solomon and John Bush, to study 
the location of recharge points for the Sediment of Bovill and for the 
Wanapum aquifers was also accepted and has been funded to the tune of 
$151,000.  Serious congratulations are due both John and Mark for 
marshalling through a plan that will greatly enhence our understanding of 
how the groundwater system works in the area between Moscow Mountain and 
Moscow.  Further thanks are owed to the area Legislators who made the funds 
happen and to the Commisioners for seeing that the proposal got a good 
hearing before IDWR.

Great Job by all concerned.  It will be good to have the additional data for

future planning efforts.

Phil Nisbet

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