Notes
Washington State Department of Ecology’s response to Airport Communities Coalition (ACC) motion for summary judgment in PCHB No. 01-160, filed January 14, 2002 before the Pollution Control Hearings Board. Ecology argues that a water right is not required for reasonable assurance that water quality standards will be met under Clean Water Act § 401 Certification. The document addresses Port Of Seattle’s stormwater management and low flow mitigation plans for the Third Runway project affecting Miller Creek, Walker Creek, and Des Moines Creek. Key arguments include: WAC 173-509-040 closure of creeks to further appropriations since 1950, Postema v. Pollution Control Hearings Board (142 Wn.2d 68), beneficial use of water doctrine, and § 401 Certification Condition I and Condition B(1)(e) requiring perpetual mitigation. Revised low flow mitigation plan estimates impacts of .11 cfs to Walker Creek and .08 cfs to Des Moines Creek, with 18.5 and 13.5 acre-feet retention proposed respectively.