Category Archives: Streams

New bridges provide improved habitat in two Kitsap County creeks

Contractors are putting the final touches on two new bridges in Kitsap County, both of which are expected to improve the local environment.

A new bridge over the Carpenter Creek Estuary near Kingston helps to restore the upper salt marsh.
Photo; Stillwaters Environmental Center

One is a 150-foot bridge that crosses the Carpenter Creek Estuary on West Kingston Road near Kingston. The other is a 50-foot bridge that crosses Big Anderson Creek on Seabeck-Holly Road near Holly.

Among local residents, the Carpenter Creek bridge may best be known as the bridge that blocked traffic and forced a detour near Kingston for more than a year — much longer than originally planned. (Recall reporter Nathan Pilling’s story in the Kitsap Sun.) While contract issues remain in dispute, the environmental benefits are clear, according to Joleen Palmer of the nearby Stillwaters Environmental Center.

The old roadway across the estuary acted like a dam to impede flows upstream and downstream.
Photo: Stillwaters Environmental Center

Replacement of a 5-foot culvert with the bridge over the estuary has obvious benefits for salmon that must fight the current to go upstream to spawn, Joleen told me, but people may not appreciate the importance of the much-expanded salt marsh.

When the roadbed was installed nearly a century ago, it formed a dam, causing water in the stream to back up, which encouraged freshwater vegetation. The saltwater influence was greatly reduced, and critical nutrients coming downstream were deposited before they reached Puget Sound.

The new bridge will allow saltwater to come and go with the tides and for nutrients to flow out more freely. Juvenile salmon coming downstream can pause to grow and acclimate to the saltier conditions they will face.

Salt marshes, which were filled in all too often years ago, are considered highly productive, because dead organic material — detritus — from the stream and estuary feeds bacteria, insects, worms and a multitude of other tiny creatures at the base of the food web.

“Salt marshes are really detritus-based ecosystems,” Joleen said. “You have many invertebrates that eat the detritus and other decomposers. The food sources reach out into the estuary and nearshore habitat to fuel the marine food web. It is not insignificant that the area is now opened up.”

Side channels in the marsh will provide refuge for young fish to grow before they head out to sea. To varying extents, the stream, marsh and estuary are expected to support coho, chinook and chum salmon along with steelhead and cutthroat trout.

Volunteers and students have been monitoring conditions in the watershed to measure the changes taking place. The latest addition to the monitoring effort is an ongoing search for the invasive European green crab. The volunteer program, called the Crab Team, is managed by Washington Sea Grant.

“The estuary is still some distance from known populations of invasive European green crab,” writes Cindi Nevins, a North Kitsap resident who joined the team, “but if the green crabs ever do arrive at Carpenter Creek, they will find exactly the kind of space they love: salt marsh channels, marsh vegetation and quiet lagoon-like waters. Why do we think they’ll love it? Because hairy shore crabs (Hemigrapsus oregonensis) do!”

Throughout Puget Sound, Crab Team members catch and identify hundreds of thousands of crabs in marsh habitat suitable for both the natives and the invaders. The volunteers hope never to catch a green crab, but some green crabs have been found in a few places in Northern Puget Sound and the Strait of Juan de Fuca. By intensifying the trapping effort, the Crab Team hopes to eradicate the invaders, or at least keep them under control.

Cindi’s report, published in the Crab Team’s newsletter, goes on to describe the challenge of catching crabs in the Carpenter Creek marsh, which often drains completely at low tide. Because the traps must be kept submerged to be effective, the volunteers are often forced to set the traps in the evening as the tide comes in and retrieve them early the next morning before the tide goes out.

To celebrate completion of the new bridge, everyone is invited to celebrate “Estuary Restoration Day” on Saturday, June 9, from 11 a.m. to 1 p.m. at Stillwaters Environmental Center, 26059 Barber Cut Off Road, Kingston.

The program will include guided tours to the marsh, live music, food and a native plant sale. Those involved with various aspects of the project will receive special recognition.

For information and videos about the marsh, visit the Stillwaters website.

The new bridge over Big Anderson Creek near Holly is nearly twice as long as the old one.
Photo: Christopher Dunagan

The bridge over Big Anderson Creek near Holly is more of a highway-safety project than an ecosystem-restoration effort. The wooden bridge, 67 years old, was the last bridge in Kitsap County to be rated structurally deficient because of its overall poor condition. Check out the story in the Kitsap Sun by reporter Ed Friedrich.

Still, the new concrete bridge, which spans 50 feet of stream, is nearly twice as long as the old bridge. That will allow the stream to meander more naturally and at a rate that sandbars can form nearby. At high flows, the stream won’t be squeezed as much through the space under the bridge.

The old wooden bridge over Big Anderson Creek was rated structurally deficient by inspectors.
Photo: Kitsap County Public Works

By the way, the official name of the stream is “Anderson Creek,” allowing confusion with two other streams named “Anderson” in Kitsap County alone. I prefer to call it “Big Anderson,” in conformance to tradition by area residents and local institutions. For a further explanation of the issue, read Water Ways, June 22, 2017.

U.S. Supreme Court justices raise questions about culvert damage

As state and tribal attorneys faced off yesterday in the 20-year battle over culverts, justices for the U.S. Supreme Court drilled both sides about numbers.

A coho salmon tries to leap into a culvert on Gorst Creek where water discharges from fish-rearing ponds. // Photo: Meegan M. Reid, Kitsap Sun

The culvert case is not about the 50-50 sharing of the annual salmon harvest. The courts ruled years ago that treaties with Puget Sound tribes guarantee Indians half the total salmon harvest, to be shared equally with non-Indians.

The culvert case is about the environment, specifically the idea that culverts are capable of blocking the passage of salmon, reducing the salmon population to a meaningless number and making the treaty right worthless.

From the transcript of today’s Supreme Court hearing, I’ve tried to pull out the most interesting and legally relevant questions.

Opening the hearing and speaking for the state, Assistant Attorney General Noah Purcell said the lower courts have essentially established a new treaty right with the ruling under appeal. If culverts must be replaced as a result of the treaty, then consider what could happen to dams and virtually any development that has ever had an impact on salmon runs, he said.

In legal briefs, state attorneys have argued that the treaties work both ways, that tribes gave up the right to manage the lands they ceded to the U.S.

Justice Samuel Alito noted that the treaty describes the right of Indians to take fish. “What do you think that means?” he asked Purcell.

Three rights come from that language, Purcell said. They are the right to fish in historical places, the right to a fair share of the available fish and a “right to be free of certain types of state actions that are not justified by substantial public interest.”

The tribes, he added, need to show that state culverts specifically are responsible for a “large decline” on a particular river. There are many other causes of salmon declines as well, and the state is trying to work on all of them, he said.

Alito said he doesn’t understand the meaning of “large decline” or even “substantial decline,” the term used by the federal government, which is a party to the case on behalf of the tribes.

“Well,” Percell said, “it has to be more than a fraction of 1 percent of historic harvests or 5 percent of recent harvest. We think, for example, certainly a decline of half the salmon would certainly easily qualify …”

Asked Justice Elena Kagan, “I mean, do you have a number in your head?”

Justice Neil Gorsuch wanted to know whether a 5-percent reduction in the salmon runs would be adequate to support the tribes’ position. “If they could show that 5 percent is attributable to the culverts, would that suffice to satisfy you?” he asked. “And, if not, I guess I’m where Justice Kagan is. What’s your number.”

Purcell said he thought that half would obviously quality but not 5 percent.

“Suppose,” said Alito, “that there were more than salmon than anybody knew what to do with, and then the state did something that caused a decline. Would that be a violation of the treaty?”

“I don’t think that would be a violation even under the respondents’ (tribes’) theory, Your Honor,” Purcell replied. “… and that recognizes the crucial other piece of language… The treaties ceded control of the off-reservation land to future government to regulate in the public interest. And so the government has to have the ability to make some types of decisions, even if they affect the treaty fishing right when there are substantial interests involved.”

Gorsuch said he is struggling with that concept, the idea that state government could pursue other public interests and balance them against treaty rights.

“The point of a treaty, I would have thought, would have been to freeze in time certain rights and to ensure their existence in perpetuity, regardless of what other social benefits a later municipality might be able to claim,” he said.

Purcell said the treaty must recognize interests other than the fishing rights of the tribes, and that includes actions to protect natural resources and public health.

“But where does this public interest theory come in in the treaty?” asked Kagan. “I thought this was an agreement. I give you my land. You give me the right to take fish. And — let’s make it narrower here — I have the right that you will not put up obstructions on these streams such that I can’t take fish.”

“Well, Your Honor,” said Purcell, “if the rule is narrowly limited like that, it’s much less problematic for the state, but the findings would not support that rule and it would outlaw every dam in the Northwest. So it’s inconsistent with the parties’ long-standing behavior.”

Alito asked federal prosecutors in the case whether federal dams also violate the treaties.

Assistant Solicitor General Allon Kedem of the U.S. Department of Justice said that issue was never part of the case and the legal issues have never been developed. Still, he added, many dams are built with fish ladders. In other cases, the U.S. government has compensated the tribes monetarily.

Justice Ruth Bader Ginsburg returned to the original language of the treaties, which “gives the tribes the right to take fish in common with all citizens.” One could simply interpret that to mean that nobody should discriminate against Indians, she said.

Kedem said the state had argued that point years ago, but the courts considered representations made by federal officials to the Indians when the treaties were signed. The conclusion, upheld by the Supreme Court, was that the tribes have access to fish in perpetuity.

Justice Kagan returned to the issue of numbers, asking Kedem if he has an idea how much habitat damage constitutes “substantial” degradation — the term used to define a treaty violation.

“So we don’t have a number,” Kedem said, adding that the lower courts used a habitat approach, the idea that loss of habitat would reduce the salmon population.

Later, Justice Alito turned to Attorney William Jay, representing the tribes.

“I hate to keep asking the same question,” he said, but does ‘substantial degradation’ mean a number or “significant degradation’ mean a number?”

“I don’t think it means a hard and fast number,” Jay said. “I think it is something that you would look at in context, in context of the particular species, in context of the strength of the species at a particular time.”

Without giving a number, Jay said, the court found that the state’s culverts are so numerous and reduce access to such a large spawning area that the impact on the fishery is significant.

“I just don’t see how that can mean anything other than a number,” Alito said, “and I still haven’t gotten an answer that seems to give any substance to this.”

Jay said the idea that the local, state or federal government could disregard the intent of the treaty while balancing their own perceived public interests is not consistent with promises made by the president of the United States and ratified by the Senate.

“If the promise made by the United States in exchange for millions of acres of the tribes’ land means anything … it protects against a threat to the fishery like these, a threat that obstructs fish from getting to the usual and accustomed fishing grounds where the tribes have a right to fish.”

For further reading:

Amusing Monday: World Water Day addresses natural purification

World Water Day, coming up this Thursday, is an annual worldwide event designed to focus attention on the importance of water to all living things.

Promoted by the United Nations, the 25-year-old World Water Day has always raised concerns about the 2.1 billion people in the world who don’t have easy access to clean water, creating a major health crisis in some communities.

This year’s theme is “nature for water” — although the discussion remains focused mainly on humans. Human actions have contributed to increasing flooding, drought and water pollution — and humans are able to use natural systems to help reduce the problems.

So-called “nature-based solutions” include protecting and improving water quality by restoring forests and wetlands, reconnecting rivers to their floodplains and creating vegetated buffers along lakes and streams, even in urban areas.

A fact sheet (PDF 2 mb) put out by UNESCO (U.N. Educational, Scientific and Cultural Organization) lays out the arguments on behalf of nature-based solutions. A larger 150-page report, titled “Nature Based Solutions for Water” (PDF 42.7 mb) can be downloaded from the UNESCO website.

A series of posters and cards related to this year’s theme can be downloaded from the World Water Day website. For the creative, I’m intrigued by the idea that you can create your own collage, using individual elements taken from the four posters. See “collage kit” on the same resources page.

Considering that this is the 25th World Water Day, I anticipated more events and celebrations. The one event listed for Washington state is a guided tour of Edmonds Marsh, one of the few urban saltwater estuaries still remaining in the Puget Sound region. Details of the walk are provided in a brief article in Edmonds News.

The first video on this page is a promotional piece by UNESCO.

Official poster of World Water Day
Source: UNESCO

I found the second video, filmed in Istanbul, Turkey, to be revealing about people’s attitudes about water. I imagine the reaction might be the same in some U.S. cities — although the specific location probably makes a lot of difference. The video, produced in 2015, was created for Standart Pompa, a manufacturer of water pumps.

The video shows a video screen next to a water faucet with a dying tree depicted on the screen. When passersby turned off the water faucet, the tree suddenly transformed into a healthy green condition. Although the weather was cold during the filming, nearly a third of the people going by took their hands out of their pockets and turned off the water, which was actually recirculating from the drain so that no water was wasted.

The third video is a cartoon designed to drive home a message about the importance of water, beginning with the simple act of brushing your teeth. It was produced by TVNXT KIDZ.

Amusing Monday: Watching green waters for St. Patrick’s Day

In Chicago, it has become a tradition to dye the Chicago River bright green to celebrate St. Patrick’s Day, as shown in a timelapse video featured by ABC News. But some waterways are naturally green, so I have posted eight videos from throughout the world to show these natural wonders.

Huge crowds of people visit the Chicago River each year to see the color change, which lasts about five hours, according to a report by Jennifer Wood in Mental Floss.

At one time, a green dye was used as needed to identify sources of sewage flowing into the river, Jennifer reports. The result was an occasional green splotch seen in the river. In 1962, a member of the local plumbers union thought it would be a good idea to dye the entire river green for St. Patrick’s Day. It has since become an annual tradition — although in 1966 the dye was changed to a nontoxic vegetable-based coloring at the insistence of environmentalists.

Today, environmentalists are still grumbling about artificially turning the river green, not so much because of damage to the ecosystem — which is really unknown — but because the river is much healthier than it has been in 150 years, according to a report by Steven Dahlman in Loop North News.

“I think [it] sends a message to people that the river is not alive,” said Margaret Frisbie, executive director of Friends of the Chicago River. “Dyeing the river green does not respect that resource.”

In a story written for Smithsonian magazine, Jennifer Billock reports that no dye is needed if you really want to enjoy St. Patrick’s Day in or around a green waterway. The source of the green color varies from one place to another and may include natural minerals, algae growth or even optical illusions based on reflections or depth.

Jennifer talked to Rick Stumpf, an oceanographer who said one of his favorite places is Florida Bay in the Keys, where the green color is a reflection of seagrass just a few feet underwater.

Our tour of green waterways begins with Lake Carezza, in South Tyrol, Italy. The lake is fed from underground springs, and the level of the lake changes with the seasons.

According to a local fairy tale, a wizard fell in love with a beautiful water nymph while watching her braid her hair at the edge of the lake. To get her attention, a witch advised him to dress up as a jewel merchant and cast a rainbow across the lake. He followed her instructions except that he forgot to change his clothes. The water nymph realized his true identity and disappeared into the lake. In frustration, the wizard destroyed the rainbow, which fell into the lake, and then he tossed all of his jewels into the water, leaving the lake with its unusual colors.

Wai-O-Tapu is a lake in an 18-square-mile geothermal area in New Zealand’s Taupo Volcanic Zone. The green color of the water, which is somewhat milky and yellowish, is due to particles of sulfur floating in the water.

The area has been protected as a scenic reserve since 1931 and includes a tourism attraction known as Wai-O-Tapu Thermal Wonderland. Marked hiking trails provide visitors access to natural hot springs and mud pools.

The Verzasca River in Switzerland is a 19-mile river known for its turquoise-colored water and colorful rocks. The swift river, which flows into Lake Maggiore, is popular with scuba divers.

The green colors are provided by natural algae growing in the water as well as the reflection of vegetation along the shoreline.

Ambergris Caye, the largest island in Belize, offers the sea-green colors of a tropical paradise. It is mainstay for tourists who wish to swim or dive in the Caribbean Sea. Visitors can enjoy the marine life of Belize Barrier Reef, the longest reef system in North America, second in the world after the Great Barrier Reef of Australia.

Blue Spring State Park features the largest spring on Florida’s St. Johns River, a critical winter refuge for manatees. To protect the manatees, the spring pool is closed from Nov. 15 to March 15.

From the pool, a vertical cave plunges down to a room about 90 feet deep. At about 120 feet down, the cave constricts and water pours swiftly out of the spring, which produces about 165 million gallons of water per day.

In addition to the pool, the park includes a historic home and offers boat tours, hiking trails and camping sites.

Lake Quilotoa in Ecuador is a deep crater lake in the Andes formed by the collapse of a volcano following an eruption about 600 years ago. The green color is caused by dissolved minerals.

In five hours, visitors can hike around the volcano’s caldera, which is about two miles across. Pack mules and guides are available in and around the village of Quilotoa.

Sproat Lake is located in the center of Vancouver Island in British Columbia. In addition to lakeside homes, three provincial parks are located along the shore.

Sproat Lake Provincial Park features a variety of trails, including one trail that reaches the eastern side of the lake. A wall of rock carvings, named K’ak’awin, depict mythological creatures. The age of the petroglyphs is unknown.

Abyss Pool is the name of a hot spring in the West Thumb Geyser Basin of Yellowstone National Park. In 1883, a visitor to the park called the pool “a great, pure, sparkling sapphire rippling with heat.”

The pool is about 50 feet deep. A geyser in the pool had no record of eruption until 1987, when the first eruption was followed by several others until June 1992. The eruptions were up to 100 feet high.

Amusing Monday: Using musical notes to describe salmon migration

Researchers working on innumerable scientific investigations throughout the world continue to present their findings in new and interesting ways, often apart from the usual charts and graphs. Some have turned to animation, others to interactive graphics and some to the medium of sound — a process called sonification.

Jens Hegg of the University of Idaho has collaborated with several musical composers to turn the migration of young chinook salmon into a musical score — although it doesn’t exactly have a beat you want to dance to.

In the first video on this page, you can close your eyes and imagine that you are standing at the mouth of the Snake River facing upstream, Jens advises in an email. To get the full effect, you need to listen with headphones. Fish moving on the Upper Snake River are represented by notes that sound the farthest away, the Clearwater River somewhat closer and the Lower Snake River closer still.

“The ocean is at your back, so as they enter the ocean, the washy sound sounds as if it is either behind you or directly between your ears,” Jens told me.

“Each river has it’s own set of tones that build a chord,” he continued. “The YouTube video uses the same WAV recording every time, but the actual sonification program randomly assigns fish to a new tone each time it is played, so that the music actually changes and is slightly different each time it is played while maintaining the same meaning.”

I have to confess that I’ve listened to this recording more than a dozen times and I’m still trying to visualize the movement in my mind. The map on the video actually helps with the understanding, but that’s not the movement of fish on the river that I’m trying to visualize. Jens said the program was set up so that fish in the Upper Snake are heard in the right ear; fish in the Lower Snake are heard in the left ear; and fish in the Clearwater are heard in the center.

Some sonification efforts result in music that is quite enjoyable to listen to. See Water Ways, Jan. 1, 2016. But if the point is to convey information, then the underlying music can sometimes be a distraction.

Jens told me that his experiments with sound originated in a roundabout way, somewhat out of desperation, as he tried to design his doctoral dissertation to meet the cross-disciplinary requirements for the program in Water Resources Science and Management.

“I had been told that the geology/ecology combination I had used for my master’s in the same program was not quite interdisciplinary enough, so I was in search of other possibilities,” he said.

Jens had read a newspaper profile about Jonathan Middleton of Eastern Washington University, who was creating music from protein data. He was finding that the people could discern variations in complex protein structure more easily with sonic rather than visual clues.

Jens always enjoyed music. He even writes his own songs. (See second video on this page.) Combining music and scientific data provided a fascinating challenge. “Nobody could say this wouldn’t be interdisciplinary,” he noted, “and it incorporates something I enjoy already, so it seemed like something worth pursuing.”

The data needed to create the sonic composition comes from Jens’ extensive study of salmon migration based on the ear bones of fish, called otoliths. Otoliths are composed of chemicals that build up over time as a fish grows. Rivers have their own chemical signatures, which are captured in the otoliths, so the movement of salmon can be determined by the chemical record stored in their ear bones.

Understanding the timing of salmon migration can help researchers figure out why some populations are more successful than others, especially as climate change shifts the timing of streamflows and alters the temperature and dissolved oxygen levels.

Mounds of otolith data were converted to notes with the help of Middleton at Eastern and Ben Luca Robertson at the University of Virginia. Middleton had developed a software program to help researchers turn their data into sound. Courtney Flatt of Northwest Public Broadcasting separated out some of the individual sounds in a piece she produced for Earthfix. Listen below.

      1. Tracking Salmon With Musical Notes

Part of Jens’ research was to see if people could tell when the sound pattern changed, thus discerning the movement of fish from one place to another. The complexity of the sound reduced the ability of listeners to distinguish transitions, according to a new report by Jens and his collaborators in the journal Heliyon. Check out the additional sounds and animations in the “supplementary content” at the end.

It also turned out that people were able to describe the changes more accurately if they were not watching a related animation. One reason could be that the visual clues caused people to divide their attention, focusing less on the sound.

“We have a long way to go before a sonification of a large number of fish can clearly indicate movement,” Jens told me in his email. “Our paper shows that people can accurately distinguish movement of individuals played alone, two at a time, or three at a time. But we haven’t spent as much time optimizing the sonification for a large number of fish.

“Knowing how it is set up helps in interpreting it,” he said. “On repeated listenings, you can hear times where larger numbers of fish are all moving at once from one place to another. These are the kinds of trends we want to highlight in terms of understanding salmon migration timing.”

Federal waters rule gets batted around endlessly in the courtrooms

Confusion is nothing new when it comes to figuring out whether federal agencies have jurisdiction over certain wetlands and intermittent streams under the Clean Water Act. And now the Trump administration has guaranteed that confusion will reign a while longer.

Meanwhile, lawsuits — also nothing new to the Clean Water Act — continue to pile up at a rapid pace.

Some argue that the confusion begins with the 1972 Clean Water Act itself, which requires the U.S. Army Corps of Engineers to issue permits for any filling or dredging — which covers most development — within the “navigable waters” of the country.

Congress defined “navigable waters” in a way that has generated much confusion and many lawsuits through the years: “The term ‘navigable waters’ means the waters of the United States, including the territorial seas,” the law states.

Even the U.S. Supreme Court couldn’t figure it out and ended up adding to the confusion. In a 4-4-1 split ruling, half the justices focused on “navigable waters” with a narrow definition to include major waterways but avoid federal protection for many wetlands and intermittent streams. The other half of the justices supported a broader definition, which would protect downstream waters by also protecting upstream sources of water.

Writer Steve Zwick of Ecosystem Marketplace does a nice job explaining the legal and historical context for the confusion in a four-part series of articles. Zwick relies on, and gives credit to, the writings of William W. Sapp and William M. Lewis, Jr.

Under the previous administration of Barack Obama, the Army Corps of Engineers and the Environmental Protection Agency worked together to draft a new rule to more clearly define federal jurisdiction over streams and wetlands, as outlined by the broader Supreme Court opinion. It became known as the “Clean Water Rule” or “WOTUS” for Waters of the U.S.

Some potential opponents applauded the certainty of the proposed rule, even if they disagreed with some details. (See Water Ways, March 25, 2014.) But others believed that the states, not the federal government, should be in charge of protecting streams and wetlands. It became a common theme to argue that the new rule would regulate the tiniest ditches and farm ponds — something the Obama administration denied.

One of the opponents of the 2015 rule was Scott Pruitt, Oklahoma’s attorney general who ended up suing the Obama administration on behalf of his state. In all, 31 states joined various lawsuits against the rule, with separate lawsuits brought by farmers and industry.

Scott Pruitt, EPA administrator
Photo: EPA official portrait

“President Obama’s Environmental Protection Agency currently stands poised to strike the greatest blow to private property rights the modern era has seen,” Pruitt declared in an opinion piece co-authored by U.S. Sen. Rand Paul, a Republican from Kentucky. The piece was published in The Hill.

Pruitt, of course, is the man that President Trump later named to head the EPA, the same agency he was suing in multiple lawsuits. Pruitt said early on that he would not allow Obama’s WOTUS rule to go into effect.

Before it took effect, the WOTUS rule was tied up in the courts, including an injunction issued by the Sixth U.S. Circuit Court of Appeals in Cincinnati. Under the Clean Water Act, appeals courts can take primary action under certain conditions, but the U.S. Supreme Court agreed unanimously (PDF 923 kb) on Jan. 22 that the WOTUS rule is not one of these conditions.

And so the rule, originally scheduled to go into effect in August 2015, was put back into a confusing status, ready to go into effect in 37 states where it was not blocked by an injunction that covers 13 states under an order of the U.S. District Court in North Dakota.

“This is just all-out war. All-out litigation,” Vermont Law School professor Pat Parenteau was quoted as saying in an article by Ariel Wittenberg in E&E News. “This is good news for lawyers, but it is not going to be settled at all.”

Pruitt’s EPA then moved to finalize the Obama WOTUS rule on Jan. 31 but with an “applicability date” set for two years away. The announced intent was to overhaul the rule by pulling back federal jurisdiction over streams and wetlands.

“Today, EPA is taking action to reduce confusion and provide certainty to America’s farmers and ranchers,” Pruitt said in a news release. “The 2015 WOTUS rule developed by the Obama administration will not be applicable for the next two years, while we work through the process of providing long-term regulatory certainty across all 50 states about what waters are subject to federal regulation.”

In the interim, the EPA has announced that it will revert to previous policies and guidelines drafted following the confusing Supreme Court ruling.

You can guess what happened next. On Feb. 6, a total of 10 states, including Washington, plus Washington, D.C., filed a lawsuit in New York, claiming that Pruitt’s delaying tactics were illegal. The state officials, led by New York Attorney General Eric Schneiderman, argued that the federal government ignored the federal Administrative Procedures Act by adopting the revised rule without a meaningful comment period and in disregard of the Clean Water Act’s underlying intent of protecting the nation’s waters.

“The agencies have now suspended the Clean Water Rule without consideration of the extensive scientific record that supported it or the environmental and public health consequences of doing so,” the lawsuit (PDF 1.9 mb) says.

On the same day, the implementation delay was challenged in a separate lawsuit (2.6 mb) by two environmental groups, Natural Resources Defense Council and National Wildlife Federation.

“The Agencies’ only proffered rationale for the suspension is that it will promote regulatory clarity and certainty,” the lawsuit says. “In light of the administration’s open antipathy for the rule’s provisions, that rationale rings hollow. But it is also belied by the record. There is no evidence that suspending the rule will promote clarity or certainty, and ample evidence that suspending the Rule will create confusion and uncertainty.”

In Ariel Wittenberg’s story in E&E, Georgetown Law professor William Buzbee talks about how messy things have become.

“If the administration had taken the time to put out proposals that truly and fully engaged with the merits of the Clean Waters Rule and tried to come up with a new read, then it would be ordinary days in the courts,” he was quoted as saying. “But anything they do now, given their proposals, is likely to be legally vulnerable.”

Now the possibility exists that some courts could delay implementation of the original WOTUS rule while others reject the two-year delay. In any case, there is no end in sight to the legal battles, and nobody can be certain about what kind of projects will require federal permits.

Kitsap streams getting generally cleaner, but storms have an effect

Kitsap County’s streams are getting generally cleaner when it comes to bacterial levels, according to an annual water-quality report issued by the Kitsap Public Health District. But streams can have good years and bad years — and 2017 was not so good.

Let’s compare the annual report for 2016 to the newly released report for 2017, both found on the health district’s website. Reporter Tad Sooter offered a nice overview of the new report in a Kitsap Sun story on Friday.

Graph: Kitsap Public Health District

Before getting to the findings, it’s important to understand that there are two bacterial water-quality standards that must be met for a stream to get a clean bill of health. The first part calls for an average of no more than 100 bacteria per 100 milliliters of water (or no more than 50 bacteria if the water body has been designated “extraordinary”). The second part states that, regardless of the average, no more than 10 percent of the samples taken can exceed 200 bacteria per 100 milliliters of water (or 100 bacteria for “extraordinary” water).

It came as a surprise to me that in water year 2017 a total of 23 streams — or 35 percent of the 66 streams sampled — failed both water-quality standards. That’s worse than in water year 2016, when 25 percent of the 64 streams on the list failed both standards. (A water year goes from Oct. 1 to Sept. 30 of the next year.)

One reason that water quality got worse in 2017 was that rainy weather at times was more conducive to washing bacteria into the streams, according to Shawn Ultican, a water-quality expert with the health district.

“Bacterial levels were higher in general than we have seen them in the past few years,” Shawn said of the 2017 data. “We had more intense rainfall at times. We don’t think that suddenly more pollution sources have become a problem.”

Similar patterns also were seen in 2009 and 2010, he said.

More streams were deemed clean in 2016 than 2017. In 2017, 21 streams — 32 percent — met both of the water-quality standards, compared to 30 streams — 47 percent — the year before.

For discussion, I took a look at reports in 2008, when 38 percent met both standards, and 2013, when 29 percent met both standards. So it really does vary from year to year. And whether a stream is considered clean or polluted depends on recent rainfall and other fleeting factors. Consequently, much depends on when a water sample is taken, which is why health officials choose their sampling dates randomly.

Because weather plays an important factor in the bacterial counts, health officials tend to focus on long-term trends rather than on the results of individual water samples. Trends result from a statistical exercise using data collected each month over many years. For most streams, sampling has been going on for 22 years.

If the bacterial counts stay relatively the same over many years, the health of the stream is listed as “stationary.” If the numbers show a statistical trend, a stream will be listed as “worsening” or “improving.”

In 2017, five streams were listed as worsening: Coulter Creek in South Kitsap; Lofall and Kinman creeks in North Kitsap; and Stavis Creek and the Tahuya River, which drain into Hood Canal. You might consider Stavis Creek and Tahuya River to be statistical anomalies, because they are so clean that it takes only a few additional bacteria to result in an unwelcome trend.

Stavis Creek met both part 1 and 2 of the water quality standards in 2017, while the Tahuya River failed part 2 because of a few high counts. In 2016, both streams met both water-quality standards, so health officials aren’t worried about either stream at this point.

In 2016, 21 streams were listed as improving, compared to 18 streams in 2017. Olalla, Wilson, Barker and Chico creeks are among those that went from improving to stationary. Barker and Chico creeks are pretty clean, meeting both parts of the water-quality standards.

Tad’s story in the Kitsap Sun includes an interactive map that provides the status of each stream in Kitsap County monitored by the health district.

Lofall Creek, which includes drainage from the community of Lofall as well as upstream areas, has been giving health officials fits for years. Bacterial counts are high and getting worse, despite successful efforts to eliminate sources of pollution, such as failing septic systems and pet wastes.

Special tests are planned to see whether pollution in the stream is coming from pets, birds or ruminants, such as cows and deer, according to Ian Rork, an environmental health specialist with the health district who is assigned the cleanup of Lofall Creek and nearby Kinman Creek.

Health officials have long suspected that raccoons may be a source of the pollution, but they have no strong evidence. Raccoons are known to deposit their wastes in communal areas. As new development takes over uplands, these small animals may be pushed into remaining vegetated areas along the streams.

Last year, Ian began a new effort to work closely with residents of the community to see if they could take steps to discourage raccoons and other wildlife from congregating near Lofall. Steps people can take include making sure animals don’t have access to garbage, keeping barbecue grills clean and avoiding the intentional feeding of raccoons.

“The local residents have been so gracious and good to work with,” Ian told me, adding that most people are committed to solving the problem if only there were a clear answer.

For the 2017 report, Lofall Creek remains the most polluted stream in the county, followed by Ostrich Bay Creek in Bremerton; Olalla Creek and Burley Creek, both in South Kitsap; and Kinman Creek and Vinland Creek, both in North Kitsap.

The cleanest streams are Dewatto Creek, followed by Anderson Creek, Stavis Creek, Seabeck Creek, Salmonberry Creek, Big Beef Creek and Wright Creek. All drain into Hood Canal, except Anderson and Wright creeks, which drain into Sinclair Inlet, and South Kitsap’s Salmonberry Creek.

Climate change is expected to bring more intensive rainstorms, but how that will affect long-term trends in water quality is yet to be seen.

Amusing Monday: Amazing images through the magic of LIDAR

Spectacular images produced with the latest LIDAR technology ought to be considered works of art, at least in my humble opinion.

LIDAR software reveals current and historical stream channels for the Sauk River, a tributary of the Skagit.
Image: Washington State Geological Survey

The images on this page, which show geologic features in Washington state, were produced as part of a large-scale project to study the state’s geology. Funded by the Legislature in 2015, the project is largely designed to identify landslide hazards, but the LIDAR data has many wide-ranging uses for scientists, educators and political leaders.

Aside from LIDAR’s practical uses, I cannot get over how beautiful the images are, a feeling enhanced by the knowledge that the fine details reflect actual structures on the ground. All these images and 14 others are available as screensavers on the state’s LIDAR website.

At the Great Bend in Hood Canal, moving glaciers once carved out small hills, known as drumlins.
Image: Washington State Geological Survey

I asked Dan Coe, a GIS cartographer responsible for many of the final images, how much of an artist’s touch he uses when producing such amazing depictions of the landscape. Dan works for the Washington Geological Survey, a division of the Department of Natural Resources.

“There is definitely an artistic touch that is added to these images when they are produced,” he wrote in an email. “While each one is a bit different, depending on the landform featured, most follow a general process.”

LIDAR reveals changing stream channels where the Black and Chehalis rivers merge in Grays Harbor County. // Image: Washington State Geological Survey

LIDAR stands for light detection and ranging. When used from an airplane, LIDAR equipment shoots a laser beam along the ground. Sophisticated equipment and a computer interpret the reflected light as precise differences in elevation.

Dan blends the elevation data with other GIS layers provided by the software, including the outlines of landforms, shaded relief and water bodies.

“I then bring these layers into graphics software (usually Adobe Photoshop or Illustrator), where they are merged together,” Dan said. “This allows me to emphasize the features that are important to the viewer, usually with colorization and blending techniques.”

LIDAR reveals details of Devil’s Slide on Lummi Island in Whatcom County that cannot be seen otherwise.
Image: Washington State Geological Survey

The primary purpose of the images is to translate the science for a nontechnical audience, he said. That’s not to say that scientists don’t appreciate the effort, but the colorful images are somewhat simplified from the more detailed LIDAR data, he added.

“If done well, they are a good example of the ‘a picture is worth a thousand words’ adage,” he said, “and can go a long way to bridging the gap between science and public understanding.”

When it comes to his choice of colors, he acknowledges that he strives for a bit of a “wow!” factor, while enhancing the contrast “to draw the viewers eye and to emphasize the features more clearly.”

The video at right offers a good description of how LIDAR works. Early uses involved examining the topography and geology of an area with the trees stripped away. The surprising images revealed unknown features on the ground — including a piece of the Seattle fault at the south end of Bainbridge Island, where an earthquake raised Restoration Point about 20 feet some 1,100 years ago.

Since then, LIDAR has been refined for greater image resolution, and the improved software is providing new ways to interpret the data. For example, relative elevation models, or REMs, help to better visualize changes in river flows over time. The baseline elevation (0 feet) is defined as the surface of the river, so old river channels emerge as slight changes in elevation. Dan explains the REM process (PDF 16.5 mb) in a poster on the LIDAR website.

The mysterious Mima Mounds southwest of Olympia, as shown with LIDAR
Image: Washington State Geological Survey

The early use of LIDAR for revealing unseen geology has gradually given way to much broader applications. At first, the returning light that reflected off trees and vegetation was considered useless “noise” to be filtered out by computer. Later, scientists discovered that valuable information could be found within that noise — such as the size and type of trees and other vegetation growing in specific areas. These uses are explained in a video called “Introduction to Light Detection and Ranging.” Both videos mentioned in this blog post were produced by the National Ecological Observatory Network, or NEON, which is researching conditions and changes in ecosystems across the country.

A little-known lava flow, called West Crater, can be seen easily with LIDAR. The site is between Mount St. Helens and Mount Hood in Gifford Pinchot National Forest in Skamania County.
Image:Washington State Geological Survey

As Coe and his colleagues find new uses for LIDAR, they are also looking for new ways to encourage the public to understand the process and results. A nice two-page summary about the LIDAR program (PDF 2.6) can be found on the state’s LIDAR website. The website also includes descriptions of how LIDAR can be used in geology, forestry, graphics, navigation, meteorology and fire management, land-use planning, archeology and agriculture.

The page also includes an interactive story map called “The Bare Earth,” which takes you through various geological features. Interesting comparisons between LIDAR images and aerial photos of the same areas are shown in the story map.

Rains bring chum salmon back to their home streams

Salmon appear to be on the move in several local streams, thanks to the recent rains and increased streamflows. Wetter conditions no doubt triggered some of the migratory fish to head back to their spawning grounds.

A pair of chum salmon make it up Dickerson Creek, a tributary of Chico Creek. // Video: Jack Stanfill

It is still a little early in the season for coho and chum salmon to be fully involved in spawning activity, and there is plenty of time for people to get out and observe their amazing migration.

Salmon-watching is often a hit-or-miss situation, although Chico Creek is usually the best bet. After hearing several reports of chum moving upstream, I went out this afternoon to look in several local streams. Unfortunately, I did not get there before the rains stopped. What I saw in Chico Creek and other streams was fish milling about in deep pools, seemingly in no hurry to move upstream. Additional rains and streamflows are likely to get the fish fired up to move in and upstream more quickly.

Jack Stanfill, who lives on Dickerson Creek, a tributary of Chico Creek, said at least two adult chum reached his property today. Several restoration projects along Dickerson Creek probably helped the fish get upstream earlier than we have seen in previous years.

Jon Oleyar, who monitors the salmon migration for the Suquamish Tribe, told me that chum don’t normally get into Dickerson Creek until two weeks after they get into the upper reaches of Chico Creek. “This might be one of the earliest times ever,” Jon said.

As for other streams, the tribal biologist said he has seen early chum in Curley and Blackjack creeks in South Kitsap.

Viewing suggestions for this weekend:

  • Chico Creek: Chico Salmon Park (Facebook) along with a location just above the culvert under Golf Club Hill Road off Chico Way. Also check out the bridge near the 19th Hole Tavern on Erland Point Road and the access at the end of Kittyhawk Drive.
  • Dickerson Creek: Salmon Haven overlook on Taylor Road, off Northlake Way.
  • Curley Creek: Bridge on Southworth Drive near the intersection with Banner Road.
  • Blackjack Creek: A new bridge at Etta Turner Park between Port Orchard Ford and Westbay Center on Bay Street.
  • Gorst Creek: Otto Jarstad Park on Belfair Valley Road, where a new beaver dam has created a sizable pool of water, The dam may be limiting the migration of coho and perhaps blocking most of the chum.

Note for salmon-watchers: This year’s Kitsap Salmon Tours will be held in two weeks, on Saturday, Nov. 4. This year, the popular event has been expanded to seven locations. For details, go to the Kitsap WSU Extension website.

It appears that the chum coming into streams on the Kitsap Peninsula this year are noticeably larger in size than normal, perhaps in the 10- to 10.5-pound range, Jon Oleyar told me. That exceeds the normal 8- to 10-pound size for chum, he said.

Orca Network reported today that some of our Southern Resident killer whales have been foraging this week off the Kitsap Peninsula as well as in other areas not easily identified because of the dark, stormy weather we have had. Let’s hope the orcas can find enough food to stick around awhile.

On Sunday, a small group of whales from L pod showed up in the San Juan Islands for the first time this year. Normally, these whales — L-54 and her offspring along with males L-84 and L-88 — would be seen numerous times during the summer, but this was a highly unusually year. They were seen this week with J pod, which hasn’t been around much either.

On Monday, reports of orcas near Kingston and Edmonds suggested that the whales had moved south. They were later spotted near Seattle and then again near Kingston on Tuesday, when they headed out of Puget Sound by evening.

It is often said that the orcas will go where the salmon are. They are known to prefer chinook when their favorite fish are available, but they will switch to chum after the chinook run is over. It will be interesting to how much time the whales spend in Central and South Puget Sound, where chum are more plentiful.

The total number of chum salmon predicted this year — including those harvested along the way — is expected to be lower than last year. Still, there is hope that the preseason forecast will be exceeded by the actual return. The total predicted for Central and South Puget Sound is 433,000 chum, with 85 percent returning to streams and 15 percent coming back to hatcheries.

Last year, the total predicted run was 526,000 chum, about 21 percent higher than this year. Typically, the number of chum returning in odd-numbered years is lower than in even-numbered years, other things being equal. That’s because odd-numbered years is when the vast majority of pink salmon spawn, resulting in increased competition and lower survival for the young chum. Smaller numbers of juveniles mean fewer adult chum that return four years later during another odd-numbered year, continuing the cycle.

Most of the difference between last year’s and this year’s chum run can be accounted for in the odd- versus even-numbered years, said Aaron Default of the Washington Department of Fish and Wildlife.

It is too early in the season to update the preseason forecast based on commercial and tribal fishing that has taken place so far, Aaron said. As usual, fishing seasons are likely to be adjusted up or down when more information becomes available. The main goal is to make sure that enough fish make it back to sustain and potentially increase the salmon population.

Amusing Monday: celebrating the nation’s wild and scenic rivers

The value and enjoyment of rivers throughout the United States will be highlighted over the next year, as the Wild and Scenic Rivers Act approaches its 50th anniversary on Oct. 2, 2018.

Some 12,700 miles of rushing waters are protected on 208 rivers designated in 40 states plus the Commonwealth of Puerto Rico. A Wild and Scenic River designation is the strongest protection for rivers in our country, safeguarding clean water, recreation, fish and wildlife, and cultural heritage, according to American Rivers, an environmental group focused on river protection. Check out the webpage “Why do we need wild rivers?”

“Free-flowing rivers create natural riparian areas that foster healthy, abundant, and diverse wildlife and are the centerpieces of rich ecological processes,” according to a news release from the National Parks Service. “Recreationally, free-flowing rivers offer unparalleled inspirational experiences from challenging whitewater to placid fishing. Through the arterial connections of rivers to communities, we all live downstream of a Wild and Scenic River.”

The first video on this page, called “Make Your Splash,” celebrates a family enjoying water recreation. It was produced by the Park Service in conjunction with three other federal agencies and several nonprofit organizations.

To call attention to the importance of wild rivers, American Rivers has launched a program called “5,000 Miles of Wild” with the goal of putting an additional 5,000 miles of wild rivers into protected status.

As part of the effort, the organization is working to collect 5,000 stories from people around the country who have a place in their hearts for special rivers, as explained in “About the campaign.” The second video, “5,000 miles of wild,” promotes the campaign.

I think you will enjoy the personal stories about rivers and the photos submitted to the page “My River Story.”

I would like to see more submissions from people in Washington state, because we have some of the most beautiful and productive rivers in the U.S., and I know there are many personal connections to these special places. Among the Washington folks submitting stories is Paul Cain of Bow, who applauds the efforts of state fish and wildlife officers in an encounter along Samish River in North Puget Sound. Also, Peggy File talks about growing up on the Skagit River, one of the rivers designated wild and scenic.

Former President Jimmy Carter offers a testimonial about taking his own life into his hands on the Chattooga River, which flows from North Carolina into Georgia. The powerful river, he said, “kind of opened my eyes to a relationship between a human being and a wild river that I had never contemplated before.”

As president, Carter said he vetoed about 16 different dam projects throughout the country, because he believed they were counterproductive to the well-being of Americans.

American Rivers has compiled a list of rivers that warrant protection on its page “What is the 5,000 Miles of Wild campaign?” In Washington, protections are proposed for 688 miles of rivers in the North Cascades, including the Nooksack River, and 454 miles of rivers in the Olympic Mountains (Wild Olympics Campaign).

Fiftieth anniversary water bottle, Cafe Press

For existing wild and scenic rivers, take a look at the U.S. map or the map of Washington state. Other information is compiled on a government website called “National Wild and Scenic Rivers System.” The website also has a page with information about the 50th anniversary celebration. One can even purchase a variety of clothing and products showing off the 50th anniversary logo from Cafe Press.

An audio project by American Rivers was composed by intern Annemarie Lewis, who worked this past summer in the Colorado River Basin. She talks about culture, history and science of rivers, as related by a variety of people closely connected to this issue. The project is called “We are rivers: Conversations about the rivers that connect us.”

Speaking of American Rivers projects, I got a kick out of a video completed in 2015 called “50 Favorite Things We Love about Rivers.” See Water Ways, Feb. 23, 2015.