Valley lawmakers object to EPA's role in dirty wells issue

While publicly acknowledging a drinking-water problem in their district for the first time, Lower Yakima Valley legislators said Monday that the federal government has no business getting involved in a solution.

"This is state, not federal, water," Rep. Bruce Chandler, R-Granger, said in a telephone interview.

Chandler and Sunnyside Republicans Rep. Dan Newhouse and Sen. Jim Honeyford said in a letter to Gov. Chris Gregoire that the federal Environmental Protection Agency overstepped its authority by conducting a meeting in Zillah last week to explore solutions to shallow drinking wells with high levels of nitrates.

In the first meeting of its kind, the EPA led about 15 local, state and federal agencies with a hand in water-quality and health in a brainstorming session on ways to attack the problem.

"We urge you to clarify to the EPA that leadership on this matter most appropriately resides with the Washington state Department of Ecology," the 15th Legislative District members said.

EPA responded by suggesting that the lawmakers are late to the problem and public confidence could be eroded by suddenly turning the matter over to the Ecology Department, which in the past has not been aggressive about responding to the problem.

"To draw a dividing line between EPA and other agencies, that's not needed," said Marie Jennings, drinking water manager. "I think we need to look at all resources available to address this problem."

Jennings said EPA has grant and loan programs that could finance public water systems if that turns out to be a long-term solution. She added that the agency is already well acquainted with water quality in the Lower Valley because it has jurisdiction over drinking water on the Yakama reservation.

While the legislators' opposition to federal intervention isn't unexpected, the letter marked the first time they agreed something needs to be done.

"A response is warranted in this situation, but not from a federal agency based in Seattle," Honeyford said in a news release accompanying the letter.

A series of Yakima Herald-Republic stories in October prompted the EPA meeting. Newhouse said the stories brought needed attention to the matter. "(The Herald-Republic) brought this to the forefront," he said.

The series showed how a wide range of local, state and federal agencies has done little to remedy the contaminated groundwater that thousands of rural residents, including many low-income farm workers, depend on for drinking water. Thursday's hearing by the EPA was the first time that all agencies gathered to discuss the problem.

Tom Tebb, the Ecology Department's regional director in Yakima, attended the meeting and called it successful in a statement issued Monday.

"As a result of the meeting, Ecology, the state departments of Agriculture and Health, and Yakima County have agreed to work with EPA to develop a strategic plan that addresses immediate health concerns by seeking alternative sources of drinking water for those most affected, and provide a broad-based information and outreach effort on risks associated with these contaminants in both Spanish and English."

The legislators said the "best solution" would be to create a regional authority, such as a groundwater management area similar to one set up by four counties in the mid-Columbia Basin.

Nitrate levels in groundwater in Grant, Adams, Franklin and Lincoln counties have leveled off since the area began a program more than seven years ago to modernize irrigation practices and track the flow of groundwater.

"It's proven successful before," Chandler said in a telephone interview.

Yakima County Commissioner-elect Kevin Bouchey, who attended part of the EPA meeting last week, said he'd consider supporting a groundwater management area. The Washington State Dairy Federation is behind such an area as long as golf courses and other users of commercial fertilizer rich in nitrogen participate.

Others say a groundwater management area takes too long to establish and can be costly. The Columbia Basin area, which receives grants and earmarks from state and federal agencies, is seeking another $2.5 million from the 2009 state Legislature to continue its main project, mapping the underground aquifers.

Nitrate contamination comes from multiple sources, including livestock manure, failing septic systems, old wells in disrepair and commercial fertilizer. It is a particular problem in the Lower Yakima Valley, where wells are shallow and the soil is highly porous.

Nitrates are often an indicator that other contaminants are present, such as bacteria and pathogens. Nitrates pose a health risk to infants, pregnant women and people with chronic disease.

Despite the looming budget shortfall for the fiscal year that starts next summer, Chandler said the state is still projected to see an increase in revenue of about $1.5 billion and can afford to make sure people have clean water.

"It's not that we don't have any money. Safe drinking water is a core issue," Chandler said.

He added that helping residents drill deeper wells into clean aquifers may be a reasonable and more affordable solution than financing construction of public water systems. The Outlook elementary school drilled a deeper well a year ago after discovering nitrates exceeded the federal safety limit.

The legislators said they think Gregoire will agree with them that the state should lead a solution to the water-quality problem. Gregoire's office said it hasn't yet received the letter and couldn't comment.

Jessica Gleason, a spokeswoman for U.S. Rep. Doc Hastings, R-Pasco, said he has been following the issue closely.

"Doc is aware there needs to be a solution," she said, noting that he secured funding over the years for the Columbia Basin Groundwater Management Area.

She also said having the EPA host a meeting of agencies "isn't necessarily a bad thing, though Doc has always said those closest to a problem are better able to solve it."

* Leah Beth Ward can be reached at 577-7626 or lward@yakimaherald.com.