County repeals controversial zoning ordinance that threatened the lands and waters around the Wild & Scenic White Salmon River.
By Ralph Bloemers, Staff Attorney
For over three years, river advocates have been celebrating the removal of Condit Dam from the White Salmon River in Washington State. The river is not only famous for its amazing whitewater but also for the restoration of its lower gorge into a freely flowing river. Yet while we have been celebrating this momentous achievement, significant threats to the lands and waters that feed the river’s tributaries, seeps and springs loomed. Now, after six years of legal battles, Klickitat County has repealed its controversial zoning proposal that threatened to greatly increase sprawl along the river.
As steps were being taken to remove Condit dam, local citizens were in the midst of a legal 
battle over the future of the farm and forestlands along the banks of the White Salmon River that were proposed to be restored. In 2009, Klickitat County moved forward with a proposal to allow increased residential development on over 1,000 acres in and around the small rural enclaves of BZ Corner and Husum. The rezone would have allowed for a ten-fold increase in development and allowed minimum lot sizes of 2 acres.
Under the new zoning scheme, there would be hundreds of new water wells and septic systems in and around the river and its tributaries. Given the interconnected nature of the shallow aquifers and the numerous seeps, springs and tributaries that feed the river, these news wells and septic systems threatened the water quantity and quality on the river. Development along the rivers banks directly threatened the clean, cool water that is critical for the recovery of trout and salmon in the river, which are the features for which this river was designated under the Wild & Scenic Rivers Act.
Despite strong opposition from the public, state agencies, the Yakama Nation, the Forest 
Service and conservation groups, the county forged ahead with its decision to rezone. The river was flowing free again, but now sprawling development was directly threatening the river. After all the work people put in to restore the White Salmon River, local citizens felt they had no alternative but to stand up and challenge the County’s short-sighted plans in court.
The Friends of the White Salmon River and the Friends of the Gorge retained the Crag Law Center to bring a legal challenge the County’s decision. As Condit Dam came down piece-by-piece in June 2012, we moved to file suit in Washington Superior Court. Local residents testified how the scheme personally threatened their private property and water supplies. Crag retained experts who explained how the river, its tributaries and the fish and wildlife that depend on the river would be impacted by rural sprawl along the river. The groups alleged that the County had violated the state environmental laws and constitutional protections for private property.
In the summer of 2013, Superior Court Judge Barbara Johnson agreed with the groups and held that the county’s extensive rezoning plan was unconstitutional, illegally giving individual landowners the right to increase the development densities on their land. The court also held that the County failed to disclose the zoning scheme’s signification impacts on fish, wildlife, and water supplies. The Court ruled that the County must prepare an Environmental Impact Statement consistent with Washington law and consider alternatives that are consistent with the Wild & Scenic character of the river.
Instead of accepting the Court’s ruling and working with the public and the community to develop alternatives, the County appealed. The Friends of the White Salmon River and the Friends of the Gorge opposed the appeal and the case was presented to the Court of Appeals earlier this year. Then, in an unexpected turn, in early June the County decided to repeal the controversial ordinance wholesale. This repeal is scheduled to be effective on July 20, 2015. As part of its repeal, the County reneged the agreement it reached with the Yakama Nation to protect cultural resource in the valley. The County did not indicate what it plans to do in the future for its zoning plan.
While the White Salmon River has proven yet again that it is the little river that could, the fight is far from over. The removal of the Condit Dam was a huge achievement – and we are proud of this work. The future of the river will be determined by the fate of the land in and around it, and one thing is clear, Klickitat County does not appear to be inclined to take action to protect the river from unsustainable development. The community will need to remain vigilant and, for those folks that care about the river, they would be wise to support the Friends of the White Salmon River and Friends of the Columbia River Gorge to continue to watchdog this special place.
The Friends of the Columbia Gorge are essential to this battle. Most people don’t even remember the series of dams that were planned for the river and the impossible battle it took to stop the projects proposed by our own local PUD. Most people don’t remember how the White Salmon and Klickitat Rivers were even considered for protection. Most people certainly don’t remember the parts that were lost because of compromise and manipulation. The rivers are not protected. It is up to the Forest Service and the county to implement the act. They are not interfering with development along the river. The county not only proposed chopping it all up, they are very lax about zoning period. There is constant pressure to control local groups that speak out. The heart of the White Salmon scenic management plan depends on a land trade between the forest service and a local timber company. That trade has not been accomplished. It came as close as lands being identified for the trade and still mysteriously dissolved. It is essential that the Friends of the Columbia Gorge get involved in seeing that the trade takes place. We have just lost a major part of the Columbia Gorge. An area that will probably never return with global warming and population pressures and stresses. It is more critical than ever to protect the tributaries that still have intact systems and habitat. There is simply too much money involved to leave it to local groups that can be easy targeted by special interests. Please donate to the Friends of the Columbia Gorge and CRAG Law. They are increasingly becoming the only hope left for the White Salmon and Klickitat Rivers.