Pond water off-limits for Lopez garden

Officials from the state Department of Ecology went to Lopez Island last year looking for trouble. They found it on Paradise Road.

On the south end of the island at Bay View Garden, Greg Stegman and Paul Fabiniak of Ecology’s Northwest regional office discovered a network of ponds irrigating an elaborate ornamental garden, and that water from wells on the property may have been tapped to replenish the ponds.

Additionally, Ecology investigators found Michele and Steve Heller had sold plants grown in the garden on their 15-acre parcel. The size of the garden, its commercial use and its reliance on pond water runs afoul of state restrictions on water.

In a letter issued Dec. 7, Stegman spelled out the law and asked the Hellers’ cooperation in complying.

“As far as I know right now they are in compliance,” said Stegman, compliance coordinator of Ecology’s Northwest region. “But we had concerns and they (Hellers) are now applying for new water rights.”

The Hellers’ neighbor, Brett Stewart, also has concerns about water consumption next door and its impact on his well. It was Stewart’s complaint that prompted Ecology’s inspection of the garden in September. He said his well dropped 60-feet below normal after an excessive amount of water was pumped from the neighbor’s well last summer.

“Our static level has never been down that low before,” he said, adding the metered-well on his neighbor’s property showed 331,000 gallons were drawn during the summer. “We couldn’t use that much water in a decade.”

Without water rights, state law prohibits the use of surface water — like ponds — for irrigating commercial gardens or nurseries, and restricts water allowed from exempt wells to less than one-half acre and 5,000 gallons per day for non-commercial gardening.

In April, the Hellers applied for water rights under Ecology’s new fast-track program. The Cost Reimbursement process allows applicants speedy access to water rights if they are willing to pay the price. They must reimburse the costs of engineers the agency hires to study water resources in the area and for processing any pending applications of others in the vicinity.

“It’s not an inexpensive program,” said Ecology’s Fabiniak. “A simple one was done in Island County and it cost about $10,000.”

Nevertheless, Michele Heller said the program offers the only alternative to comply with the law and use pond water for irrigation. She said the garden is equipped with a drip-system that conserves water, and using ponds to irrigate instead of well-water protects ground water reservoirs. She said Denny Martel of Martel Well Drilling, who drilled the couple’s second well and continues to monitor its capacity, believes a rich supply of water lies under the garden.

Heller questions the accuracy and the motivation behind her neighbor’s complaint. Static-level tests of her wells showed no sign of dramatic water loss that coincides with Stewart’s allegations, she said. Stewart declined her offer to pay for monitoring of his well, she added.

“We’ve got our heart and soul into this place, just like they do,” Heller said of the dispute. “We want to play by the rules but he (Stewart) doesn’t want any solutions.”

Heller said Ecology officials are supportive of the garden’s irrigation system and expects their approval of the water rights application.

“We have the historical data to show we can use a limited amount of pond water to irrigate and it wouldn’t make sense to have to use well water to irrigate the garden, that’s what we’ve been trying to avoid.”

Still, Stegman of Ecology said approval of the application and subsequent issuing of water rights depends on the process; the study of water resources, hydrologist reports and comments about the proposal.

“It’s a public process that gives everyone a say about what’s going on and for us to investigate,” Stegman said. “It’s not a done deal and it could be denied.”

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