Notice of Decision
NOTICE IS HEREBY GIVEN that the City of Sumner has issued a MDNS for a SEPA application for the Foster Pilot Water Rights Application and Trust Water Rights Change of application. Additional details can be found below and with the project documents.
The public has the right to review the contents of the official file for the proposal, provide written comments, and request a copy of the final decision.
Comments may be emailed to the staff contact below, submitted or mailed to the attention of Scott Waller at 1104 Maple St. Sumner, WA 98390. Comments will be accepted if filed with the Development Services Department on or before June 5th, 2026.
Project Name: Foster Pilot Water Rights Applications and Trust Water Rights Change
Permit Application Number: SEPA-2026-0003
Location: Sumner City Limits, Water Service Area and Urban Growth Area
Parcel(s) #: City Wide
Description of Proposal: The City of Sumner is applying for additional water rights and changes to two of its existing water rights to serve current and future growth demands. The City’s water right applications G2-30534, CG2-21980C, and CG2-23281C, are for a deep aquifer well and additional points of withdrawal to meet projected water demands. To mitigate for the water withdrawal effects on surface water, the City has purchased multiple existing water rights and proposes to place them in a permanent trust to provide in‐kind mitigation. In addition, out of kind mitigation through the White River Restoration project (WRRP) is provided.
Applicant: City of Sumner, Ryan Johnstone, 1104 Maple Street, Sumner, WA 98390
Date of Application: April 3, 2026
Date of Complete Application: April 3, 2026
Hearing Date: No hearing is scheduled for this SEPA
Location/Zoom Link: NA for SEPA
Zoning: Project takes place across the City of Sumner, see water service area and infrastructure map in SEPA checklist
SEPA: MDNS issued May 22, 2026
Other Required Permits:
-Washington State Department of Ecology, Water Resources Section, approval of Foster Pilot water right applications and trust water right change applications.
-Compliance with all State and Federal regulations
Associated Documents:
Comment Period(s): Any persons desiring to submit written comments concerning this decision may submit written comments to Scott Waller of the Development Services Department. City of Sumner, 1104 Maple Street, Sumner, WA 98390 no later than June 5, 2026
Staff Contact: For comments/questions, please contact Scott Waller, Senior Planner, 253-299-5527, scottw@sumnerwa.gov
MITIGATED DETERMINATION OF NON-SIGNIFICANCE
Proposal: The City of Sumner is applying for additional water rights and changes to two of its existing water rights to serve current and reasonably anticipated future growth demands. The City’s water right applications G2-30534, CG2-21980C, and CG2-23281C, are for a deep aquifer well and additional points of withdrawal to meet projected water demands. To mitigate for the water withdrawal effects on surface water, the City has purchased multiple existing water rights and proposes to place them in a permanent trust to provide in‐kind mitigation. In addition, out of kind mitigation through the White River Restoration project (WRRP) is provided.
Applicant: City of Sumner, Ryan Johnstone, 1104 Maple Street, Sumner, WA 98390
Project Number: SEPA-2026-0003
Location of Proposal: Sumner City Limits, Water Service Area and Urban Growth Area
Parcel Number(s): City Wide
Lead Agency: City of Sumner
The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request.
This DNS is issued under 197-11-340 (2); the lead agency will not act on this proposal for 14 days from the published date below. Comments are due June 5th, 2026 and a decision subject to appeal shall be pursuant to SMC 16.04 and SMC 18.56.
Responsible Official: Ryan Windish
Position/Title: Community & Economic Development Director
Phone: (253) 299- 5524
Address: 1104 Maple Street Suite 250, Sumner, WA 98390
Published Date: 05/22/2026
Questions: Scott Waller, Senior Planner: scottw@sumnerwa.gov 253.299.5527
Findings of Fact:
Environmental documents previously prepared and related to this proposal include the following and are adopted by reference for this project and may be made available upon request:
• White River Restoration Project (WRRP) SEPA-2021-0045 MDNS and associated documents issued December 1, 2021, and modified January 6, 2026.
• City of Sumner Comprehensive Plan dated January 6, 2025
o FEIS dated January 6, 2025, completed for the City of Sumner Comprehensive Plan.
City of Sumner Water System Plan dated August 2020 and associated SEPA documents.
SEPA MITIGATION MEASURES
The City’s commissioned a mitigation plan for this project and consulted with the Department of Ecology (Ecology), Department of Fish & Wildlife, Muckleshoot Tribe, and Puyallup Tribe of Indians in its review. The final mitigation plan has been filed with the Ecology and its proposed mitigation measures are expected to be incorporated by Ecology as conditions of approval of the City’s water right applications G2-30534, CG2-21980C, and CG2-23281C.
- Avoidance of impacts to instream flows shall be provided by compliance with state water use efficiency standards and the City’s Water System Plan, and by restriction to certain groundwater source pumping scenarios described in the City’s water rights mitigation plan.
- In-kind mitigation for impacts to instream flows in the Lower White River and the Puyallup River downstream of the confluence with the White River shall be provided through the placement of purchased water rights into a permanent trust. These rights include the following:
a. CS2-SWC11173(B), in the name of Estate of Helen Lomcke Perfield, for 0.19 cfs, 38.6 acre-feet/year;
b. CS2-SWC2451, in the name of Joseph P. Clerget, for 0.16 cfs, 29.51 acre-feet/year;
c. CS2-SWC3752, in the name of Paul Moceri, for 0.76 cfs, 90.3 acre-feet/year;
d. CG2-00332SWRIS, and CG2-00333SWRIS, in the name of Fibreboard Products, Inc., for a total of 700 gpm, 1120 acre-feet per year.
The total quantity of water rights to be transferred to the Trust Water Program is subject to findings of scope and validity by Ecology. - Out of kind mitigation shall be provided through the White River Restoration project (WRRP).
- If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non- forensic. If the county medical examiner/coroner determines the remains are non- forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.
- Work shall immediately stop and the City of Sumner, the State Department of Archaeology and Historic Preservation (DAHP), the Puyallup Tribe of Indians, and the Muckleshoot Tribe shall be immediately notified if any artifacts of possible historic, cultural, or archaeological value are uncovered during excavation. In such cases, the developer shall be required to provide for a site inspection and evaluation by a professional archaeologist or historic preservation professional, as applicable, in coordination with the state and/or affected tribes to ensure that all possible valuable historic, cultural, or archaeological artifacts is properly protected or salvaged.
