Ecology Water Right permitting process in progress. Mitigation for pond development required to be in place by Jan 1,2019.

Mitigation Requirement (per Ecology Report)
'The approval of this reservoir permit is contingent on development and testing of an acceptable Mitigation Plan finalized within 5 years when Completion of Project is due. If the Mitigation Plan is not developed to the satisfaction of the Department of Ecology within five years the permit will be cancelled and a certificate will not be issued. The elements of the Mitigation Plan must address all actions necessary to implement, monitor, maintain, and report on the effectiveness of the Mitigation Plan, in perpetuity.
The Mitigation Plan shall be submitted to ecology as a written document and address restoration of the Fish Trap Creek watershed hydrology. It shall entail reconfiguring the dam outlet(s) to ensure stream flows to hydrate Fish Trap Creek, and/or releasing flows at times when water is needed to maintain life functions of anadromous fish downstream.'

Partly rebuild earth dam and install valve for release of lake water to re-charge stream channel and freshen Cayou Lagoon

The primary source of freshwater flowing into the Deer Harbor Estuary historically was Fish Trap Creek. This seasonal creek drains roughly three quarters of the land area of the 740-acre watershed. The severe reduction in natural flow rate is primarily due to development activities in the watershed. The loss of stream inflows is negatively affecting the lagoon as is the channel constriction. Fish Trap Creek is blocked by a 5-acre artificial reservoir constructed in 1999 at the headwaters of the Deer Harbor system. Impoundment has reduced Fish Trap Creek to a trickle even in winter and diverted all annual precipitation at the headwaters from Deer Harbor to West Sound. The earth dam of the lake needs to be partly rebuilt and a reliable valve is to be installed so the lake water can be released downstream as needed. The lake may also require some re-alignment so it can act as a large enough reservoir to provide for summer releases. This work would re-charge 3 miles of stream channel and freshen the lagoon. The landowner is willing to resolve the flow issues. Kwiáht can continue to take the lead on this project, although it is anticipated that it will be a team effort with the Wild Fish Conservancy, Ducks Unlimited, People for Puget Sound, and/or possibly others. Significant design work ($75,000+) must precede construction. Absence of fish in this system is an argument against high priority for now, but a countervailing consideration is the already-funded restoration of Cayou Lagoon, which additional fresh water inputs will enhance.