Washington Business Fall 2017 | Legislative Review & Vote Record | Page 14

2017 legislative review
In the 6-3 decision, the court ruled that
under the GMA, counties must make their
own determinations about adequate water
supplies before issuing a building permit
that relies on a well.
Before the Hirst decision, counties
relied on regulations adopted by the
Department of Ecology (DOE) for such
water resource decisions.
Small, household wells ( limited to
5,000 gallons per day, but typically used
for 300-400 gallons per day of household
use) are common in Washington state and
are exempt from water rights permitting
requirements because their overall impact
is regarded as minor. The DOE estimates
that 17,200 wells were drilled from 2008 to
2014, and statewide exempt wells represent
only 0.9 percent of overall consumptive use.
The Washington State Association of
Counties estimates the implementation
costs statewide would be about $25
million annually.
the fallout
“I have made a concerted effort to hear stakeholders
out and understand their concerns, but I have been
clear that we need a solution to this problem this
year. Families cannot wait.”
Without a legislative fix, the Hirst decision
will have significant impacts in rural
Washington. During the legislative session,
lawmakers heard testimony from citizens
who bought property and designed a home,
— Sen. Judy Warnick, R-Moses Lake
and even drilled a well but were then denied
a building permit.
“We are technically homeless because we are thousands and thousands (of dollars) into this project. We have
septic and electric, but we can’t have our building permit. I’m going to get on my knees and beg you to fix this,”
said Whatcom County landowner Zach Nutting testifying at a Jan. 24 hearing before the Senate Agriculture,
Trade, Water and Economic Development Committee.
Nutting then dropped to his knees, placed his hands in a prayer position, and begged lawmakers to act on
legislation to address the ruling so he could build his family’s home on their five-acre parcel.
“Because of the confusion and potential costs the ruling created, some counties now require building permit
applicants to sign a disclaimer in case the county’s water availability decision is later ruled unlawful,” said Mike
Ennis, AWB government affairs director for water issues. “This creates a significant consumer protection risk
for rural landowners and practically invites litigation.”
12 association of washington business