U.S. Water News Online
OLYMPIA, WASH. -- The Washington Supreme Court has ruled against a common use of a state water law exemption that makes rural property development easier.
The exemption allows a single well to draw as much as 5,000 gallons of water per day without a water-right permit from the Department of Ecology. In a 5-4 decision, the court ruled that developers can't drill multiple wells that each draw less than 5,000 gallons but collectively draw more than the limit.
``The Legislature did not intend unlimited use of the exemption for domestic uses, and did not intend that water appropriation for such uses be wholly unregulated,'' Justice Barbara Madsen wrote for the majority.
State Attorney General Christine Gregoire argued the exemption was intended for a single home or farm, not large subdivisions.
Kristopher Tefft, an attorney for the Building Industry Association of Washington, said builders and developers in rural areas will be hamstrung by the ruling.
``This decision will make rural growth and economic development more difficult and costly,'' Tefft said. ``And it will stifle efficient development to the detriment of affordable housing.''
With a backlog of applications for water right permits now exceeding 7,000, developers say they have few options for quickly supplying new homes with water.
State officials are reluctant to issue new water rights in many areas of the state, where they fear streams are already too low for struggling salmon stocks.
Environmental groups applauded the court's decision.
``Anybody who wants to use a large amount of water has to go through a process to show that there is water available -- and that using that water isn't going to harm existing water right holders or the environment,'' said Michael Rossotto, legal director for the Washington Environmental Council.
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