Dan Partridge, communications manager, Water Resources Program at the WA. Dept. of Ecology reports:
The state Supreme Court has reaffirmed local governments obligations to ensure groundwater protection when making land use decisions.

In Kittitas County vs. EWGHMB, the court on July 28, 2011, upheld a decision of the Eastern Washington Growth Management Hearings Board that Kittitas County violated the Growth Management Act. The county was not preventing subdivision applicants from using more than one permit-exempt groundwater well per development. Washington allows the drilling of wells without a water right permit provided that groundwater withdrawals are limited to 5,000 gallons per day.

In considering Kittitas Countys appeal of the hearings board decision issued in 2007, the Supreme Court ruled that the county failed to protect groundwater resources by approving side-by-side subdivision proposals allowing developers to evade legal limits on the use of permit-exempt wells.

Protection of existing water rights
This could come at a great cost to the existing water rights of nearby property owners, even those in adjoining counties, if subdivisions and developments overuse the well permit exemption contrary to law, the court said in a 6-3 decision.

Water Resources Program Manager Maia Bellon said counties obligations in determining the legal availability of water in addition to the physical availability of water when making land use decisions is nothing new.

Land-use decisions, water availability linked
The decision recognizes the critical importance of marrying land-use decision-making with water supply and its availability. Those are and should be inextricably linked, Maia said in news stories following the ruling.

“A link to the Supreme Court decision is available on Ecologys Web page for the Water Resources Advisory Committee.”

Read more from Ecologys ECOconnect.

Read more from Four Winds10.com which posted an excellent summary of the case JZ Knight vs. City of Yelm now before the WA. Supreme Court.

Reprinted from JZ Knight.com. Copyright 2011 JZ Knight.
Used with permission.

The Washington Supreme Court conducted a live hearing on Thursday, May 26, at 9:00 a.m. (PDT) in Case No. 84831-9, Knight v. City of Yelm.
Click here for the video archive of the 45 minute hearing, from TVW, Washington Public Affairs Network.

Ed. Note:
These are major statements that are certain to ultimately have an impact here in Yelm:

1. “The state Supreme Court has reaffirmed local governments obligations to ensure groundwater protection when making land use decisions.”

2. Water Resources Program Manager Maia Bellon said counties obligations in determining the legal availability of water in addition to the physical availability of water when making land use decisions is nothing new.

3. The decision recognizes the critical importance of marrying land-use decision-making with water supply and its availability. Those are and should be inextricably linked, Maia [Ecology’s Water Resources Program Manager Maia Bellon] said in news stories following the ruling.