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FOR IMMEDIATE RELEASE - Dec. 1, 1999
99-254
Contact: Mary Getchell, Public Information Manager, 360-407-6157;
pager, 360-534-8590
Deborah Mull, Assistant Attorney General, 360-493-9224
OLYMPIA - This week, the Washington Department of Ecology (Ecology) and environmental and fishing organizations broke off settlement talks in a lawsuit that alleged Ecology wasn't properly enforcing a law requiring certain water users to meter their water use.
The parties have been in settlement negotiations since the environmental and fishing organizations sued Ecology in May 1999.
"We're very disappointed we could not reach an agreement - we are just too far apart," said Keith Phillips, manager for Ecology's Water Resources Program.
Under a 1993 state law, metering is required for some new permits to withdraw water from lakes, rivers and springs. The law also requires meters for existing surface-water withdrawals from waters that support salmon stock that have been designated as "depressed or critical." The law also directs Ecology to require meters for existing surface-water withdrawals of one cubic foot per second (450 gallons per minute) or greater.
"However, the law also calls on Ecology to implement the metering law in consideration of how many staff it has to do compliance work," said Phillips. "The Legislature never authorized funding to implement the law."
Beginning in July 1999, the Legislature did provide funding for four staff to enforce compliance with water-right laws, which includes metering.
"Outside of the settlement talks, there has been some confusion about requiring meters for small water users that withdraw water from ground water wells, which are exempt from permit requirements," said Phillips.
In response to the lawsuit, Ecology previously filed a summary judgment motion with the Thurston County Superior Court, asking the court to find that the 1993 metering law does not apply to any ground water users, including exempt withdrawals. Ecology contends that the 1993 metering law only applies to surface water diversions, not ground water withdrawals.
Currently, Ecology includes metering requirements when issuing new water rights. However, Phillips said lack of funding has been a factor in requiring metering of previously issued water-right claims, permits or certificates. Thurston County Superior Court is scheduled to hear the trial on the lawsuit beginning March 20, 2000.
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
