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Department of Ecology Press Release - November 30, 2005
05-289
OLYMPIA - The Department of Ecology (Ecology) recently received a new formal legal opinion issued by the Attorney General's office concluding that state law does not limit the daily amount of underground (ground) water that can be used to provide water for livestock.
State law requires that anyone using surface or ground water needs a water-right from the state prior to putting water to beneficial use. However, certain groundwater uses are exempt from state permitting requirements, including providing water for livestock.
Prior to the Nov. 18 Attorney General's opinion, Ecology interpreted the 1945 state law regarding groundwater as limiting all exempt uses to no more than 5,000 gallons a day.
The new Attorney General opinion concludes that the statute does not impose a quantity limit on exempt wells used to supply water for livestock.
As the state's chief legal officer, the Attorney General provides guidance about how state laws should be interpreted by state agencies, including Ecology.
"We have great respect for the legal expertise of the state Attorney General and his staff," said Ecology Director Jay Manning. "We will certainly abide by the new legal guidance and implement the opinion accordingly."
Accordingly, Manning said Ecology will not take enforcement action against anyone who is using a permit exempt well to supply more than 5,000 gallons of water a day to water their livestock.
He said that state law regarding the groundwater exemption has always been ambiguous.
"While the statute is not clear, Ecology had consistently interpreted the livestock watering exemption as limited to 5,000 gallons a day," Manning said. "We based that interpretation on our reading of the statute and on several decisions of superior courts and the Pollution Control Hearings Board. The agency's interpretation of the stock-water exemption, however, has changed with the new legal guidance.
"We will not take any action to limit groundwater use under the stock-water exemption to 5,000 gallons per day. Our actions will be consistent with the Attorney General's opinion," Manning said.
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Contact: Curt Hart, public information manager, 360-407-7139, or pager 360-971-9610
For more information: http://www.ecy.wa.gov/programs/wr/wrhome.html
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