Department of Ecology News Release - July 24, 2009

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Ecology to clarify Kittitas groundwater rule, plans to rejoin Kittitas commissioners in exempt well talks

YAKIMA – At the request of Gov. Chris Gregoire, Washington Ecology Director Jay Manning met with Kittitas County Commission Chair Alan Crankovich and, as a result, negotiations regarding an alternative groundwater management rule will recommence as early as next week.

“We’re pleased that the commissioners have agreed to work with us in a renewed effort to develop a permanent groundwater management rule that protects senior water rights and streamflows, but is more flexible than a complete moratorium on new groundwater pumping,” Manning said.

Manning also announced today that the current emergency rule will be amended to clarify that people with vested building permit applications or issued building permits as of July 16, 2009, will not be subject to the groundwater closure and may use permit-exempt wells.

On July 16, Ecology filed the emergency rule after nearly two years of negotiations failed to gain a commitment from the Kittitas County Board of Commissioners on a groundwater management agreement that would have limited the uncontrolled proliferation of wells exempt from water permits in the upper county.

Although these wells are exempt from permits, they are subject to all other water resource regulations, and their use may be curtailed in times of water shortages to ensure that senior water right holders get their water.

The temporary, emergency rule will be in place for a maximum of 120 days in upper Kittitas County. A map of the affected area is available on Ecology’s web site at: www.ecy.wa.gov/programs/wr/cro/kittitas_wp.html

During the 120 days, new water uses proposed by those without vested building permits will be allowed only if the proposed use of water is fully mitigated to offset impacts to senior water rights and streamflows.

Mitigation can generally be achieved by acquiring and transferring or retiring another existing water right from the same water source to offset a new use. Some existing sources of mitigation water are already available and Ecology is working with the owners of existing water rights to quickly develop a water banking system to allow access to mitigation water by new water uses.

Ecology also recommends that water users not subject to the groundwater withdrawal obtain mitigation water, which brings with it a senior priority date. Properties that have mitigation water with a senior priority will be less likely to be curtailed and as result, the value of the property will be enhanced.

Since 1998, nearly 3,000 wells have been drilled in Kittitas County, prompting concerns that groundwater pumping in the headwaters regions of the county threatens senior water users and stream flows in the Yakima Basin. A number of parties, including the citizens group Aqua Permanente, the Yakama Nation and the city of Roslyn have asked that Ecology close the groundwater to further appropriation while a groundwater study is completed.

That study, funded by the Legislature and designed to gain a better understanding of the connection between groundwater and surface water, will commence soon.

During the study period, Ecology with the County has proposed to:

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Media Contacts:

Tom Tebb, Washington Department of Ecology, Central Regional Director, (509) 574-3989
Joye Redfield-Wilder, 509-575-2610; 509-961-6277, cell; jred461@ecy.wa.gov
Dan Partridge, 360-407-7139; 360-480-5722, cell; dpar461@ecy.wa.gov

For more information: www.ecy.wa.gov/programs/wr/cro/kittitas_wp.html