Ecology emergency rule clarifies Kittitas groundwater closure

Washington State Department of Ecology

Department of Ecology News Release - August 3, 2009

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YAKIMA – The Department of Ecology (Ecology) has clarified its current groundwater closure in upper Kittitas County with the filing of an amended emergency groundwater rule.

The amended rule makes it clear that people with vested building permit applications or issued building permits in the upper county as of July 16, 2009, are not subject to the groundwater closure and may use permit-exempt wells.

A vested building permit application is one that has been completed and submitted to the county, and issuance of a permit is expected.

The amended rule was signed Friday, July 31, 2009, and is effective for a maximum of 120 days. A map of the affected area is available on Ecology’s web site at: www.ecy.wa.gov/programs/wr/cro/kittitas_wp.html. Under the amended rule, metering will be required for all uses of the groundwater exemption for residential purposes.

At the urging of Gov. Chris Gregoire, Ecology and the Kittitas County Commissioners have renewed talks on a groundwater management agreement and a permanent groundwater rule that will limit the uncontrolled proliferation of wells exempt from water permits in the upper county.

During the 120 days of the amended rule, 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.

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Media Contacts:
Tom Tebb, Washington Department of Ecology, Central Regional Director, (509) 572-3989
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 the text of the new emergency rule: www.ecy.wa.gov/programs/wr/cro/kittitas_wp.html