  |
|
|
An emergency rule closing upper Kittitas County to new groundwater withdrawals was adopted by Department of Ecology on July 31, 2009.
The temporary, emergency rule will be in place for a maximum of 120 days in upper Kittitas County.
- Map that
illustrates the boundaries of the Upper Kittitas area subject to WAC
173-539AThose 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.
During the 120 days, new groundwater 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.
Chapter 173-539A WAC withdraws from appropriation all ground water in Upper Kittitas County with the exception of uses for structures for which a building permit have been granted and vested prior to July 16, 2009 and uses which are determined to be water budget neutral. The rule establishes a pathway for developers, contractors, and/or individuals to construct water budget neutral projects by identifying water rights that can be placed into the trust water right program to offset their consumptive use of ground water.
Attorney General Opinion (AGO) regarding the groundwater exemption
On September 21, 2009, the state Attorney General's Office issued a formal opinion regarding the interpretation of statutes exempting certain withdrawals of groundwater from permitting requirements, and authorizing the Department of Ecology to withdraw waters from appropriation.
September 21, 2009 - Ecology seeks protection of Kittitas water supplies for
senior water right holders, stream flows, regional economy
The 10th study report on groundwater in the Yakima River Basin was released
on September 22, 2009 by the U.S. Geological Survey (USGS). This signals the
near-completion of the largest study of groundwater resources conducted in
the region. Started in 2000, the final report is due in early 2010. On July 16, 2009, the Department of Ecology filed a temporary, emergency rule that closed northern Kittitas County to all new groundwater withdrawals. Ecology closed the upper basin to new withdrawals after two years of negotiations with the Kittitas County Board of Commissioners. After nearly two years of negotiations, Ecology was unable to gain a commitment from the Kittitas County Board of Commissioners that they were willing to move forward with a memorandum of agreement and alternative rule approach that would have limited the uncontrolled proliferation of so-called “exempt groundwater wells” in upper Kittitas County.
The temporary, emergency rule will be in place for a maximum of 120 days in upper Kittitas County.
- Map that
illustrates the boundaries of the Upper Kittitas area subject to WAC
173-539AOn July 7, 2009, Ecology filed a withdrawal notice on a rule proposal that was filed on January 7, 2009. The agency has decided to withdraw this rulemaking due to the following:
On April 7, 2008, Ecology and Kittitas County entered into the MOA to cooperatively manage exempt groundwater wells until more is known about the aquifers and water supplies in northern Kittitas County. The MOA establishes interim and long term management measures and calls for development of a comprehensive groundwater study and a permanent groundwater management rule.
February 2009
Two public hearings were held on February 11 and 12, 2009 to provide information about the management of exempt ground water wells in Kittitas County. Ecology representatives were available to answer questions at both hearings.
The comment period closed on February 20, 2009. Thank you to everyone who commented on the proposed rule.
January 2009
Chapter 173-539A WAC Management of Exempt Groundwater Wells in Kittitas County - Includes links to the:
Additional information:
September 2008
Two open house sessions were held in September 2008 to discuss the Management of Exempt Ground Water Wells in Kittitas County. The new permanent rule proposal for managing underground water resources in northern Kittitas County was the topic of these sessions. Comments were accepted at the sessions, via e-mail, and from an online form. Comments were also collected at two open houses in March 2008.
March 2009
On July 8, 2008, Ecology adopted an Emergency rule to implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County. The Emergency rule continues to be in place while the agency moves forward with work towards the adoption of a permanent rule. A third Emergency rule has been adopted by Ecology as a placeholder for a permanent groundwater management rule. The emergency rule incorporates some recommendations made during a comment period held in February regarding a permanent rule.
Emergency Rule Adoption #3 for Chapter 173-539A WAC Management of Exempt Groundwater Wells in Kittitas County - includes links to:
Ecology News Release - March 16, 2009 Temporary rule in place while Ecology seeks to resolve Kittitas groundwater management concerns
Ecology News Release - March 3, 2009 Ecology seeks negotiations with Kittitas County to resolve disagreements over groundwater rule
November 2008
Ecology adopted a second Emergency rule on November 6, 2008, to implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County. The first emergency rule expired on November 5, 2008. The Second Emergency rule will be in place while the agency moves forward with the adoption of a permanent rule.
Emergency Rule Adoption #2 for Chapter 173-539A WAC Management of Exempt Groundwater Wells in Kittitas County - includes links to:
July 8, 2008
Ecology adopted an Emergency rule that establishes a partial withdrawal of ground water within a portion of WR1A 39 in Kittitas County, WA for the purpose of implementing a Memorandum of Agreement (MOA) entered into with Kittitas County on April 7, 2008.
The emergency rule provides ground water use provisions for:
The emergency rule also addresses issues such as:
Emergency Rule Adoption for Chapter 173-539A WAC Management of Exempt Groundwater Wells in Kittitas County - includes links to:
While the Emergency rule is in place rulemaking will move forward on the adoption of a permanent rule. The CR101 for the permanent rule was filed along with the first Emergency rule on July 8, 2008. The new rule would make permanent a temporary emergency rule now in place.
Ecology received a petition in September 2007 from water right holders in Kittitas County seeking a temporary moratorium on new ground water wells in Kittitas County. The petitioners are members of a group called Aqua Permanente who are concerned that rapid rural residential growth will impair senior water rights and stream flows in the Kittitas and Yakima valleys.
| Melissa Downes Department of Ecology, CRO-WR Phone: 509 454-4259 E-mail: kcwp@ecy.wa.gov |
Judy Beitel Department of Ecology HQ-WR Phone: 360 407-6878 E-mail: jbei461@ecy.wa.gov |
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
