New Groundwater Uses and the Upper Kittitas Water Exchange

Ecology has established a water exchange for the Upper Kittitas watershed to bring together persons with water to sell with buyers who need water to offset the impacts of their new groundwater uses in the watershed. Under a temporary emergency groundwater rule first adopted on July 16, 2009, new groundwater withdrawals, including those under the state’s groundwater exemption, are not allowed in the watershed except under certain conditions.

New groundwater withdrawals under the emergency rule

Water budget neutral: the impact of the water use to existing water rights and stream flows is offset (“mitigated”)
by an equal amount of water left in the river,
via an existing water right.

New appropriations or withdrawals of groundwater will be allowed only if at least one of two conditions exists:

As of July 16, 2009 you have a building permit, or a vested building permit application. A vested application is one that has been completed and submitted to the county and the issuance of a permit is expected.
The use is determined to be water budget neutral. Ecology has established a water exchange as a service to help water users locate or sell water available for transfer.

All new withdrawals must be measured and usage reported to Ecology.

How can I apply for a new groundwater withdrawal?

In the state Groundwater Code, the groundwater permit exemption (RCW 90.44.050) allows for certain amounts and uses of groundwater without obtaining a permit from Ecology.

While exempt from the permitting process, these withdrawals are still a water right and subject to all other state water laws. Uses under the exemption are often referred to as “permit-exempt.”

Note: All new groundwater uses must be water budget neutral, unless you have a building permit or vested building permit application dated no later than July 16, 2009.

First determine if you need a groundwater water right permit. If you only plan to use a small amount of groundwater and the use falls under the exemption, a groundwater permit is not required. Also, if your proposed new use is part of an existing withdrawal of groundwater, a new permit is not required and mitigation for your portion of the exempt withdrawal would not be required. For questions, contact Ecology’s Water Resources Help Desk in Yakima at 509-575-2597.

If you are required to obtain a groundwater water permit, complete:

An Application for a Water Right Permit and
A Request for Determination of Water Budget Neutrality.

If your new use is a new withdrawal of groundwater, and the use is small enough to rely on the permit exemption, complete:

A Request for Determination of Water Budget Neutrality.

How can I learn more about groundwater permits and the groundwater permit exemption?

Ecology has several publications available that provide basic information about water rights and the permit exemption:

You can also find information on our website on water rights or the groundwater exemption.

Upper Kittitas Water Exchange: meeting the water budget neutrality requirement

Ecology’s Upper Kittitas Water Exchange is an “electronic bulletin board” that allows sellers of water rights in the Upper Kittitas watershed to exchange information with people seeking to buy water to offset or mitigate the impacts of new groundwater use.

The Upper Kittitas Water Exchange is designed to help groundwater users identify mitigation water for their projects. Mitigation can generally be achieved by acquiring an existing water right to offset a new use in the same water source.

A Consumptive Use Calculator (MS Excel Spreadsheet) has been designed to help you determine the amount of water needed in acre-feet per year.
View the List of Potential Buyers & Potential Sellers Registry, a spreadsheet that will be updated periodically with new information from potential buyers and sellers of water for the Exchange.

How do I find water to meet the mitigation requirement?

You can register with the Kittitas Water Exchange using the Potential Buyer form.
You may also make independent arrangements to transfer all or part of an existing water right. Arrangements must be in place in order to complete the Request for Neutrality form.

I have water I would like to sell, how do I do this?

You can register with the Kittitas Water Exchange using the Potential Seller form.

To learn more about the Water Exchange, contact Ecology’s Water Resources Help Desk in Yakima at 509-575-2597.