Wenatchee World Business World
Author: Michelle Green

A recent Washington State Supreme Court ruling impacts the responsibilities of counties within the state to review permit-exempt (household) wells in connection with building permits and subdivision applications. 

On Oct. 6, the court issued its decision in Whatcom County, Hirst, et al. v. W. Wash. Growth Mgmt. Hr’gs Bd., which will effectively preclude counties from granting building permits and subdivision applications that intend to rely on permit-exempt wells if the well will impair a minimum, in-stream flow (a rule set to protect river and stream flows at sufficient levels for fish). 

The decision directs the counties to go beyond the in-stream flow rules adopted by the Department of Ecology and conduct their own analysis when determining legal availability of water for rural development. What this decision means for each county and for property owners has yet to be determined. 

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