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Proceedings

Citizens Workshop on Exempt Wells

Panel 1:  Exempt Well Fundamentals

Law & Policy Trends

- Rachael Paschal Osborn, Center for Environmental Law & Policy

- download document:  Exempt Wells Info & Data (pdf)

This presentation introduced the scope of the workshop and gave an overview of the exempt well issue. Water use (whether surface or ground) is subject to a permit process through the Department of Ecology (Ecology).  Ecology examines several factors before it will issue a water permit:  1) physical availability of water, 2) whether the use is beneficial; 3) whether senior water right users will be affected (also known as “legal availability”) and (4) the effect the use has on the public interest.  However, these tests are not applicable to permit-exempt wells.  To date, no regulatory authority effectively prevents problems associated with exempt wells. 

The permit exemption was created as part of the 1945 ground water code and legislative history shows that the legislative intent was to provide rural populations with easily accessible water.  However, the tides have shifted in many of these rural areas.  Increasingly, family farms in whole or part are being turned into subdivisions, and developers seek water in basins that are either already over-appropriated or at maximum capacity.  Many developers are attempting to manipulate the system by using exempt wells to service subdivisions.  Therefore, as farms disappear and rural sprawl spreads, the law must also change to reflect reality. 

Rachael Paschal Osborn is executive director of the Center for Environmental Law & Policy.  She received both her B.A. in environmental studies and her J.D. from the University of Washington.  She also teaches water law at Gonzaga Law School.

Statewide Data

1. -Dave Nazy, Washington Department of Ecology
   

Mr. Nazy presented statewide geographic and well log data with respect to permit-exempt wells. State law requires well drillers to file a well log report to the Department of Ecology for all wells, exempt or permitted.  However, this requirement was not mandated until 1971. Therefore, the number of exempt wells is likely higher than the number of well logs in Ecology’s files. 

By county, the highest number of wells being drilled is in Spokane County followed closely by Thurston County. These numbers are expected to increase due to projected significant increases in population for most counties.  Well drilling from 1990-2007 has increased dramatically (see graphs). The impact is felt both on groundwater and surface water, as many aquifers are hydraulically connected to surface waters. How much water is consumed by an exempt well is dependent on several factors (see table).

Dave Nazy is a Licensed Geologist and Hydrogeologist with the Washington State Department of Ecology's Water Resources Program. Dave holds a BS in Geology from Winona State University and an MS in Geology from Portland State University. He has over 20 years experience in water resource issues. He has worked as a water master, permit writer, hydrogeologist, cleanup site manager, and expert witness in state and federal court. Currently he serves as the ground water specialist in the Water Resources Program's Policy and Planning section in Olympia. In that role, he provides support and oversight for numerous on-going project and policy initiatives within the State of Washington.

Panel 2: Case Studies in Exempt Well Problems