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Proceedings

Citizens Workshop on Exempt Wells

Panel 5: Agency Perspectives

Dep’t of Ecology Policies & Practices

- Ken Slattery, Water Resources Program Manager, Washington Department of Ecology

- download:  Power Point  (pdf)

The groundwater code (RCW 90.44.050) provides an exemption from ground water permits for single and group domestic uses and for industrial uses not exceeding 5,000 gallons per day.  However, the Washington Supreme Court held that it is a violation of the law to use multiple wells in a subdivision, but the court was ambiguous as to how “single ownership” should be defined.  Thus the question becomes “what is the appropriate use of exempt wells in the context of the subdivision development?”  

Kittitas County and Ecology agreed to a Memorandum of Agreement (MOA) that, among other things, makes a commitment to conducting a ground water study, setting new residential subdivision water quantity limits, as well as the creation of a voluntary mitigation program.  The MOA contains no mechanism to protect senior water users in this over-appropriated basin.  Questions still remain regarding implementation and regulation of the terms.  

Ken Slattery has been with the Washington Water Resources Program for 32 years. Currently he is the Program Manger of Water Resources Program.  He is the State’s top Water Resources official with purview over Water Rights, Well Drilling, Dam Safety, Instream Flow, and Water Rights Adjudications.