News Release

Thursday, July 16, 2009

State Decision to Close Kittitas Basin Historic

Confirms Validity of 2007 Petition By Local Groups

Ellensburg, WA  – Aqua Permanente and the Center for Environmental Law & Policy responded today to the announcement that the Department of Ecology has issued an emergency rule to close upper Kittitas Valley groundwater basin to new wells, including exempt wells.

"This is unprecedented," said Rachael Paschal Osborn, director of the Center for Environmental Law & Policy. "Ecology has never before completely closed a basin to all water rights, both permitted and exempt.  This is a step in the right direction given the gravity of the harm to senior water users and salmon streams."

In September 2007, Aqua Permanente and CELP filed a petition with the Department of Ecology asking that no further well drilling be allowed in Kittitas County until more is understood about groundwater resources.   Ecology denied the petition and instead entered into protracted negotiations with County officials.  After two years of wrangling, the negotiations failed.

“Ecology really had no choice.  ” said Melissa Bates of Aqua Permanente. "The County was not cooperating.  That Ecology has finally done the right thing is both unexpected and welcome."

All water in the Yakima Basin is appropriated and water users with rights dating to as early as 1905 are required to shut off use on a regular basis.  All new water users must have a water right permit with the exception of “domestic exempt” wells.  Exempt wells are authorized in the state Groundwater Act, enacted in 1945.

The history and purpose of the domestic well exemption was to allow family farms to drill wells where water service was not available and the amount of water was thought to be inconsequential,  With a moratorium on new permits, developers began using exempt wells as a way to provide water for new subdivisions.  Several thousand new wells have been drilled in the Kittitas Valley in the last few years without oversight to ensure protection of senior users or prevent harm to streams that support endangered salmon.

Water rights operate on a priority system (first in time, first in right) and no new water rights are available in the Yakima Basin.  Neither surface nor groundwater permits have been issued since at least 1993.

“We are concerned that the rule expires in 120 days,” continued Osborn. “We hope that this is not simply a negotiating tactic by the state that will ultimately return us to the status quo.”

Links

    * Emergency Rule closing Kittitas groundwater (PDF)

    * Department of Ecology - News Release

    * CELP:  Kittitas County & permit-exempt wells

    * CELP:  Columbia River watershed:  Water Scarcity & Climate Change