Washington Department of Ecology

Kittitas County Water Petition

Ecology has received a petition from water right holders in Kittitas County seeking a temporary moratorium on new ground water wells in Kittitas County.  The petitioners are members of a group called Aqua Permanente who are concerned that rapid rural residential growth will impair senior water rights and stream flows in the Kittitas and Yakima valleys.

Of particular concern is the proliferation of so-called "exempt wells" which do not require a water right permit from Ecology.

The petitioners want the moratorium to stop the practice of some developers who are drilling multiple exempt wells to serve multi-home subdivisions.

Ecology has until November 9, 2007 to act on the petitioners' request

Ecology received the Kittitas water petition on September 13, 2007 and is consulting with local governments, Indian tribes, legislators and land owners before making a decision by November 9, 2007.  Under a state administrative law, the petition can either be denied with an explanation or Ecology can initiate rule-making for a moratorium.

Ecology has concerns

Even before receiving the petition, Ecology has cautioned county officials about the large number of wells being drilled and the rate at which new subdivisions are being approved in Kittitas County that rely on the exempt well provision.

"I am concerned that the current pattern of subdivision approvals and drilling exempt wells is not sustainable," said Ecology director Jay Manning.  "However, I have made no decision on how to proceed and very much want to hear from Kittitas County residents before any decision is made."

Manning noted the Yakima River basin is one of the state's most water-short areas.  Twice in the past seven years, surface water rights with priority dates as old as 1906 have been shut off during droughts because senior water right holders were not able to divert water they are entitled to.  Homes and subdivisions extracting groundwater that flows into the Yakima or its tributaries could pose a risk to these senior water rights.

Similarly, these new groundwater withdrawals may interfere with river flows necessary to protect endangered or threatened salmon species.  Ecology is concerned that buyers of homes in new subdivisions that rely on so-called exempt wells may be at risk of having their domestic water cut off in future droughts.