By Phuong Le
Associated Press
SEATTLE — As counties across Washington respond to a far-reaching state Supreme Court decision involving water rights, angry and frustrated property owners are finding they cannot depend on groundwater wells to build new homes as they have in the past.
In October, the court sided with four residents and the group Futurewise who argued that Whatcom County failed to protect water resources by allowing new wells to reduce flow in streams for fish and other uses. The court said counties must independently ensure water is legally available before granting new building permits.
The decision is likely to affect thousands across the state and represents the latest struggle to balance competing needs of people and wildlife for limited water.
“We have counties all across the state trying to figure out what’s the answer going to be at the permit counter when someone comes to build their home,” Laura Berg with the Washington State Association of Counties told lawmakers this month. “They are also interpreting it differently.”
On Tuesday, Whatcom County extended for three months an emergency moratorium on certain development that relies on permit-exempt wells. County officials estimate about 7,000 to 8,000 dwelling units would have relied on such wells.
Spokane and Okanogan counties have also adopted interim rules in response to the court decision, and Pierce County now requires a hydrogeologic study showing a well doesn’t affect stream flows or senior water rights before a building permit can be issued.
The changes have upset many, who say it would be too expensive and nearly impossible to meet the new conditions. Many say they’ve spent thousands of dollars to prepare their lots to build only to discover they now can’t get a permit because they can’t necessarily rely on those wells.
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