Green Bluff Newsletter 2017 | The Hirst Decision

This Green Bluff real estate newsletter for winter/spring 2017 has summarized the impacts of the Hirst Decision regarding drilling wells.

Interested in keeping up with Green Bluff farming and events? Check out the Green Bluff Growers here: Green Bluff Growers

Water, Water Everywhere – Not a Drop to Drill!     

Has the sun set on the days of drilling wells in Washington State?

Getting a building permit has become more complicated. A Whatcom County court case called the Hirst Decision, which has statewide effects, has big impacts on water.

It basically used to be ‘if you’ve got it, use it.’ However, now it now appears to be ‘if you’ve got it, prove it’ – water, that is. Before this case, an applicant for a building permit had to show Spokane County that water was physically and legally available, but this court case now makes it so that the county can “no longer simply accept an applicant’s recitation potable water will be provided through a permit exempt well” (Resolution #17-0059). What does that mean? Well, essentially, an applicant can no longer go to the county with a statement to the effect of, “My water will come from a well.”

The Hirst Decision Impacts

How does this affect Green Bluff? Spokane County is divided into Water Resource Inventory Areas (“WRIAs”), and Green Bluff is in WRIA 55, the Little Spokane Watershed, which is a very limited water availability area. The Hirst decision has made it almost impossible now to build in WRIA 55 without a water right. So, if you have a water right, not only might you be able to build, you potentially have a very valuable resource. It’s a complicated process to determine whether you have a water right, which is why you need to do your research. You can start by reading the Department of Ecology’s publication called Focus on Assessing Your Water Right (publication #97-1804-WR). Open that article here: Assessing Your Water Right.

Water Right – Keep it or not?

Why does this matter? Some property owners are being solicited to sell all or portions of their water right so that these rights can be stored in a “water bank.” Once in the water bank, others can potential buy these rights to obtain a building permit. Sellers who bank their rights get paid to transfer their water right ownership into the water bank. Getting money for water may seem attractive at first. But is selling your water right a good decision? It depends. How are you using your water right? What are your future plans?

Those most dramatically impacted could be farmers. If you’re using your water for irrigation of crops or orchards, when you sell that water right you lose your use of that water. Without that water, could you sustain your current farming operation? Some have been told that they can convert to dryland farming, but would that really be a viable option? Consider the costs of conversion, the cost of tearing out an orchard, the cost of getting new equipment. What about the long-term effects on your property and future marketability without a water right to go with it?

If you could no longer sustain your current farming operation and it wouldn’t make sense to convert to dryland farming, you may have to remove your property from an Agricultural Tax designation, which would have dramatic financial consequences. Is it worth it? Only you can answer that, but you should have the information that you need to make a decision that’s best for you.