Water, Water Everywhere – LOT of drops to drill!

Green Bluff Real Estate Newsletter – Winter/Spring 2018

This Green Bluff real estate newsletter highlights the updates on the Hirst Decision in Spokane County regarding private wells. Outcomes from this decision have impacts for those buying or selling property in Washington.

Open the Floodgates Again!

Relief from the restrictions of the Hirst ruling in October 2016 has finally come! This Washington Supreme Court decision dammed the flow of water from new wells. However, it’s time to bathe in the refreshing good news from recent events.

In my Winter Newsletter of 2017, I wrote an article called “Water, water everywhere – not a drop to drill.” That article highlights the effects a case called “The Hirst Decision.” Many landowners in GreenBluff and the Little Spokane Watershed (WRIA 55) could no longer fulfill their dream of building a home on their land. Many wondered if they could ever build. This ruling essentially put a kink in water availability by severely restricting or altogether preventing the drilling of new wells.

On Friday, January 19th, 2018, the Washington Senate Agriculture and Natural Resources Committee passed Senate Bill 6091, which the governor then signed. The new law explains what an applicant for a building permit must do to demonstrate that water is legally available on their property. As a follow-up to this bill, the Spokane County Commissioners held a meeting on Tuesday, January 30th to consider repealing the interim water ordinance which addressed the Hirst Decision. Mike Hermanson, Spokane County’s Water Resources Manager, addressed the commissioners with his support to repeal the restrictive ordinance and to allow property owners to drill new wells again. The commissioners unanimously voted to repeal the restrictive water ordinance, thus opening the flow of water again.

Effects of the Recent Vote

This recent vote now allows landowners to drill wells again and get building permits! How does all this play out going forward? Following is a summary directly from Spokane County’s recent news release:

• In the Little Spokane Watershed (WRIA 55) building permit applicants will fall into two categories:

1. Those that will use a well drilled prior to 1/19/18. These individuals will need to provide a well log that demonstrates that the well was constructed before that date and complies with Washington State well & construction standards.
2. Those that will use a well drilled after 1/19/18. These individuals will pay a $500 fee and have a restriction on domestic use of 3,000 gallons per day on an annual average. The property title will then have this restriction recorded on the property title.

• Parcels over the Spokane Valley Rathdrum Prairie Aquifer (a portion of WRIA57) that will use a permit exempt well will utilize the water bank administered by the Washington Department of Ecology.
• In all other areas of Spokane County, there are only requirements. 1) A well log with demonstration of sufficient water quantity. 2) Approved water quality per the Spokane Regional Health District.

If you’re interested in more details, you can find more information on Spokane County’s website about the Hirst Decision in Spokane County.

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