HomeMy WebLinkAboutWEL Letters / Memos - 7/10/2017 R
MASON COUNTY J04 ob
COMMUNITY SERVICE38w, '
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Building,Planning,Environmental Health Community Health �t't4et
6 February 2017 ENVIRONMENTAL
Mason County Addresses Exempt Wells
HEALTH
The Washington Supreme Court decision on Whatcom Cotavy v. Hirst, a Growth Management Act
(GMA)case,has had a profound impact on the way many counties throughout the state address water
resources.Under the Hirst decision,counties have the responsibility to make determinations of water
availability for development permit approval and cannot defer to Ecology.While this decision affects all
water withdrawal,it greatly affects the legal availability of water from Permit Exempt Wells.This
handout explains the Mason County position on Hirst implementation.
• At this time we are in compliance with the current comprehensive plan
The comp plan is being updated and that process will take another few months to complete
• The legislature is working on legislative changes that will impact implementation of the decision
and we're waiting to see how that will effect state wide policy
• We're working with stakeholders to address current and future water use issues,and to match
population growth with available water as required by Hirst. Through the comprehensive plan,
we are updating forecasts for population growth,buildable lands,capital facilities and water use.
We will use county-wide groundwater studies to estimate development's impact on streams that
have instm m flow regulations,and create county-wide solutions to mitigate for development's
impacts on stream flows.
• At this point in time,we are proceeding under our current policy as outlined in our current
development code and our current comprehensive plan However,we are currently engaged in
the process of updating both our code and our comprehensive plan. The updated comprehensive
plan Bud code may be more restrictive than the current plan and code, as required by the Hirst
decision. Even if oar current plan and code allow you to install an exempt well,we have no
control over judicial interpretations of State law or how State law may affect you project;
therefore,our willingness to permit your project or allow your exempt well is not a guarantee,
promise,or warranty that you will have legal or actual access or right to water. We cannot
promise,guarantee,or warranty that your permit will not be invalidated,or your exempt well
prohibited,by-a.courinr hearingbnacd. Notwithstanding our issuance of-a_permit at the County
level,you proceed at your own risk
By signing this,I declare that I have read and understand the policy for Permit Exempt Wells in Mason
County hen applying for an Application of Water Adequacy.
Date: F 7
Signature
_Parcel.._
Public Health Community Development
(Community Heath/Environmental Health) (Perms Assistance Center(Building/Planning)
415 N.6•street-Shehon,WA 985M 615 W.Alder Street-Shelton,WA 98584
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Elma:360 8 -5269,E 400 Elma:36 2-5269,ed,352