HomeMy WebLinkAboutEXEMPT WELLS - WEL Letters / Memos - 8/28/2017 alk
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6 February 2017 ilkt17
Mason County Addresses Exempt Wells
The Washington Supreme Court decision on Whatcom County 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 develop language that will address current and future water
use issues as noted in Hirst. The intent is to develop language that can address in-stream flows,
mitigation,and development through a county wide study
• 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 and code may be more restrictive than the current plan and code,as required by the Hirst
decision. Even if our 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 your project;
therefore,our willingness to permit your project or allow your exempt well is not a guarantee,
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promise,or warranty that you will have legal or actual access or right to water. We cannot $p
promise,guarantee,or warranty that your permit will not be invalidated,or your exempt well
prohibited,by a court or hearing board. Notwithstanding our issuance of a permit at the County hl
level,you proceed at your own risk M
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By signing this,I declare that I have read and understand the policy for Permit Exempt Wells in Mason
County wh appl in for an Ap lication of Water Adequacy. //
Alv CeitAN , t1)/U� Date: (2V2137
Signature (�
Public Health Community Development
(Community Health/Environmental Health) (Permit Assistance Center/Building/Planning)
415 N.6t Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584
Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352
Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352
Elma:360-482-5269,Ext.400 Elma:360-482-5269,Ext.352