On January 18, 2018, just eight days into the Washington State 2018 legislative session, the Legislature passed Senate Bill 6091, dubbed the “Hirst fix.” Hirst, refers to a 2016 Washington State Supreme Court decision in Whatcom County vs. Hirst, Futurewise, et al.
Washington State Counties can only issue building permits or approve subdivision development if the County can make a finding that an adequate water supply exists for the development. The Hirst Decision found that Whatcom County was incorrectly relying on Department of Ecology determinations to find evidence of an adequate water supply. This Decision caused many Counties to stop issuing building permits or place the burden for proving water was available fully on the applicant. This stalled development in Washington.
The Senate Bill 6091 amended, RCW 19.27.097, RCW 58.17.110, RCW 90.03.247, and RCW 90.03.290, added a new section to chapter 36.70A RCW and chapter 36.70 RCW, and added a new chapter to Title 90 RCW. These changes and additions provide a framework for Counties to issue building permits and approve development for projects that rely on water supplied by permit exempt groundwater uses without completion of a well by well analysis. However, depending on the watershed at issue, use of a permit-exempt groundwater well comes with limitations.
For Schroeder Law’s complete explanation of the Bill, check out the article on our webpage, here.
As always, stay tuned to Schroeder Law Offices’ blog for more updates on water related legislation!
