Washington has to change, according to the state's Supreme Court. It ruled the Department of Ecology must protect river flows despite population growth after an appeal filed by a small farmer in Yelm.

Sarah Foster's cows aren't just hungry. They're also pretty thirsty, washing down apples and grass with gallons of water everyday.



KING
Nisqually River heron
"A lot," she smiled. "They drink a lot."
Foster also has pigs, chickens, a garden, and bees. Nearly everyone's thirsty here. Lucky for them, Foster has senior water rights.
The city she lives in, however, is a junior water rights holder, and they're about to outgrow their resource.
"I would've planned ahead. I would've planned far ahead," Foster said.
Yelm's plan was a permit from the Department of Ecology to take more water than their rights allowed. State officials approved it, using a special condition called "overriding consideration of public interest" (OCPI).
DOE admits, though, the permit would have had environmental impacts on protected rivers like the Nisqually.
"That particular provision in the law was always intended to be a narrowly construed and rarely used exception," explained attorney Dave Monthie. "We used to think that we had plenty of water to go around and meet the needs. I think what we're seeing here is we don't anymore."
Monthie argued that public interest doesn't allow the state to legally override stream flow laws. It's why Foster decided to appeal Yelm's permit, worried her 86-foot well would eventually dry up.
"That we would run out of water – all the people downstream."
Foster was also concerned about her neighbors. A new, deeper well could cost tens of thousands of dollars. The state Supreme Court ruled in her favor. Now, Yelm has to find another way to water.
The ruling will also have statewide impacts because the Department of Ecology manages 26 river basins. They currently use the OCPI policy in 6 of them:
No 28 -- Salmon/Washougal
No. 29 – Wind/White Salmon
No. 5 – Stillaguamish
No. 45 -- Wenatchee
No. 17—Quilcene Snow
And No. 18 – Elwha/Dungeness

Mayor Ron Harding sent the following statement to KING 5:
"The City of Yelm is disappointed with the Supreme Court's decision to overturn a water rights permit that was approved by the Washington Department of Ecology, the Pollution Control Hearings Board, and the Thurston County Superior Court.
The question is not one of availability the city of Yelm's wells have a overabundance of water in them, the state law however does not allow us to pump that water without permission, It was that permission that the supreme court ruled against giving the city. The Courts decision hinged not on impacts Yelm's request would have had on groundwater availability or instream flows. These impacts were fully mitigated through a plan that was referred to by regulators as the "gold standard" of mitigation. Rather, the decision was based on language in the water laws that were only triggered by impacts in the fall and spring that were so minor that they could not be measured by the regional water model.
Yelm believes the Court's dissent articulates clearly the City's position. The decision will have impacts well beyond the City of Yelm and significantly changes the water allocation process in Washington State.
Regardless, the City will move forward and explore all options to continue to provide urban services to our citizens and meet our obligations under the Growth Management."

http://www.king5.com/story/tech/scie...rmer/73846116/


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