Tom will be speaking on the subject of “GMA and Water” on a panel with Sharon Haensly, attorney for the Squaxin Island Tribe, at 9:00 a.m. on Friday, November 15, 2019. The 2-day seminar starts on November 14th at the Seattle Hilton Hotel. Tom’s specific topic will include an update on ESSB 6091 remedies to the Hirst and Foster decisions and…
Tag: Growth Management Hearings Board
Whatcom County v. Hirst Decision Requires Counties to Independently Protect Minimum Instream Flows
The Washington Supreme Court’s decision in Whatcom County v. Hirst,[1] will significantly impact rural water availability by requiring Washington counties to ignore exceptions for permit-exempt wells in many of the state’s instream flow protection rules, causing considerable and unwarranted hardship to rural property owners. The decision expands the Court’s already extreme protection of regulatory instream flows by requiring counties to…
Appeals Court Reverses GMHB Ruling re Whatcom County in Hirst Case: Permit-Exempt Wells Not Governed by Nooksack Instream Flow Rule
Whatcom County has won its appeal in a closely watched case at the intersection of water rights and land use law. Division One of the Washington Court of Appeals held that the Western Washington Growth Management Hearings Board erroneously interpreted the Nooksack Basin Instream Flow Rule, Chapter 173-501 WAC, and reversed the Board’s rulings that Whatcom County was out of…