Tag: instream flow regulation

Summary Judgment Denied in Bassett Case, But Four-Part Test Issue Survives to Hearing

On January 8, 2016, the Plaintiffs’ summary judgment motion in the matter of Magdalena Bassett, et al., vs. Dep’t of Ecology was argued before Judge Gary Tabor of the Thurston County Superior Court. Bassett is a declaratory judgment action challenging the validity of the Dungeness River Basin instream flow protection rule. The complaint alleges that Ecology exceeded its statutory authority in several respects,…

Potential Legislative and Regulatory Solutions to the Water Availability Train Wreck*

Preservation of the quality and quantity of water in natural rivers, streams and lakes is vital to the long-term health of our environment. The physical and legal availability of water is also essential to the economic health of our state and its diverse urban, suburban and rural communities. The lack of availability of water leads inevitably to building permit moratoriums,…

Supreme Court Bruises Department of Ecology in Foster Opinion

On October 8, 2015, the Washington Supreme Court reversed a water right permit issued by the Department of Ecology (Ecology) to the City of Yelm. Two months later, the consequences of this decision are still being sorted out by Ecology, the Attorney General’s Office, and stakeholders. In the meantime, the State’s water rights permitting program has gone off the rails…

Potential Solutions to Washington State’s Post-Swinomish Instream Flow/Rural Water Supply Dilemma

 Introduction Department of Ecology officials and stakeholders have been meeting publicly for the last year to discuss post-Swinomish water allocation solutions for rural areas, but their efforts have been stymied by the lack of consensus on legislative or other solutions.[2] New ideas need to be explored and vetted to move beyond common misconceptions and a dysfunctional status quo. The state’s…

Potential Solutions to Washington State’s Post-Swinomish Instream Flow Regulation/Rural Water Supply Dilemma

Department of Ecology officials and stakeholders have been meeting publicly for the last year to discuss post-Swinomish water allocation solutions for rural areas, but their efforts have been stymied by the lack of consensus on legislative or other solutions. New ideas need to be explored and vetted to move beyond common misconceptions and a dysfunctional status quo. The state’s minimum…

2015 Water Law Seminar Agenda is Set

I am very excited about co-hosting this year’s annual  Water Law in Washington seminar by Law Seminars International. We have a stellar line up of professional speakers and will cover numerous current issues of interest to water law practitioners, water users and resource managers. Beginning with an optional “Water Law 101” presentation on the fundamentals of water law, the conference will have a special focus…

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…