Tag: Streamflow restoration

ESSB 6091 – Part 3: The Potential for Mitigation Flexibility in Water Rights Permitting After Foster v. Yelm

On October 8, 2005, the Washington Supreme Court reversed a water right permit issued by the Department of Ecology (Ecology) to the City of Yelm.1 The decision dramatically impacted the State’s water rights permitting program by denying authority to Ecology to allow any type of mitigation for potential impacts to adopted minimum instream flows (MIFs) other than 100% in-kind, in-time,…

Legislature Passes Hirst and Foster Fix, Authorizes $300 Million for Streamflow Restoration

After last year’s legislative deadlock that failed to adopt either a fix to rural water availability or a capital budget, the Washington State Legislature made quick work of a compromise bill, ESSB 6091,[1] which was the first bill signed into law in the 2018 session. The bill has many features, including: It requires updates to several watershed plans and new…

Tom Pors will be Speaking at the WSBA ELUL Section Mid-Year on May 11

Tom has been invited by the Washington State Bar Association’s Environmental & Land Use Law Section to speak at its mid-year meeting about the newly passed Hirst fix and streamflow enhancement bill, ESSB 6091.  He will be on a panel with Yakama Indian Nation tribal attorneys Shona Voelchers and Kate Marckworth.  The title for this one-hour seminar is “ESSB 6091: Hirst…