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“ Delaying implementation does not remedy any uncertainty from the Hirst decision . A delay is no fix at all . ”
— Mike Ennis , AWB government affairs director for water issues
Other counties are requiring expensive hydrogeological studies that may or may not show adequate water availability to satisfy counties , Ennis added .
Aside from project permitting confusion , lawmakers and others also fear banks would deny loans on projects that do not have guaranteed water . Some on the high court foresaw the fallout . State Supreme Court Justice Debra Stephens stressed the catastrophic implications of the Hirst ruling , writing in her dissent , in part : “ The majority ’ s decision hinges on an interpretation of ( state law ) that is unsupported by the plain language of the statute , precedent , or common sense . The practical result of this holding is to stop counties from granting building permits that rely on permit-exempt wells . The majority ’ s holding pushes a massive , and likely insurmountable , burden onto individuals applying for a building permit .”
The confusion and lack of legislative action to resolve the issue continues to leave landowners and local governments in a state of uncertainty . the permanent hirst fix
Several bills to address the Hirst decision were introduced during the 2017 legislative session , but the only one with traction was Warnick ’ s Senate Bill 5239 .
Warnick ’ s bill would reestablish the relationship between county governments and the Department of Ecology when it comes to managing water resources , and reestablish the expectation that small household wells would be exempt from the state permitting process .
In the regular session and at the start of each of the three special sessions , the Senate passed Warnick ’ s bill over to the House four times , where the Democratic majority refused to bring it to the floor , despite having the votes to pass it .
“ I have made a concerted effort to hear stakeholders out and understand their concerns , but I have been clear that we need a solution to this problem this year . Families cannot wait ,” Warnick told The Columbia Basin Herald .
However , the governor and House Democrats insisted that their proposal , House Bill 2239 , that would temporarily postpone the impacts of Hirst through Dec . 31 , 2018 , was the right solution .
“ At this point , a 24-month delay is the best approach to give the legislature time to evaluate a permanent fix while giving suffering property owners immediate relief ,” Gov . Jay Inslee said in a statement July 19 . But , Ennis countered , a temporary fix wouldn ’ t give anyone any relief .
“ With the continued uncertainty created by simply delaying Hirst , counties would remain cautious about issuing final building permits and lenders would remain skeptical about offering loans on properties that may have no value if the water rights are not guaranteed at the start of the project ,” Ennis said . “ Delaying implementation does not remedy any uncertainty from the Hirst decision . A temporary fix is no fix at all .” For more information on the Hirst issue , contact Ennis at mikee @ awb . org or 360.943.1600 .
AWB Water Resource Committee chair Bill Clark discusses the importance of finding a legislative solution to the Hirst issue at a meeting with a bipartisan group of lawmakers : Rep . Larry Springer , D-Kirkland , Sen . Judy Warnick , R-Moses Lake , Sen . Jim Honeyford , R-Sunnyside , and ( in foreground at right ), Senate Majority Leader Mark Schoesler , R-Ritzville .
For more information : www . fixhirst . com
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