Washington adopts rule on Kittitas County water

New groundwater withdrawals will only be allowed in upper Kittitas County if they are backed by senior water rights, until a groundwater study of the area is completed, the Washington state Department of Ecology on decided Wednesday in adopting a permanent rule.

The rule marks the latest step in a dispute between state and local officials over the availability of water east of the Cascades.

Last year, Ecology imposed a temporary moratorium on wells that are exempt from a permit. These so-called exempt wells are allowed under the state groundwater code of 1945, at a rate of up to 5,000 gallons per day, for small industrial uses or domestic uses. An unlimited amount of water from exempt wells may also be used to water livestock and for noncommercial watering of a half-acre lawn or garden.

Ecology argued the water being drawn by new developments in the area could impair water supplies for irrigators with senior water rights downstream and weaken streamflows for threatened and endangered fish.

The two sides have been negotiating in the months since without success.

"We did everything in our power to try to find a compromise, and when we couldn't, we felt this was the prudent move to take to protect the resource," said Tom Tebb, Ecology's regional director in Yakima.

A federal study in central Washington's arid Yakima River basin showed groundwater pumping significantly reduces streamflows in the river, raising questions about the state's ability to issue new groundwater permits there without mitigating for the river's lost water going forward.

No new groundwater permits have been issued in the basin in nearly 20 years.

But near the river's headwaters in Kittitas County, less is known about the relationship between groundwater and surface water. The U.S. Geological Survey has been commissioned to complete a study of the area by September 2013.

Ecology said Wednesday the new rule would remain in place at least until then.

Kittitas County stretches from Snoqualmie Pass through the east slope of the Cascades to Ellensburg. Development in the area has grown in recent years.

Paul Jewell, vice chairman of the Kittitas County Board of Commissioners, said his county hasn't grown any faster in the last five to 10 years than Yakima County, which is larger.

"So if you look at the real impact of water withdrawals, it certainly isn't upper Kittitas County," he said.

Jewell also said other counties would be foolish not to be aware of the new rule.

"It's a game changer for most communities, especially those rural communities that have land that doesn't necessarily have access to a municipal or other group-type water system," he said. "We should all be watching it pretty closely."