[WSBARP] well drilling

Traci Shallbetter traci at shallbetterlaw.com
Tue Oct 18 11:37:42 PDT 2016


The rule is WAC 173-539A and it has a fairly long history.  Current rule is here http://apps.leg.wa.gov/WAC/default.aspx?cite=173-539A with some of the history here http://www.ecy.wa.gov/programs/wr/cro/kittitas_wp.html.  I can fill you in on some of the backstory if you like, as I did a good deal of practicing in Kittitas County during the period of time that led to the moratorium.  Currently, a number of water banks are active, including one recently set up by Kittitas County, to address the situation.  The result of all this is that there is a now a “water market” in Kittitas County such that folks who want to drill wells or develop have to purchase mitigation water from one of the water banks, then go through an application/bureaucratic process with Ecology to get approval.  A few more steps and a bit more money in order to develop in Kittitas County, but, most areas in the County are able to be served with water purchased through a Bank (there are still a few areas that are unable to be served).  Link to Water Banks here: http://www.ecy.wa.gov/programs/wr/market/trk-wawtrbnks.html



Traci Shallbetter
Shallbetter Law Pllc
The BEST in Real Estate and Land Use
35714 SE 29th Street
Fall City, WA 98024
www.shallbetterlaw.com<http://www.shallbetterlaw.com/>
509-260-0037

*Note New Address*

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stewart Feil
Sent: Monday, October 17, 2016 5:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] well drilling

From 2010 – 2013 I heard a lot of discussion about the well moratorium in Kittitas County. It was a hot topic with the Kittitas County Commissioners and both political parties. I don’t have a citation, but I believe it was statutorily imposed by Olympia on the county.

--

Warm regards,

Stewart Feil
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)

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From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Monday, October 17, 2016 at 3:18 PM
To: "WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>)" <wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>>
Subject: [WSBARP] well drilling

Does anybody have information about a moratorium on well drilling in Washington.
A client has made a vague statement to that effect, but has no authority.
If anyone can point me toward the source of this moratorium I would appreciate it.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721


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