While school funding is the focus of this year’s special session in the Legislature, the extra time also gives the House of Representatives an opportunity to take important action regarding water rights.
A state Supreme Court ruling from October places undue burdens upon development in rural areas, inhibiting landowners and stifling economic growth in many portions of the state. Before leaving Olympia for good this year, members of the Democrat-controlled House should follow the lead of the Senate and pass a bill addressing the issue.
Environmental protections and growth management are important, but those desires should not quash smart development — which is the result of the Supreme Court’s 6-3 ruling in Whatcom County v. Hirst. That decision places extra scrutiny upon the state’s precarious balancing of water rights by demanding that counties, independent of the state, guarantee that water is available for development before issuing building permits in certain areas. Several counties, in the wake of the decision, have taken steps to limit the issuing of permits.
The net effect is to make the drilling of new wells prohibitively expensive and impractical for landowners planning minor developments. Legislators heard emotional testimony from landowners who poured their life savings toward building a home in a rural area, only to now be told they are unable to procure a permit because of the court ruling.