OKANOGAN COUNTY WATCH



*****Draft Resolution*****Resolution A resolution adopting policies for governing the administration of permit exempt wells as defined by RCW 90.44.050 Water Resource Inventory Area #48 as listed in Washington Administrative Code 173-548.Whereas: RCW HYPERLINK " Comprehensive plan—Required elements states: The comprehensive plan shall consist of a map or maps, and descriptive text covering objectives, principles and standards used to develop it, and shall include each of the following elements: (1)…. The land use element shall also provide for protection of the quality and quantity of groundwater used for public water supplies…. and Whereas: RCW HYPERLINK " Plats, Subdivisions and Dedications; Approval or disapproval of subdivision and dedication—Factors to be considered—Conditions for approval—Finding—Release from damages states (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to,….potable water supplies…., andWhereas: RCW HYPERLINK " Building permit application—Evidence of adequate water supply—Authority of a county or city to impose additional requirements—Applicability—exemption—Groundwater withdrawal authorized under RCW HYPERLINK ". (1)(a) states each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply….andWhereas: In 1976 Washington Administrative Code 173-548-050 was adopted which appropriated surface water for single use domestic and stock watering and in-stream flow and closed certain tributaries and lakes located in Water Resource Inventory Area #48-Methow River to further appropriations, and Whereas: In 1991 amendments to WAC 173-548-050 extended the closure of certain surface waters to include groundwater in hydraulic continuity, and Whereas: In 1991 the Department of Ecology created maps of areas surrounding the closed surface waters where hydraulic continuity between the surface water and groundwater was highly likely, andWhereas: WAC 173-548 reserves 2 CFS of surface water in each of 7 reaches for single family domestic use and stock-watering. The 2CFS reserve is senior in priority date to the in-stream flows established by rule. In 2011 Aspect Consulting determined that water remains available in each of the 7 reaches to mitigate additional groundwater withdrawals for single family domestic use and stock-watering, and Whereas: The Department of Ecology is charged with administration of WAC 173-548, and Whereas: In November of 2016 the Washington State Supreme Court issued a decision cited as Whatcom-Hirst,186 Wn.2d 648, 381 P.3d 1 (2016) which further defined the role of Counties in determining the legal and physical availability of water for building permits and land division applications that propose to use a permit exempt well as authorized in Revised Code of Washington 90.44.050 as the source of potable water, andWhereas: ESSB 6091 was adopted in January of 2018 which identified WAC 173-548 and an in-stream flow rule which explicitly regulates permit exempt wells, andWhereas: After many consultations with the Department of Ecology staff Okanogan County Planning has developed policies regarding the use of permit exempt wells as the source of potable water supply for single use domestic purposes, andWhereas: Staff of the Department of Ecology Central Region Office has determined they can no longer provide legal interpretations of the in-stream flow rule as it relates to local land use decisions, andWhereas: The BOCC finds that adopting a clear and legal policy regarding the use of permit exempt wells in Water Resource Area #48-Methow serves the best interest of the public, be it thereforeResolved: The Okanogan Board of County Commissioners adopts the policy regarding the use of permit exempt wells as authorized by RCW 90.44.050 within the boundaries of WRIA 48-Methow found as attachment A to this resolution. *****Draft Resolution*****Resolution NoAttachment ASection 1PurposeThe following policies govern the use of permit exempt wells as authorized by RCW 90.44.050 within the boundaries of WRIA 48-Methow.Section 2Existing Wells-Drilled prior to 1976Permit Exempt Wells drilled prior to 1976 that were put to beneficial use are not subject to the provisions of WAC 173-548. These wells are subject to the allowances and restrictions found in RCW 90.44.050. The well must be constructed in compliance with RCW 18.104. These wells may be used for domestic, irrigation, stock watering, and commercial uses as allowed by RCW 90.44.050. A well of this nature is not credited against the 2 CFS reserve in each of the 7 reaches.Section 3Existing Wells-Drilled after 1976Permit Exempt Wells drilled after 1976 are subject to the provisions of WAC 173-548. The well must be constructed in compliance with RCW 18.104. Wells drilled after 1991 in the restricted areas of the surface waters closed to further appropriation by WAC 173-548-050 must have the pre-drilling authorization letter and subsequent construction review from the Department of Ecology. These wells may be used for domestic and stock watering purposes. A well of this nature is credited against the 2 CFS reserve in each of the 7 reaches. The water in the reserve is senior in priority date to the water appropriated for in-stream flow so is not subject to interruption during times of low flow. Permit Exempt Wells may be used for irrigation or commercial purposes but their use is subject to interruption during times of low in-stream flow. Section 4Existing Wells in the restricted areas-Drilled after 1976 but before 1991Wells drilled after 1976 are subject to the provisions of WAC 173-548. The well must be constructed in compliance with RCW 18.104. Wells drilled before 1991 in the restricted areas of the surface waters closed to further appropriation by WAC 173-548-150 were not required to comply with WAC 173-548-150. These wells were not required to have the pre-drilling authorization letter and subsequent construction review from the Department of Ecology. These wells may be used for domestic and stock watering purposes. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. A well of this nature is credited against the 2 CFS reserve in each of the 7 reaches. The water in the reserve is senior in priority date to the water appropriated for in-stream flow so is not subject to interruption during times of low flow. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. Section 4Existing Group SystemsGroup systems that were approved by either the County or DOE prior to January 2018 may be used for potable water provided they are within their approved connections. These systems may be used for domestic and stock watering purposes within the limitations of approving documents. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. A group system of this nature is credited against the 2 CFS reserve in each of the 7 reaches. The water in the reserve is senior in priority date to the water appropriated for in-stream flow so is not subject to interruption during times of low flow. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. Section 5New Group SystemsNew group systems may be approved by the County and Public Health Districts outside of the restricted areas of the closed basins. The group system must remain within the 5000 gallon per day limit in accordance with RCW 90.44.050. These wells may be used for domestic and stock watering purposes. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. A group system of this nature is credited against the 2 CFS reserve in each of the 7 reaches. The water in the reserve is senior in priority date to the water appropriated for in-stream flow so is not subject to interruption during times of low flow. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. Section 6Existing Lots-Outside of the restricted areasAn existing lot may obtain a new well for single domestic use and/or stock watering subject to the restrictions and allowances found in section 3.Section 7Existing Lots-Inside of the restricted areasAn existing lot may not obtain a new well.Section 8SubdivisionsSubdivisions inside of the restricted areas of the closed basins may not use permit exempt wells for potable water supply. Subdivisions outside of the restricted areas of the closed basins may use permit exempt wells for potable water supply but must stay within the 5000 gallon per day withdrawal in accordance with RCW 90.44.050. Each parcel must have its own well although a well field on a neighboring parcel is allowed. These wells may be used for domestic and stock watering purposes. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow. Wells of this nature are credited against the 2 CFS reserve in each of the 7 reaches. The water in the reserve is senior in priority date to the water appropriated for in-stream flow so is not subject to interruption during times of low flow. If used for irrigation or commercial purposes their use is subject to interruption during times of low in-stream flow.

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