Washington State's "Hirst Decision", new law fixes Private Well Issues for Homeowners.
Wenatchee Home Inspections.
From a court ruling in 2016 known as the “Hirst Decision” homeowners had a restriction and some unknowns if they could use a private well for their water source.
Before the “Hirst Decision” was enacted homeowners were allowed to use up to 5000 gallons a day from a private well.
Post the decision a new home built in rural areas that planned on using a private well you would have to prove that you are not using water from bodies of water such as streams and rivers, referred to as the referred to as the "one molecule" standard. This could be so burdensome that it may be impractical to put a well in.
Per the Washington State Dept. of Ecology the new law focuses on 15 watersheds that were impacted by the Hirst decision and also establishes standards for rural residential permit-exempt wells in the rest of the state.
The law divides the 15 basins into those that have a previously adopted watershed plan and those that did not.
The law allows counties to rely on our instream flow rules in preparing comprehensive plans and development regulations and for water availability determinations.
It allows rural residents to have access to water from permit-exempt wells to build a home.
It lays out these interim standards that will apply until local committees develop plans to be adopted into rule:
Allows a maximum of 950 or 3,000 gallons per day for domestic water use, depending on the watershed.
Establishes a one-time $500 fee for landowners building a home using a permit-exempt well in the affected areas.
It retains the current maximum of 5,000 gallons per day limit for permit-exempt domestic water use in watersheds that do not have existing instream flow rules.
It invests $300 million over the next 15 years in projects that will help fish and streamflows.
Link to the information-
https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-rights/Case-law/Hirst-decision
This should now help homeowners who are looking to build on or own rural properties.
“You can't cross the sea merely by standing and staring at the water.”
Rabindranath Tagore
If you find any errors or have additional information that would expand on any code, building standards or manufacturer requirements please let me know.
NCW Home Inspections, LLC is a Licensed Washington State Home Inspection service located in Wenatchee Washington serving Chelan County, Douglas County, Kittitas County, Okanogan County and Grant County Washington and the cities of Wenatchee, Leavenworth, Cashmere, Oroville, Cle Elum, East Wenatchee, Quincy and many more…
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