What is the issue?
The issue is the use and impact of exempt wells on water resources in the Chehalis Basin
What are the rules related to exempt wells?
Washington State's Groundwater Code, RCW 90.44.050 requires anyone who wants to withdraw public groundwater to apply for a permit through the State Department of Ecology (DOE). The Code allows exceptions for certain specific uses:
for stock-watering,
for watering a lawn or a noncommercial garden not exceeding one-half acre in area, or
for single or group domestic uses of up to 5,000 gallons per day, or
for industrial use not to exceed 5,000 gallons per day.
Wells drilled under this provision are commonly referred to as "exempt wells." The exempt well statute provides a means by which landowners may access water for domestic purposes, including small-scale irrigation and industrial purposes, without complying with regular procedures. The exemption saves the appropriator of "small withdrawals" the trouble and expense of applying for a permit where the impact of the withdrawal is slight, and saves the state the trouble and expense of processing applications for "small withdrawals" that would have little effect on water availability.
While small withdrawals are exempt from the requirements that an application be made and a permit received from Ecology prior to withdrawal of public ground water, they are not exempt from any of the other substantive provisions of the Ground Water Code. For example, small withdrawals
Cannot affect surface water rights
Cannot be wasted without economical beneficial use
Are subject to the same system of priorities as all other appropriators (that is, where another right is first in time, it is first in right).
Why are exempt wells a concern?
Exempt wells affect water quantity, a required element of watershed planning. They can also have impacts on the three remaining elements in the Chehalis Basin Watershed Plan: water quality, habitat, and instream flow.
At present, there is little information about the numbers of exempt wells in the Chehalis basin, the amount of water used, the amount of consumptive use, and their impact on instream flows in the basin. Estimates in the Chehalis Basin indicate a total number of _______ exempt wells. (Please see the attached map for the distribution of these wells.) However, it is known that the construction of exempt wells statewide has proliferated in the past few years and that the amount of water currently being withdrawn from the state's aquifers is significant.
What is the effect of exempt wells on water quantity?
The proliferation of exempt wells reduces the total amount of water available in the WRIA. As each additional exempt well is drilled, water quantities dedicated to aquifer recharge, instream flows, and other water use are reduced.
The relationship between ground water and surface water sources is affected by ground water pumping, which may intercept water otherwise available to recharge a stream or capture water from the stream itself. A watershed assessment conducted by Ecology in 1995 confirmed the hydraulic continuity between ground and surface water in the Chehalis Basin and concluded that a large portion (if not most) of the ground water allocated since 1975 directly affected surface water flows. The construction of exempt wells in aquifers that are in hydraulic continuity with flow impaired surface waters will directly result in further depletion of surface water flows.
What public health concerns are associated with exempt wells?
Studies conducted by the U.S. Geological Survey and the Department of Ecology, coupled with data from local governmental agencies, show that
Exempt wells can be contaminated by withdrawal of water from contaminated aquifers.
Pumping can cause salt water intrusion along the coast.
Nitrates from agriculture can contaminate groundwater.
Exempt wells are also quite susceptible to contamination from wastewater, typically septic tank/leach field systems. The proliferation of exempt wells has exacerbated this public health problem.
What are possible solutions?
The following are options that the CBP evaluated related to exempt wells, arrayed from least to greatest impact:
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| Status Quo | Continued use of existing exempt wells,
Proliferation of new exempt wells, Lack of focus on community systems |
- |
| White Paper on proliferation of exempt wells vs. community systems | Providing policy makers with information on the impacts of exempt wells, especially on ability to manage growth | - |
| Study of the quantity of water loss
Collect data to refine consumptive use estimates and assess the effect on the timing of use. - |
Development of understanding of consumptive use levels of exempt wells to better understand impacts on base flows | - |
| Request to DOE to address the exempt well issue on a statewide basis | Statewide consistency in addressing exempt wells, both existing systems and future wells | - |
| Allow exempt wells with conditions. Some suggestions to consider include
:Set basin-wide standard for number of houses allowable per exempt wel lReduce exemption amount from 5,000 gpd, since most homes use only 3-400gpd (WA Dept. of Health allotment is 800 gpd for development )Require septic tank/leach field discharge back to aquife rConserve water Limit numbers to one septic field or equivalent residential unit per exempt wel lDefine allowable consumptive us eRequire exempt wells to connect to deep aquifers OR allow connection to shallow ones if study is done to show no negative impact on stream flow sOthers? |
Ability to use exempt wells but with conditions that will lessen losses of water and depletion of stream flows | The real question remains : How do we encourage new residents to use purveyor systems instead of exempt wells when new residents cannot get onto a purveyor system in a reasonable time frame (i.e. planned and coordinated growth, including impacts on environment) |
| For exempt well problem areas, identify/develop mitigation (e.g. convert to public water system) | Lessening of impact on stream flows | - |
| Identify a density trigger where exempt wells are not allowed above a certain level (What level is trigger?) | Control of number of exempt wells and therefore shifting of focus to community systems | Relate to stream flow levels? |
| Prohibit exempt wells in closed basins | Assurance that exempt wells will not negatively impact stream flows | - |
| Do not allow new exempt wells through regulatory approach or stipulation that UGA's/Growth areas would not allow exempt wells | Focus on community system
Better focus on drinking water quality Better focus on growth controls |
Property takings would be an issue |
Until the steps below are taken, maintain the status quo with regard to exempt wells.
The CBP believes that exempt wells are a statewide issue, caused in part by the fact that the Department of Ecology has not enforced existing laws and requirements or followed the Attorney General's 1998 opinion on exempt wells. The CBP therefore recommends that Ecology address the exempt well issue on a statewide basis following the existing laws, rules, and opinions. Alternative solution 4 above is the prime recommendation from the Chehalis Basin.
The CBP further believes that the Department of Ecology should study consumptive use of exempt wells and consider exempt well conditions such as:
Setting a basin-wide standard for the number of houses allowable per exempt well
Reduce exemption amount from 5,000gpd, since most homes use only 3-400 gpd (WA Dept.Health allotment is 800 gpd for development)
Require septic tank/leachfield to discharge back to aquifer
Require water conservation
Limit numbers - only one septic field or equivalent residential unit per each exempt well
Require exempt wells to connect to deep aquifers OR to shallow ones if study is done to show no negative impact on stream flows
Others?
4.The CBP believes that the Department of Health should prepare a white paper on the proliferation of exempt wells and their impacts on reducing community water systems, resulting in regulatory and water quality concerns.
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