News Release (from DOE) FOR IMMEDIATE RELEASE - Oct. 13, 1999 99-210 CONTACT: Mary Getchell, Public Information, (360) 407-6157; pager, (360) 534-8590 Ecology seeks clarity on water law requirements for large housing developments OLYMPIA - The Washington Department of Ecology (Ecology) is seeking legal clarity on whether large housing developments need a water-right permit before using ground water. Within the next couple of weeks, Ecology will seek a decision from Yakima County Superior Court on whether a subdivision in Yakima County needs a water-right permit to drill wells for water. Campbell & Gwinn is the developer who purchased the property from E.A. and Beverly White, with the intention of building and selling 20 homes. The developer and the Whites have agreed to join Ecology in seeking a court decision interpreting an exemption in state law that allows property owners to withdraw up to 5,000 gallons of water a day from a well without a water-right permit. Ecology, the developer and the property seller are interested in getting a clear answer on whether a development, which will cumulatively withdraw more than 5,000 gallons of well water, needs a water-right permit. "This is a significant water-use case focused on exempt withdrawals -- a long-standing challenge for water management in Washington state," said Keith Phillips, Ecology’s manager for water resources. "The Attorney General interpreted the exemption to be intended for individual homes and small developments, not large housing developments." Phillips said the request for a court opinion is likely to be filed the week of Oct. 18. As a separate action, Ecology recently issued an order to stop the S.D.S. Company in Bingen from drilling wells for a housing development in Klickitat County. The company did not appeal the order. Well drillers put in approximately 8,000 water wells each year that are exempt from water-right permitting. State law requires people to get a water-right permit for all surface-water withdrawals and withdrawals of ground water of more than 5,000 gallons of water per day.
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