Legislation simplifies water-rights transfers

JOHN DODGE, THE OLYMPIAN

THURSTON COUNTY -- South Sound developers, utilities and farmers should have a smoother time transferring water rights under water legislation approved by the 2001 state Legislature.

The legislation is designed to chip away at a backlog of 7,000 water rights applications in the state, 25 percent of them water rights transfers.

Lawmakers created two lines of applicants -- one for new water rights and one for transfers.

Currently, someone with a simple transfer can be held hostage for years in one long line.

"Creating two lines -- that was a good move," said Doug DeForest, executive director of Olympia Master Builders.

"It's a pretty good piece of legislation," agreed Rob Caldwell of the Seattle-based Center for Environmental Law and Policy.

But developer and environmental interests part ways on another move by lawmakers. They authorized county water conservancy boards to transfer water rights from one use to another -- for example, from a farmer irrigating crops to a developer who needs a domestic water supply.

Thurston County Superior Court Judge Dan Berschauer had ruled in September that conservancy boards -- there are about 20 in the state -- didn't have authority to change the use of a water right.

"The legislation gives us back our authority," said Nick Adams, chairman of the Thurston County Water Conservancy Board. "The bill should make it easier for folks to transfer water rights."

The board is a three-member citizens panel established last year to process water rights transfers. Their decisions are either approved or rejected by the state Department of Ecology.

Ecology must ensure that a transfer and new water rights don't harm stream flows vital for fish, or the rights of other water users.

"Approval isn't a slam-dunk, just because it is a change of use of a water right," Ecology spokeswoman Mary Getchell said.

Environmentalists are leery of any law that gives the local water boards authority. They would rather the Legislature grant Ecology the money and extra employees to process all water rights.

Ecology asked the Legislature for 38 new employees and $8 million to work on the water rights permit backlog, Getchell said. The Senate budget approved funding for six new employees and the House budget offered money for 27, she said.

Environmental groups fear local water boards are more susceptible to lobbying from vested interest groups, said Tom Geiger, outreach director for the Washington Environmental Council.

Overall, the environmental community was neutral on this year's water legislation, which Gov. Gary Locke said was the first of a four-year plan for water law reform in the state.

When it comes to water, most of the tough decisions are ahead, Caldwell said.

They include finding ways to meet the water needs of both people and fish in regions of the state where water rights have been overallocated in years past.

The issue has been complicated by this year's drought.

"The Legislature dealt with some of the people stuff this year," Geiger said. "They still have to deal with the fish."

John Dodge covers the environment and energy for The Olympian. He can be reached at 754-5444.

About water law

Since 1917, the state has required anyone seeking to use more than 5,000 gallons of groundwater or surface water per day to obtain a water right.

A water right is a permit from the state Department of Ecology to apply water -- a publicly owned resource -- to a specific beneficial use. The applicant must prove the water is available and that the withdrawal won't interfere with an existing water right, or harm public welfare.

Ecology has a backlog of 7,000 water rights requests, including new permits and transfers of a permit from one user to another.

In Thurston County, there are 180 water rights permit requests in the pipeline, including 60 transfers.

On the web:

Washington State Legislature.

Department of Ecology: Water Resources.

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