Management of Exempt Ground Water Wells in Kittitas County Chapter 173-539A WAC

The Department of Ecology is proposing to adopt a new rule for managing underground water resources in northern Kittitas County. The proposed ground water rule will be published in the Washington State Register on January 21, 2009. Ecology is taking public comments on the proposed rule until February 20, 2009

Ecology filed a CR 102 for a proposed rule that will implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County.  The proposed rule was filed on January 7, 2009.  A Determination of Nonsignificance (DNS) under the State Environmental Policy Act, a Small Business Economic Impact Statement (SBEIS), and a preliminary cost-benefit analysis, are available for review and comment. 

Ecology adopted an Emergency rule to implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County.  The Emergency rule will be in place while the agency moves forward with the adoption of a permanent rule.

Current Rule Activity

Public Hearings Schedule

Two public hearings will be held on February 11 and 12, 2009 to provide information about the management of exempt ground water wells in Kittitas County.  Ecology representatives will be available to answer questions at both hearings.

February 11, 2009 – 7:00 pm
Walter Strom Middle School - Multipurpose Room
2694 State Route 903
Cle Elum, WA
  February 12, 2009 – 7:00 pm
Hal Holmes Center
209 Ruby Street
Ellensburg, WA

 Comments

Comments can be submitted at the two public meetings, online or by mail.  Comments must be received by February 20, 2009.

Melissa Downes
Department of Ecology
Central Regional Office
15 W. Yakima Ave., Suite 200
Yakima  WA 98902-3452


Memorandum of Agreement (MOA)

Memorandum of Agreement - Between Kittitas County and the State of Washington, Department of Ecology, Regarding Management of Exempt Ground Water Wells in Kittitas

On April 7, 2008, Ecology and Kittitas County entered into the MOA to cooperatively manage exempt groundwater wells until more is known about the aquifers and water supplies in northern Kittitas County.  The MOA establishes interim and long term management measures and calls for development of a comprehensive groundwater study and a permanent groundwater management rule.

Emergency rule

The adoption of an emergency rule establishes a partial withdrawal of ground water within a portion of WR1A 39 in Kittitas County, WA for the purpose of implementing a Memorandum of Agreement (MOA) entered into with Kittitas County on April 7, 2008.

The emergency rule provides ground water use provisions for:

The emergency rule also addresses issues such as:

July 8, 2008 Update - While the Emergency rule is in place rulemaking will move forward on the adoption of a permanent rule. The CR101 for the permanent rule was filed along with the first Emergency rule on July 8, 2008.  The new rule would make permanent a temporary emergency rule now in place.

Open House Sessions

Two open house sessions were held in September 2008 to discuss the Management of Exempt Ground Water Wells in Kittitas County.  The new permanent rule proposal for managing underground water resources in northern Kittitas County was the topic of these sessions. Comments were accepted at the sessions, via e-mail, and from an online form.  Comments were also collected at two open houses in March 2008.

November 6, 2008 Update - Ecology adopted a second Emergency rule on November 6, 2008, to implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County.  The first emergency rule expired on November 5, 2008.  The Second Emergency rule will be in place while the agency moves forward with the adoption of a permanent rule.

Additional background information

Ecology received a petition in September 2007 from water right holders in Kittitas County seeking a temporary moratorium on new ground water wells in Kittitas County.  The petitioners are members of a group called Aqua Permanente who are concerned that rapid rural residential growth will impair senior water rights and stream flows in the Kittitas and Yakima valleys.

Contacts

Melissa Downes
Department of Ecology, CRO-WR
Phone: 509 454-4259
E-mail: kcwp@ecy.wa.gov
  Judy Beitel
Department of Ecology HQ-WR
Phone: 360 407-6878
E-mail: jbei461@ecy.wa.gov