Which basin is my parcel in?
Here's
a map of the stream basins regulated by the Instream Flow Rule.
To clearly identify your parcel, go to Skagit
County's OneStop Property Search webpage and search by your
address or parcel number.
I already
have a house in a closed basin. Am I affected?
Potentially, as the Swinomish Indian Tribal Community is pursuing
a lawsuit to invalidate water rights backdated to 2001. However,
generally speaking, the Instream Flow Rule only applies to new
water withdrawals.
How can
I get water for a new home in a closed basin?
You may have several options if Ecology has closed the basin where
you planned to use a well to supply water to your home. First,
contact Skagit PUD to see if they can provide timely and reasonable
water service to your property. If not, there may be other alternatives.
Contact Ecology for more information.
Who regulates
water?
Ground and surface water in Washington State belongs to the people
of Washington State, not to any particular property owner. The
State Department of Ecology manages water rights, which is a license
for any particular water user to use the state's water.
Why do
I need a water right to get a building permit?
State law empowers the County to issue you a building permit,
but state law also requires that you demonstrate that you have
a legal and adequate source of water before the County can issue
the permit. You can demonstrate that water source in the form
of a water right from the Washington State Department of Ecology,
or as a letter from an approved water purveyor like Skagit PUD.
Skagit County can't approve your right to use water.
Did the
County agree in the 1996 MOA to give up the right of rural property
owners to use well water?
No. The 1996
MOA requires new single-family homes to use public water where
"timely and reasonable service is available." This is
already a requirement of Skagit County Code. Furthermore, in section
IV(D) on pages
11-12 of the 1996 MOA, "Skagit County reserves the right
to allow exempt wells for single family systems in the Skagit
River Basin above the PUD Pipeline Crossing." Skagit County
also agreed in that section to "address the 5000 gallon permit
exception" for wells. Skagit County has done so by implementing
Ecology's 2006 Instream Flow Rule, putting Skagit County well
ahead of any other county in the state in addressing the exempt
well issue.
Why doesn't
the county support monitoring of rural wells to determine how
much water they are using?
According to the Department of Ecology, there is no legal authority
to force people to put meters on rural wells. Moreover, monitoring
and limits would be difficult and costly to enforce. Ecology's
solution under the 2006 rule is instead to estimate average household
usage in accordance with time-tested nationwide data, and then
limit withdrawals by limiting the number of household connections.
Ecology assumes that each house will use 350 gallons per day,
with 50% of that returning to the groundwater table through septic
systems. Both these assumptions are very precautionary.
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