State capital budget held up on water fix

OLYMPIA — Despite the last minute-passage of the state’s $43.7 billion 2017-19 operating budget, the state’s proposed $4 billion capital budget is still mired in a dispute between the senate and house.

“Passage of the capital budget is contingent on passage [of a bill] that relates to the [state supreme court’s] Hirst decision,” Sen. Judy Warnick, R-Moses Lake, told the Columbia Basin Herald on Tuesday. “This is important for rural areas of the state who want wells for domestic use.”

“I don’t think the House believed we meant it, but they do now,” Warnick said.

The bill Warnick referred to is S.B. 5239, which seeks to fix the problem created in the Washington Supreme Court’s decision in Whatcom County vs. First, which found that the state failed to properly consider the affects ground water pumped from wells would have on surface water and those who hold rights to surface water.

The ruling effectively shuts down development in any area where pumping well water can effect the amount of water in rivers, streams, and lakes.

Prior to the Oct. 6 decision, wells drilled in rural areas for domestic or agricultural use were exempt from state permitting rules.

“We do have to conserve water, but exempt wells are less then 1 percent of usage,” Warnick said.

Warnick’s bill has passed the senate four times, she said. While is has been introduced into the House, no votes have been taken on the measure.

“It’s frustrating they are not taking it seriously,” she said.

State legislators have until July 20, next Thursday, to pass the capital budget or they will have to go into a third special session.

“We’re working with house members to get a bill that is acceptable to the house, the Department of Ecology, and the governor,” Warnick said.

While the purpose of her bill is to restore Washington state water law to its pre-Hirst position, Warnick said the measure will increase the fee for an exempt well to $500 from the current $200, something she said proved tough to get approved by Senate Republicans.

Warnick said legislators want to work with the state’s Indian tribes — which are generally supportive of the Hirst decision — to make sure they have a say in how the state’s water is allocated.

Because of this, Warnick said she is optimistic the Hirst decision will be fixed and a capital budget will be approved by the end of the current special session.

“We’re trying to get it done,” she said. “We will have a budget.”

Charles H. Featherstone can be reached via email at countygvt@columbiabasinherald.com.