State lifts some well restrictions

YAKIMA, Wash. -- While a state ban on new wells remains, the political waters cleared up for some upper Kittitas County residents and developers Friday when the state Department of Ecology eased the restrictions.

Acting on a request from Gov. Chris Gregoire, Ecology officials lifted some restrictions in the upper Kittitas County area where the ban was imposed, generally west and north of Indian John Hill.

Also on Friday, county and state officials indicated they'll renew negotiations in hopes of resolving a two-year struggle over how best to allocate water in Kittitas County.

All construction in the upper part of the county that relied on new, unregulated wells came to a sudden halt under a well-drilling ban imposed July 16.

A property owner building a new home was prohibited from moving in. And construction of "exempt wells" -- those traditionally allowed without a permit -- was forced to stop even if it had already begun.

Friday's decision allows those with a building permit in hand or projects under review to proceed and complete the work. The change was prompted by concerns about the ban's impact on the local economy.

County health department officials estimate about 200 building projects will benefit from the eased restrictions.

"We have spent every day talking to people. It has been very emotional," said Kathy Bambrick, administrator of the Kittitas County Public Health Department. "We are glad to have gotten through this issue. This is the beginning for us. We feel like we put out the fires and now we can plan for the long-term impacts."

Bambrick said that had the ban not been relaxed, one upper county resident was at risk of losing a $170,000 home construction loan.

The county health department determines whether a project has an appropriate water source and its approval is necessary before a building permit can be issued.

Ecology and county commissioners said they will resume negotiations on a new water management plan. After two years of unsuccessful talks, state officials have said they had to impose the emergency ban because of concern that the growth of exempt wells was diminishing the water supply for those with senior water rights, as well as river and stream flows.

County Commissioner Alan Crankovich said the county and Ecology will meet again in the first week of August, and that the county welcomes the chance to get back to the table.

Crankovich said he believes the emergency ban is being relaxed because the state became aware of the harm that is occurring.

He described a panic mode among some residents.

"I think they saw some unintended consequences and reactions that even they hadn't expected," he said of state officials. "This was the worst-case scenario."

The agency's goal is to limit the water demands from new developments so that senior rights are protected. Ecology officials say about 3,000 new exempt wells have been drilled since 1998.

The ban will be replaced with a permanent order unless the state and Kittitas County can reach agreement on a new water management plan.

Cle Elum Realtor Shannon Cogan said she believes the effects of the 120-day ban will ripple through the economy long after it expires.

Cogan said property owners who have an existing well won't be able to develop their land, even under Friday's modification.

"We are already struggling to survive in a terrible market and if existing wells can't be used for new construction, our entire building season and land sales are gone for this year and well into next year," she said.

She added that the area has a narrow construction window that will close when winter arrives.

Home builder Steve Senger of Cle Elum, president of the Kittitas County chapter of the Central Washington Home Builders Association, views the dispute as a property rights issue in which owners are being deprived use of their property.

Senger, a 34-year custom builder, constructs a dozen homes a year.

"I made a commitment to be here. If something doesn't happen here, I believe we will have to move, move out of the state. I see this as just the watershed battle ground. What happens here will happen statewide," he said.

Property owners without a building permit in the pipeline can still proceed under the ban but must purchase water from an existing water right to offset their demand on the aquifer system.

Ecology spokeswoman Joye Redfield-Wilder said the concept of purchasing an existing right through a water bank has been part of the talks with county commissioners.

"There are existing water right owners who have put water in trust and are willing to sell," she said. "The Suncadia resort has excess water available and has said it is willing to participate in the water bank."

Developers of the 6,000-acre project obtained water for its condominiums and golf course by purchasing senior rights to surface water.

But with surface water supplies tight and droughts in recent years, few people are willing to sell their right, Crankovich said. He said commissioners don't believe enough water would be made available in the water bank for new development.

* David Lester can be reached at 509-577-7674 or dlester@yakimaherald.com.