County, state seek middle ground as new ban starts

A new version of a four-month-old ban on new water use in Upper Kittitas County has gone into effect even as county and state officials continue to seek a compromise.

Meanwhile, property owners are organizing to seek a reduction in property taxes because they say their land isn't worth much without water.

The citizen's group, known as Citizens' Alliance for Property Rights, is also trying to keep pressure on both the county and the state Department of Ecology to resolve the issue that has halted construction and cost jobs in the upper county, they say.

The group estimates successful appeals of property valuations could cost Kittitas County government at least $500,000 in revenue.

Scott Lindley of Sammamish, Wash., a builder and developer and a member of the group, said he hasn't been able to build his new home because of the ban.

"We own campsites now," said Lindley, arguing that Ecology has no scientific evidence of the impact new wells are having.

Ecology on Monday filed with the state code reviser a new emergency rule banning new water withdrawals. The rule replaces a similar rule that expired Nov. 25.

Such emergency rules are allowed to be in place for 120 days.

The rule does allow those with an approved building permit or a permit under review by the county when the ban first took effect to be allowed to proceed with their project.

The ban, first imposed in July, is in response to what the agency said is a proliferation of new wells for which a state permit is not required.

Supporters of the ban say exempt wells for homes, industrial use, a half-acre lawn and garden and watering livestock, are taking water meant for senior water rights and stream flows for fish.

Senior right holders such as the Yakama Nation, the Roza Irrigation District and the city of Roslyn are supporting the ban on new uses until a groundwater study is conducted to determine the extent of the impact new wells are having on surface water.

The study is yet to begin.

The affected area is north and west of Indian John Hill, east of Cle Elum.

Joye Redfield-Wilder, Ecology spokeswoman in Yakima, said Ecology officials are preparing a response to a proposal from county commissioners that seeks to have the ban lifted.

The two sides have been working on a proposed agreement since before the ban went into effect.

"We are considering a new proposal from the county and we will be providing a counterproposal tomorrow," she said.

While Redfield-Wilder said she couldn't discuss details of the proposals, county commissioners earlier had proposed to ban the use of water from exempt wells for watering a lawn and garden as a way to resolve the dispute.

Commissioners did not return a telephone call Monday for comment on the extended ban or their talks with Ecology officials.

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