The Hirst Decision

THE HIRST DECISION UPDATE:

What the 2017 Legislature Didn’t Do, What it Still Might Do, and What It Means at the Local Level

Sep.7 • 1–2pm

This short informative session will review the State Supreme Court’s Hirst Growth Management Act decision regarding water availability for new private wells, proposals in the 2017 Legislature to modify the Hirst decision, and what is currently occurring at the local level.



Downloads & Resources


CONFERENCE CALL
WITH BILL CLARKE,
WASHINGTON REALTORS®
PUBLIC POLICY DIRECTOR

 

CALL INFO:

Dial-in Number:     (515) 739-1015
Access Code: 566-768-565


During the call, participants are muted,
but members can text questions to:
(360) 389-3909.


We will post an audio file on the Washington REALTORS® website for members who could not attend and make available the attached materials and a Q & A reference sheet.

This informational session is not intended to replace the need for legal representation if you’re in a transaction affected by Hirst. Rather, this session is to inform members of the inherent issues and help identify landmines.

Questions from the Audience:

What legislative actions may be coming that may change current ground water mitigation processes in Kittitas county? Will the Hirst decision effect ground water withdrawal in Kittitas county?
Answer begins at 18:48.

Play

What does it take for a County to assess impairment? And could mitigation clauses be added to Counties that have older in-stream flow rules?
Answer begins at 20:45.

Play

In Cowlitz county, if you have had the well put in 2011, but no building on lot. Now building is going on property. Is there a problem with the Hurst rule?
Answer begins at 30:55.

Play

What special interest other than tax increase polititians is behind this bill? What is our association position on it?
Answer begins at 33:28.

Play

Does the Hirst descision affect or complicate rain water collection i.e. systerns?
Answer begins at 34:59.

Play

Where do people go to check if well is approved for water use in Clark and Cowlitz county?
Answer begins at 37:00.

Play

Does Thurston County currently have an in stream flow law?
Answer begins at 38:02.

Play

Does the State have any regulatory power over rainwater? My understanding was that groundwater is State property, but rainwater is "up for grabs".
Answer begins at 39:20.

Play

We have a lot of listings vacant land promoting 'well in' and they have no idea if is legal.
Answer begins at 42:01.

Play

Do we need REALTOR members whose clients are being negatively affected by Hirst to reach out to us so we can use these property owners as examples for advocacy/advertising?
Answer begins at 42:50.

Play

What about Summit Lake where over 90% of properties draw their drinking water from the lake?
Answer begins at 43:57.

Play

How would Hirst affect community well supplies that still have connections available. Would new homes be allowed to utilize the unused connections?
Answer begins at 45:11.

Play

We don't hear much regarding the effects of Hirst in Kitsap County. Does Kitsap have newer flow rules?
Answer begins at 47:20.

Play

On vacant land with installed wells... does it matter if there was a previous residence on the property? (As opposed to new development)
Answer begins at 48:52.

Play

1. Any updates for Stevens, Ferry & Pend Oreille County? Currently, these counties are doing business as usual. 2. I may have missed this answer, but when do we expect the Hirst decision to be finalized?
Answer begins at 50:09.

Play

If an exempt well allows for 5000 Gallons per day and up to 6 connections, why couldn't an existing single party well allow a vacant land neighbor to connect without running afoul of Hirst?
Answer begins at 53:24.

Play

Can you give us an example of what the future looks like in working through proving a Hirst adequate water supply?
Answer begins at 55:52.

Play

Does the Hirst decision effect stock water?
Answer begins at 57:48.

Play


Videos About The Hirst Decision:

Government Affairs Update
Washington REALTORS® Government Affairs update on the Hirst Decision
Published on YouTube: April 28, 2017
(2 min. / 50 sec.)

Update and Clarification on the Hirst Decision
Government Affairs update on the Hirst Decision
Published on YouTube: May 2, 2017
(3 min. / 22 sec.)

Meet The Boyds
The Hirst Decision explained.
Published on YouTube: June 2, 2017
(3 min. / 15 sec.)

Learn more on FixHirst.com, as well as, the SB 5239 and SB 5254 Information Pages.