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Legal Challenges to
Municipal Water Law Parts of
the state's
Municipal Water Law (MWL) have been struck down as a result of
legal challenges. We have created this page to help water system
owners understand how they will be affected by the court ruling.
Background
The
Washington State Legislature enacted the Municipal Water Law in 2003
to give municipal water suppliers more certainty and flexibility
with their water rights. The law also required municipal suppliers
to use water efficiently. Since then, the Departments of Health and
Ecology have developed rules and guidance to implement the law.
On
June 11, 2008, King County Superior Court Judge Jim Rogers struck
down parts of the law. The ruling directly affects some of the rules
and guidance the state agencies developed. The state is appealing
the ruling, but must comply with it for now until the case is
resolved.
Additional information is on the Department of Ecology's Web site.
One of
the effects of the ruling invalidated the definitions of "municipal
water supplier" and "municipal supply purposes." The ruling also
affected a section of the law concerning water rights.
What does this mean and what's next?
Here's what we know for now:
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Ecology has developed an
Interim Guidance and Interpretive and Policy Statement (IPS)
effective May 14, 2009 to guide their staff when reviewing new
water right applications, water right changes, and to the review
of engineering and planning documents.
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Publicly-owned community water systems, such
as those owned and operated by cities, towns, counties, water
districts, and public utility districts should view the May 14,
2009 Ecology IPS to understand how their water rights may be
affected by the ruling.
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Privately-owned water systems are no
longer considered municipal water suppliers, so they don't have
to meet state water use efficiency requirements.
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Privately-owned water systems do not qualify
for municipal water supplier benefits. This means they can no
longer expand their water right place of use through the
Department of Health planning process and new planning or
engineering approvals may be based on the number of service
connections specified in their water right documents.
If you have questions about how your water
rights may be affected by the ruling or by the Department of
Ecology’s interim guidance, contact your nearest
Ecology
regional office.
If you plan to submit a planning or engineering
document with the intent of expanding your water system, contact
your nearest Department of Health
regional office to set up a preplan conference.
Guidance for water systems
Our goal is to offer clear guidance
about what this ruling will mean to you. We will inform you about
any policy decisions that may affect your water system.
If you
have questions about how your water rights might be affected by the
ruling, contact your nearest
Department of Ecology regional office.
For more information
Planning:
Linda Kildahl,
360-236-3186
Water Use Efficiency:
Mike Dexel,
360-236-3154
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