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Guest Column: Water Rights Ken Mann | Whatcom County Councilman Ken Mann is a member of the Whatcom County Council and serves as Chair of the Finance Committee. Ken has a background in finance and civil engineering. Ken and his wife, Amy, have a real estate development company that restores commercial and residential buildings. Water rights from two viewpoints Through the eyes of a business owner, and of a member of County Council Personally, we are not concerned about the effects of “exempt wells” and other water rights challenges facing Whatcom County residents, farms, fisheries, and businesses. It is extremely unlikely that our properties will be impacted. The vast majority of our properties get water from a purveyor with unassailable, perfected water rights. However, if I were in an agricultural business in Whatcom County, such as a farm growing berries or a slaughterhouse—and if I did not have legal water rights— I’d be scared to death. Here’s why, from the viewpoint of an at-risk business owner: If I do not have a water right, my business is and always has been vulnerable to senior water rights holders. If a senior water right demands an adjudication of water resources and prevails, junior water rights and those without water rights can be shut down. Period. Looking at it from a seat on the Whatcom County Council, this is a tremendously important issue to property owners and businesses throughout the county, many of whom have been operating for years without water rights. There are no more water rights available; Whatcom County is closed to new water withdrawals. Thus, it is of critical importance to Council members to stay If a property owner wants to dig a well, we (County) can issue a permit to dig the hole. But only the state’s Department of Ecology can grant (or deny) permission to withdraw water from that hole. — Ken Mann, Whatcom County Council Member engaged on this issue. I know we face some mistaken perceptions about County government’s role in the middle of all this. For example, if a property owner wants to dig a well, we can issue a permit to dig the hole. But only the state’s Department of Ecology can grant (or deny) permission to withdraw water from that hole. County government issues building permits based on water availability, as established by a letter from a water purveyor or a well driller’s report. However, if you do not have access to water, you can not get a building permit - and that has always been the case. At issue recently, and the subject of wildly inaccurate rumors and internet hysteria, was a claim that the County was debating a ban on private wells on private property, or elimination of build- Reach more than 50,000 leaders in print and digital Call Randall Sheriff at 360-746-0417 or email randall@businesspulse.com MAGAZINE The Publication of The Whatcom <strong>Business</strong> Alliance 104 | BUSINESSPULSE.COM
ing permits without a water right. These claims were ridiculous for many reasons. We did vote (Jan. 28) to pursue litigation that stems from a Growth Management Hearings Board ruling. The County is appealing a ruling that delegated unprecedented authority over water resources to county governments. Counties do not have (or want) the legal responsibility, or the scientific capacity, to adjudicate water rights. We await a ruling from the courts. If anyone or anything eliminates water withdrawals, (a.) it will be the Washington State Department of Ecology, not Whatcom County, and (b.) apply only to anyone not holding a legal water right. This has always been the case, and the County cannot and will not do anything to change that. A panel discussed the potential travails of dissent and possible litigation over water rights at a recent board meeting of the WBA at the Mt. Baker Theater in Bellingham: (from left) Doug Allen, local official for the State Dept. of Ecology; Perry Eskridge with the Whatcom County Realtors Association; moderator Jon Sitkin, an attorney with water-rights expertise, and local berry producer Marty Maberry representing agricultural interests. (Staff Photo) a subscriber to the northwest association of independent schools (NWAIS) accredited by the national association for the education of young children (naeyc) St. Paul’s Academy currently registering for the 2014-2015 school year Little Epistles’ Preschool 3230 Meridian Street Bellingham, WA 98225 (360) 738–3321 Lower School K – 5 3000 Northwest Ave. Bellingham, WA 98225 (360) 733–1750 Upper School 6 – 12 1509 E. Victor Street Bellingham, WA 98225 (360) 733–1750 Call to schedule a tour or attend our Open House on March 23rd WHATCOMBUSINESSALLIANCE.COM | 105
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