REGULATORY DEVELOPMENTS

January 2009

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Controversy Erupts over Groundwater Permit Exemption for Stockwatering with Washington Department of Ecology’s Notice of Exemption’s Limitations

Washington’s groundwater permit exemption for stockwatering purposes is in the news again, with the announcement of a proposed 30,000-head beef cattle feedlot relying upon a permit-exempt groundwater well for all water uses, including misting the cattle to cool them in the summertime, washing out barns, controlling dust, and even irrigation. In a decision that has drawn the ire of agricultural industry groups, the Washington Department of Ecology (Ecology) notified the owner that its exempt well may be used for drinking water for the cattle (estimated to require approximately 600,000 gallons per day) but not the other uses associated with the feedlot. On December 4, 2008, Ecology’s director released a memorandum to key legislators defending the agency’s decision and pleading for legislative “clarification,” i.e., modification of the groundwater permit exemption.