WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Lytton bill would ‘find balance’ between water rights and habitat

Lytton bill would ‘find balance’ between water rights and habitat

OLYMPIA – Rep. Kristine Lytton’s bill to help address a decades-old controversy over water rights in the Skagit River basin will be heard in the House Agriculture and Natural Resources Committee at 10 a.m. on Tuesday, Feb. 3.

Lytton (D-Anacortes), who is vice-chair of the committee, proposed HB 1793 to find a balance between a restriction on rural landowners’ access to new water in the area, and protecting salmon habitat.

A state Department of Ecology “instream flow” rule and related court decisions effectively banned certain landowners from drilling wells on their property; the rule was established to maintain water flow in the Skagit River and its tributaries at levels that protect salmon and other fish. Piping water to their properties or purchasing offsetting water rights are options, but can be very expensive or are simply not possible in all parts of the Skagit River basin.

“I’ve been working with the Skagit Public Utility District, the Swinomish Tribe, state agencies and others to come up with alternatives to wells,” Lytton said. “Some people want to fight the basin’s instream flow restrictions and the courts; I’d rather find solutions.”

Lytton’s bill would allow local jurisdictions to develop rules outlining when and how alternative water sources can be used in restricted areas, including such options as cisterns, trucked and stored water, and rain water collection and sanitization systems, among others – as long as these options meet the definition of “potable water.” With such systems in place, a landowner could then get a building permit.

“The bill won’t be a perfect solution for every potential building site but I hope it does give each land owner options which may let them build the homes that they have been dreaming of,” Lytton said. “I hope we can build on this bill to find more common ground.”