Municipal utilities required to use water supplies efficiently

By MATTHEW WEAVER

Capital Press

Washington agricultural producers aren't likely to be affected by a court decision upholding a municipal water law, a state Department of Ecology representative says.

On Oct. 28, the Washington State Supreme Court unanimously ruled the state's municipal water law is constitutional. Several Indian tribes, environmental groups and individuals sued the state in 2006, according to a department press release.

Ecology Communications Manager Dan Partridge said the ruling does not affect agricultural holders of water rights.

"This has to do with water suppliers, public utility districts, municipalities, other purveyors of water systems," he said.

The state Legislature passed the law in 2003 to clarify the nature of water certificates issued prior to 1998. Before that, Partridge said, the state did not require water to be put to beneficial use immediately, as is now required.

"The decision makes it clear that these water rights certificates issued under this procedure are in good standing," Partridge said. Under the law, utilities must use water efficiently, according to a department release.

Rachael Paschal Osborn, executive director of the Center for Environmental Law and Policy and a plaintiff in the lawsuit, said in a press release she was disappointed.

The ruling leaves the door open for case-by-case challenges by junior water right holders to municipal water pumping, according to a CELP press release.

Online

www.ecy.wa.gov/programs/wr/rights/muni_wtr.html