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A developer in Chelan County, Washington, wants to build a 50-unit residential subdivision that will rely on a new community well for water supply. The developer's engineer estimates the development will require 15,000 gallons per day. Which of the following best describes the water right requirements for this project under Washington law?

Correct Answer

B) The developer must obtain a water right permit from the Department of Ecology before drilling the community well, because the proposed withdrawal exceeds the permit-exempt threshold.

The permit-exempt groundwater exemption under RCW 90.44.050 applies only to withdrawals of 5,000 gallons per day or less for specified domestic purposes. At 15,000 gallons per day, the proposed community well for a 50-unit subdivision far exceeds this threshold. Therefore, the developer must apply for and obtain a water right permit from the Washington Department of Ecology before drilling and using the well. The permit application process involves demonstrating water availability, no injury to existing rights, and consistency with the public interest.

Answer Options
A
The project qualifies for the permit-exempt well exemption because it is a residential development, so no water right permit is required.
B
The developer must obtain a water right permit from the Department of Ecology before drilling the community well, because the proposed withdrawal exceeds the permit-exempt threshold.
C
The developer only needs county approval for the well, as water rights for community developments are regulated exclusively at the county level in Washington.
D
The developer may drill the well immediately and apply for a water right permit retroactively within 90 days of first water use.

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Related Topics & Key Terms

Key Terms:

water_rightspermit_exemptcommunity_welldepartment_of_ecologygroundwater_permit

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