4-18-17 Rep John Koster on Hirst decision (water rights)

posted in: WA State Legislature | 0

04-18-17 – Rep. John Koster update: A message to Inslee — You are the governor for the entire state, not just urban King County! Fix Hirst!

You are subscribed to Rep. Koster for Rep. John Koster. This information has recently been updated, and is now available.

04/18/2017 07:57 AM PDT

Home  |  About John  |  News & Media  |  Email Updates  |  Sponsored Bills  |  Contact

Dear Friends and Neighbors,

At a press conference April 6, Gov. Jay Inslee made some disturbing comments against the concerns of rural Washington, reflected in this Capital Press article.

waterfaucetApparently, the governor could care less about a fix to the Hirst decision, a state Supreme Court ruling last October, which has essentially closed rural areas to new domestic wells.

“It is not as important as funding the McCleary decision,” said Inslee, referring to the court’s order to spend more on education. “We’ve got to focus on that. We can’t let any other issues intrude on their ability to get the first job done, which is the McCleary decision. That’s Hirst or anything else.”

I invite you to scroll down to the bottom of this page and read the entire Capital Press article.

While McCleary is important, for the last two months I’ve been pointing out in my email updates on Feb. 13 and March 29, that Hirst may be the biggest and MOST EXPENSIVE issue to hit Washington state in many years!

Rep. Jacquelin Maycumber and I wrote about this in The Seattle Times – “Fix court decision: property without water is worthless.” The article appeared last Friday. You can read it here. Or on my website.

In this article, we are talking about everyone in the state of Washington who will be affected.

We need to ensure economic development continues statewide, not just within urban King County. We need a governor who cares about the rest of Washington — not just for those who live within the view from atop the Space Needle. Hirst will stop development in rural Washington and cause an enormous tax shift to those who own properties with access to water — including urban areas.

Gov. Inslee, you represent all of Washington — not just those within the view of the Space Needle. Rural lives matter too!

GovernorSpaceNeedleFive days remain of the 2017 regular session. Senate Bill 5239, the “Hirst fix bill” that would take our state back to the point prior to the court decision and put the onus back on the Department of Ecology to determine water availability, is sitting in the House Agriculture and Natural Resources Committee, awaiting action. If the bill dies in the committee, it will cost us all in terms of property values and taxes.

If we can’t get a fix on Hirst, the next step is to pass House Bill 2195, which would ensure tax relief to property owners affected by the Hirst decision, reflecting the true value of that property once the water ruling has taken effect.

Please call 1-800-562-6000 and ask that a message be left for the governor about the importance to move the Hirst fix measure, Senate Bill 5239, out of committee. Tell Gov. Inslee he finally needs to represent the rural issues of Washington — not just the issues surrounding the Space Needle. That includes pushing for passage of the Hirst fix.

Watch my video for more about this issue.

Rep. John KosterCAPITAL PRESS ARTICLE – April 7, 2017

Inslee: Rural well issue shouldn’t distract lawmakers
Washington Gov. Jay Inslee’s short list of legislative priorities doesn’t
include reopening rural Washington to new wells

OLYMPIA — Gov. Jay Inslee outlined his legislative priorities Thursday for the last weeks of the session, a list that doesn’t include responding to the state Supreme Court decision that has closed rural Washington to new domestic wells.

“I think it would be most helpful in many, many places to find some solution to it, but it is not as important as funding the McCleary decision,” said Inslee, referring to the court’s order to spend more on education.

Senate Republicans say they want to address this year both McCleary and the Hirst decision. The 6-3 ruling in October will require individual property owners to prove their well won’t draw water from existing uses. Dissenting justices said the decision puts a massive and likely insurmountable burden on people applying for a building permit.

The Washington Farm Bureau has been among the Hirst decision’s leading critics, saying it will stop families from building homes for the next generation of farmers. Tribes and environmental groups say the decision recognizes that new wells could draw down fish-supporting rivers that already have low flows at times.

The GOP-led Senate has passed a bill to nullify Hirst. The Democratic-controlled House has not advanced legislation, though Democrats have proposed in two similar bills to create watershed-level committees to approve projects to keep new wells from usurping other uses of water.

“I think the House, from what I know of their proposal, has a more stable system … that I think would reduce litigation,” Inslee said, speaking to reporters. “I’ll have more to say as these bills progress.”

The sponsor of the Senate bill, Moses Lake Republican Judy Warnick, said she was disappointed that the House hasn’t offered a bill and that Inslee hasn’t made passing one this year a priority.

“Obviously, I disagree with his assessment on this. We do need to deal with it,” she said. “It’s absolutely a slap in the face of rural Washington.”

Warnick said she’s ready to talk with House Democrats and come to an agreement.

“My leadership has asked me to negotiate with them,” she said. “But I don’t know what I would be negotiating with. I don’t want to negotiate against myself.”

House Agriculture and Natural Resources Committee Chairman Brian Blake, D-Aberdeen, said last week he hopes the chamber can produce a Hirst bill, though no legislation had enough support to move from his committee.

Inslee said education funding was the top issue, but he volunteered other priorities. “There are a handful of other bills that I’m also tracking, and I’m hoping that will be delivered to my desk,” he said.

The list, which Inslee said was not exhaustive, included bills to help the homeless, and crack down on distracted driving and human trafficking.

Inslee placed an especially high priority on legislation to bring state driver’s licenses into compliance with the federal REAL ID Act. “This bill is very important to pass this session. They need to reach that agreement and get that bill to my desk this session,” he said

Asked whether a Hirst bill was must-pass legislation, Inslee returned to education funding.

“They’ve got to focus on that. We can’t let any other issues intrude on their ability to get the first job done, which is the McCleary decision. That’s Hirst or anything else,” he said.

In a follow-up question, Inslee was asked whether lawmakers can handle more than one issue at a time.

“Well, they can obviously. What I’m saying is, they ought to focus on McCleary first,” he said. “We’ve got Hirst, we’ve got all kinds of bills, and we need to get down to business on McCleary first. And I think it’s a mistake to say, ‘Well, let’s pass all these bills, and we’ll get around to McCleary in June.’ It’s just not acceptable.”

As of Thursday, the Senate had passed 300 bills this session, and the House had passed 375 bills. Inslee has signed three bills, including one related to education funding.

# # #

Final thoughts

I welcome your thoughts and comments on this or any other issue related to state government. You’ll find my contact information below.

Thank you for allowing me to serve you!


John Koster


State Representative John Koster
39th Legislative District
122G Legislative Building | P.O. Box 40600 | Olympia, WA 98504-0600
360-786-7816 | Toll-free: (800) 562-6000