Livestock water bills go nowhere

The Associated Press • Published March 20, 2009

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YAKIMA – Questions about a longstanding exemption that allows unlimited use of water for livestock won't be answered this legislative session.

Several bills on the issue failed to advance before the bill cutoff deadline last week, but lawmakers say a group could study the matter after the session.

The state's huge $8 billion budget gap has monopolized lawmakers' interest this year.

Jay Gordon, executive director of the Washington State Dairy Federation, said he believes a lack of information about the water measure doomed its chances.

"There are so many people whose livelihoods depend on these wells. We have to be careful we don't move too quickly," Gordon told the Yakima Herald-Republic.

The state Department of Ecology had asked lawmakers to clarify whether a 1945 law allows large livestock operations to draw water from wells for which a water right or permit is not required.

Under the law, a well may be drilled without a permit as long as usage is limited to 5,000 gallons per day. Uses are limited to livestock watering, small industry, domestic use or noncommercial watering of a small lawn or garden.

In 2005, Attorney General Rob McKenna issued an opinion that barred the state from limiting the amount of water that ranchers draw daily for their livestock.

State Rep. Bruce Chandler, R-Granger, said Tuesday that creating a study group could surface in the biennial budget bill.

Evan Sheffels, water policy special assistant to Ecology Director Jay Manning, said the agency is looking forward to participating in a work group.

"We are supportive of a conversation over the interim," he said. "It is important to us. We want to find a way through this."

Ecology officials have said the exemptions have been abused, allowing large dairies and feedlots to draw large amounts of ground water without obtaining a state permit. The department also is concerned the increase in the number of rural homes relying on exempt wells is taking too much ground water and threatening older, senior water rights.

The dairy federation's Gordon said the exemption is such a large issue for farm and rural residents that a delay for all sides to more fully understand it should result in a better piece of legislation next session.

"There are so many operations and families intertwined with this policy that a good, serious discussion from the environmental community, the tribes and farmers is needed so everyone has an understanding of how to unravel this without hurting anyone," he said.