In late December 2011, the Washington State Supreme Court ruled that permit-exempt wells for stockwatering are not expressly limited to 5,000 gallons per day under the state’s Groundwater Code.  The Court issued its decision in Five Corners Family Farm et al. v. Department of Ecology (Easterday Ranches), described in our blog post last year, and therein confirmed the right to an unlimited quantity of water for stockwatering purposes for all existing permit-exempt wells (subject to other water law limitations such as prohibition against impairment of senior water rights).

The Easterday Ranches decision marks the end of legal debate regarding proper interpretation of the Groundwater Code as currently written, which states: “any withdrawal of public groundwaters for stock-watering purposes … is and shall be exempt from the provisions of [the requirement to obtain a permit].” RCW 90.44.050.  The controversy, however, is unlikely to end.  The Legislature can still revise the Groundwater Code and change the rules and limits on future permit exempt wells.  State Senator Nelson has already introduced a bill into the 2012 Legislative Session to reconvene the Stockwater Working Group to review issues surrounding the use of permit-exempt wells for stockwatering purposes and develop recommendations for legislative action.