Washington Supreme Court Ruling in Hirst Protects Instream Flows

In this much anticipated opinion, the Washington Supreme Court has ruled that, in violation of state law, Whatcom County did not ensure the existence of adequate water supplies before issuing building permits. The case will protect stream flows from the “death by a thousand cuts” impact of small wells. Many Washington tribes have sought to protect stream flows from these so-called exempt wells. The opinion is here.