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Addressing The Prior Appropriation Doctrine In The Shadow Of Climate Change And The Paris Climate Agreement, Kait Schilling
Addressing The Prior Appropriation Doctrine In The Shadow Of Climate Change And The Paris Climate Agreement, Kait Schilling
Seattle Journal of Environmental Law
Climate change is the new lens through which the world needs to view water. Such a viewpoint is prudent, as the western United States is in a state of water scarcity that requires a reevaluation of how fresh water resources are being used. Western states have entrenched themselves in a system of prior appropriation that ensures senior water users retain priority over, and protection from the impacts of, new water users. Unfortunately, allocating new water rights under prior appropriation has become difficult as streams are increasingly fully appropriated with no new water rights allocations available. Climate change is exacerbating this …
The Controversy Over Permit-Exempt Wells In Washington, Jean O. Melious
The Controversy Over Permit-Exempt Wells In Washington, Jean O. Melious
Seattle Journal of Environmental Law
In a groundbreaking 2016 decision commonly referred to as the Hirst decision, the Washington State Supreme Court recognized the interrelationship between land use and water use. The Court held that the state’s Growth Management Act required local governments to protect water resources through measures ensuring that new development would not deprive senior water users of their water rights. The decision focused on development relying on permit-exempt wells. Permit-exempt wells reflect a pioneer mentality that encourages dispersed development by allowing rural property owners and developers to appropriate water without obtaining a permit. Permit-exempt wells are subject to the state law of …