Washington Supreme Court
State, Dept. of Ecology v. Campbell & Gwinn
March 28, 200243 P.3d 4
Summary
The Washington Supreme Court held that RCW 90.44.050's exemption from groundwater permitting for domestic uses of up to 5,000 gallons per day affords only one exempt withdrawal per project, so a subdivision developer may not drill a separate exempt well for each lot when the wells collectively would exceed 5,000 gpd. Because the permit requirement attaches before any well is constructed, eligibility for the exemption turns on the person planning the wells—the developer—rather than solely on the ultimate beneficial user, and the court accordingly rejected the landowners' rule-making and equitable estoppel arguments. Summary judgment for the landowners was reversed and the case remanded for entry of summary judgment for Ecology. Justice Owens dissented, joined by Justice Sanders concurring in dissent, contending the exemption categorically covers every well withdrawing less than 5,000 gpd for domestic use regardless of who drills it.