Fight over water rights as third special session enters final day

OLYMPIA, Wash. — State legislators are entering the last day of their third special session, and they could begin a fourth without a complete agreement on a budget.

After the state budget was signed in late June, a few lingering points were left to tie up. One point is now holding up the capital budget which is used for projects like roads, bridges and other infrastructure.

A billion dollars’ worth of school projects across the state are on hold and in jeopardy if there is no compromise.

Lawmakers in Olympia have been at odds over fulfilling the state Supreme Court's Hirst decision. The Hirst decision is a Supreme Court decision requiring new, more expensive testing before homeowners can put in a well on their property. There is a disagreement, however, over who should pay for that testing — the county or the state. A bill — HB 2248 — was designed to solve the problem, but Republicans and Democrats cannot agree on it.

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State Republicans say they're not passing a $4 billion, two-year capital construction budget that's already been agreed upon, unless there's an agreement to fulfill that Hirst decision.

"Our capital budget chairman has told us there will not be a capital budget without a Hirst decision, so you might say that's holding up a budget,” said Sen. Judy Warnick - (R) Moses Lake.

“Legislative leaders told me (Wednesday) they have reached an impasse on a bill to address the Hirst decision,” Washington Governor Jay Inslee said. “I asked Senate Republicans if they would accept a 24-month delay to give property owners relief, but they told me they would not. There have been other offers throughout this session, and as recently as (Wednesday,) the House provided the Senate a permanent fix I would have supported, but the Senate has rejected those as well.”

"We're trying to protect the rights of existing water users, but at the same time balance that with the needs of land owners who’d like to put in new wells,” said Rep. Derek Stanford - (D) Bothell.

Inslee is giving lawmakers until Thursday to come to an agreement. He is also asking for a temporary 2-year agreement so the Legislature can move forward on the budget. Republicans don’t like that idea.

While state legislators have gone through three extra sessions already, Inslee says he will be having fourth, but won't call legislators back for it, until lawmakers have a compromise for the Hirst decision in-hand.
    
But if capital construction isn't passed for schools, some districts may run afoul of the McCleary funding decision.

Cox Media Group