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Washington State Municipal Water Law

Case Number # 5699

In 2003, the Washington State legislature passed the Municipal Water Law, which promotes irresponsible development at the expense of junior water rights holders and stream flows for fish. The law redefined "municipal water supplier" to include any private developer with connections for 15 or more homes and allows these developers to benefit from expanded rights granted retroactively to municipalities. It carried out these changes without the state Department of Ecology's usual review of the impacts of the expansion of a water right. The law therefore violated the due process rights of water-rights holders. It also violated the separation of powers by retroactively overruling a decision of the Washington Supreme Court.

In June 2008, a judge ruled that the state legislature overreached by redefining developers as "municipal water suppliers."

Center for Environmental Law and Policy
Puget Sound Harvesters
Patti Goldman

Press Releases

Washington Supreme Court Rejects Citizen Challenge to Law Favoring Sprawl
Friday, October 29, 2010
Court decision encourages development, water speculation
Clark County Washington Challenged for Weak Stormwater Controls
Thursday, February 18, 2010
Clean water advocates put county on notice illegal loopholes must be closed
Washington Highways Polluting Puget Sound and Endangering Salmon
Tuesday, March 3, 2009
Puget Sound advocates seek stronger stormwater permit to meet clean water standards
Washington State Board Calls for Stronger Stormwater Controls
Tuesday, February 3, 2009
Rejects second municipal stormwater permit as inadequate
Landmark Ruling Requires Aggressive Action to Protect Puget Sound from Stormwater
Friday, August 8, 2008
Hearings board rejects weaker requirements for municipal stormwater regulation
Washington Law Favoring Developers and Sprawl Overturned
Friday, June 13, 2008
State water law found unconstitutional