On January 10, the Okanogan County Commissioners voted 2-1 to lift a building moratorium for lots in the Methow watershed created by subdivision before January 26, 2021, opening the door for the approval of building permits on these lots to resume. This decision came in response to Okanogan County Superior Court Judge Henry Rawson’s November 5th ruling that the owners of vacant lots created by subdivision after March 2002 “may have vested rights to build homes” using water that state regulation limits to single homes.

A separate moratorium that halted new subdivisions will be allowed to expire on January 26, 2022. However, the Okanogan County Commissioners clarified at their January 10 meeting that they interpreted Judge Rawson’s ruling to mean that the county cannot permit new subdivisions unless developers can provide water to lots from a source other than water for single homes.

The court’s ruling and the lifting of the building moratorium on parcels that are the result of past subdivisions allows individuals whose plans and investments were put on hold to build.  This ruling, however, is also troubling for many local residents, who share concerns about the impacts of adding hundreds of new homes to a watershed already in danger of not having enough water to serve residents and businesses in times of drought.

For MVCC, the lifting of the moratoriums raises questions: If Judge Rawson’s ruling affirms that state law does not allow the use of this water for subdivision lots, why is the county tapping the Methow River’s reserves for hundreds of “vested” subdivision lots? Why should hundreds of new homes gain priority over the river’s own base flows and the needs of endangered species? Are lots with no investment in wells, permits or infrastructure equally as “vested” as others, with the same priority access to water from the river? Do the Comprehensive Plan and Zoning regulations spell out the Methow’s water use restrictions clearly enough to ensure that future decision makers will adhere to them?

We believe that everyone would have benefited from a more thorough analysis by the county, leading to a consistent approach for identifying vested lots and prioritizing these for proper mitigation (water rights) to offset the impact of new wells on the river and senior water rights holders. The current situation feels much more like the Wild West, with strong demand pressure driving a new building boom, tapping stressed aquifers even as river levels continue to drop. We believe a more intentional approach, with equity and sustainability as guiding values, is more in keeping with the spirit of the Methow Valley.

This story is still unfolding, and there is still time to take corrective action. MVCC will continue to urge the county to consider mitigating (buying water rights) for all lots created after 2002, despite Rawson’s ruling, because it’s the right thing to do for the river and the wildlife it supports, for our farmers and other water rights holders, for the rights of sovereign Tribes, and for future generations of all species.