Exempt Wells

While JBWD frequently receives inquiries about water service availability, it's important to understand that connecting to the public water system is the preferred method for obtaining water in this area.  The Washington State Departments of Ecology and Health both see an increase in the number of permit-exempt (exempt) wells drilled within the service area of an available public water system.  Exempt wells serve an important role in supporting the needs of rural communities. However, they can sometimes become a hazard to the water supply.   They may add complications to efficient infrastructure development and strain the financial stability of public water systems. Exempt wells should not be drilled when alternatives are available.  The Island County government has the authority to prohibit the drilling of wells. The local county ordinances and resolutions are meant to prohibit drilling of new exempt wells in public water system service areas. 

Drilling a new well within the Juniper Beach Water District service area is generally prohibited. This is because public water service is readily available, and new wells can pose risks to our shared water resources.

The Juniper Beach Water District service area includes:

• All land south of State Route 532.

• Between Juniper Beach Road to the west and Smith Road to the east.

• Most of the Land's Hill area.

Why are new wells discouraged?

• Water availability: New wells can strain existing water resources and potentially impact the water supply for your neighbors and the community.

• Public health: Improperly constructed or maintained wells can become contaminated, posing a health risk to you and your family.

• Infrastructure and finances: Relying on individual wells can hinder the efficient development of public water infrastructure and put a strain on the financial stability of the public water system.

Before you drill:

• Contact Island County: If you are considering drilling a well, you must first contact Island County and complete a Water Availability form.

• Water Availability Form: This form will be sent to the Juniper Beach Water District to determine if public water service can be provided to your property.

• Exempt wells are for limited circumstances: While exempt wells are important for some rural communities, they should only be drilled when there is no other alternative.

In summary: Island County and the Juniper Beach Water District are committed to protecting our shared water resources and ensuring a safe and reliable water supply for all residents.  Please contact Island County to explore your options for water service before considering drilling a new well.

State Departmental Roles

Department of Ecology

The RCW 90.44.050 permit exemption provides a pathway for small uses of water to bypass the Department of Ecology’s (Ecology) water right permitting system. As a result, Ecology's authority to regulate exempt wells is limited. Ecology’s authority to regulate:

• Exempt well compliance issues that relate to overuse or misuse of RCW 90.44.050 permit exemption. This includes applications of the Ecology v. Campbell & Gwinn decision to prevent larger developments from "daisy-chaining" multiple permit exemptions to avoid normal permitting requirements. This authority provides strict limits on an individual's ability to drill a new exempt well within an existing subdivision that is served by an established water system.

• Exempt well water availability issues that relate to new unmitigated exempt uses that would impact surface flows regulated through adopted instream flow rules or water source closures.

Ecology’s statutory authority does not prevent drilling of an exempt well solely on the basis that it is within the service area of an existing public water system. However, Ecology’s statutory authority does allow adopting future administrative rules that regulate the drilling of new exempt wells, including authority to prohibit drilling of exempt wells in public water system service areas.

Department of Health

The Department of Health (Health) cannot prohibit drilling of exempt wells, even within public water system service areas. Health’s authority does not create rules that would prevent drilling of an exempt well. Health’s authority does regulate how a new exempt well is used after construction.

Local Role

City and county governments are best positioned to adopt ordinances that prohibit drilling of new exempt wells. Local authorities adopt restrictive ordinances for many reasons.

• Subdivision. Lots created through subdivision owe their existence to the available infrastructure. The developer agreed to make sure that all public services were available.

• Infrastructure reliability. Lots that don’t connect threaten the financial health of its public water system. Exempt wells discourage both public and private investment in your community.

• Duty to serve. Water systems have a duty to serve so they build infrastructure that anticipates new water connections. When a private well fails, water systems must be ready to serve. The presence of exempt wells within the service area limits the water system’s ability to serve other customers without contributing to its cost.

• Reduce housing costs. Water system planning reduces new development costs by pre-building infrastructure for unbuilt lots. To maintain each water system’s financial health, new construction must connect to pay for the infrastructure it demanded. When properties do not connect, it delays construction until the infrastructure can be installed.

• Duty to protect. Cities and counties must protect water supplies under the Growth Management Act. RCW 36.70A.070(1) states, “The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies.” Every well represents a pathway for aquifer contamination. You protect groundwater quality when you prevent extra wells.

• Local authority. Cities and counties have constitutional and statutory authority to require lots to make a connection to an existing public water system. See RCW 19.27.097(2) and Article XI, Section 11 of the state constitution.

• Receivership. A court may order receivership when a water system fails. Receivership transfers control of a water system to an organization that can rescue it. Under RCW 43.70.195, the county is the receiver of last resort. The county has the duty and authority to bring the water system back into compliance. This causes additional state oversight, public scrutiny, and unhappy customers. Elected county officials may need to raise rates because of it. Receiverships are difficult, complicated, and distracting. There is no “winning” scenario.