Water Availability Forms

A Water Availability Form, officially titled "Water Availability Verification," is a document required by Island County, Washington, to ensure that a proposed building or development has access to an adequate and safe source of potable (drinking) water. It serves as a verification from the water purveyor (either a public water system or the Island County Health Department for individual wells) confirming the availability and adequacy of the water supply for the intended use of the property.  

Here's a breakdown of what the Water Availability Form typically entails and why Island County requires it:

What a Water Availability Form Typically Includes:

• Property Information: Details about the parcel, including the address and parcel number.

• Applicant Information: Name and contact information of the property owner or applicant.

• Type of Proposal: Specifies the nature of the project (e.g., new construction on a vacant parcel, replacement of an existing residence, remodel, accessory dwelling unit, commercial connection).

• Water Source Information:

  • Public Water System: If the property will be served by a public water system, the form includes the system's name, Public Water System (PWS) ID number, confirmation that the parcel is within the approved service area, the system's approved capacity, the number of existing and committed connections, and a statement that the necessary facilities are in place. It often requires the signature of the water purveyor.

  • Individual Well: If the property relies on an individual well, the form requires information about the well (if it exists), and may require water quality testing results (e.g., for bacteria, nitrate, arsenic, chloride, conductivity). The Island County Health Department typically reviews this information.

• Verification Statement: A section for the water purveyor or the Island County Health Department to officially verify the availability of an adequate water supply. This often includes conditions or notes related to the approval.  *This is the part that JBWD fills out on the form.

• Validity: The form usually has an expiration date (often one year from issuance).

Why Island County Requires a Water Availability Form:

Island County requires a Water Availability Form for several critical reasons:

1. Public Health and Safety: The primary reason is to protect public health by ensuring that all new buildings and developments have access to a sufficient quantity of safe drinking water. This helps prevent waterborne illnesses and ensures basic sanitation needs can be met.

2. Sustainable Water Resource Management: Island County, like many areas in Washington State, is concerned about the sustainability of its water resources, particularly groundwater. The WAF process helps the county assess the impact of new development on local water availability and potential issues like seawater intrusion, which is a significant concern in coastal areas.  

3. Compliance with Regulations: Island County has regulations (outlined in its Code of Ordinances, specifically Title VIII Health and Sanitation, Chapter 8.09 Potable Water Source and Supply) that mandate evidence of an adequate water supply before a building permit can be issued. The Water Availability Form serves as this evidence.  

4. Preventing Over-Allocation of Water Resources: By requiring verification, the county can monitor the demand on public water systems and the reliance on individual wells, helping to prevent the over-allocation of water resources and potential water shortages in the future.

5. Protecting Property Owners: The WAV process informs potential property owners about the availability and quality of their water source before they invest in a property or construction. This can help avoid future disputes or costly issues related to water supply.

6. Integration with Building Permits: Effective March 1, 2024, Island County explicitly requires an approved Water Availability Verification (WAV) Form as part of the building permit submittal process for new construction and other development projects. Permits will not be accepted without this verification.  

The Water Availability Form is a crucial regulatory tool used by Island County to safeguard public health, manage water resources responsibly, ensure compliance with local ordinances, and protect property owners by verifying the adequacy and safety of the water supply for proposed development.

Expiration of WAV Forms

There is an expiration timeline for Water Availability Verification Forms in Island County, Washington.  

The Water Availability Verification Form is valid for one year from the date of issuance.  

This means that if the water district signs the form on January 1, 2025, it will expire on January 1, 2026. If the form expires before the building permit is issued or the project is completed, you will need to submit a new application and fee to Island County Public Health for review and approval.

You can find more information about Water Availability Verification Forms, including the application and instructions, on the Island County Public Health website:

• Water Availability Verification Application: https://www.islandcountywa.gov/DocumentCenter/View/3202

• Drinking Water: https://www.islandcountywa.gov/658/Drinking-Water

It's important to note that this information is current as of January 15, 2025. Regulations and procedures can change, so it's always best to confirm the latest requirements with Island County Public Health directly. You can contact them at:

• Phone: Whidbey 360-679-7350 | Camano 360-678-8261 | N Whidbey 360-240-5554  

Email: publichealth@islandcountywa.gov  

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.