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Posts by Neil Caulkins

Vested Rights and the Hirst Decision

Vested Rights and the Hirst Decision

January 23, 2017 by Neil Caulkins
Category: Court Decisions, AGO Opinions and Regulations , Vested Rights

This is the fifth post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post explores whether one can have a vested right to use a permit-exempt well as the water source for development (subdivision or building permit).

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The Effect of Hirst on Non-GMA Counties and Issues Other Than Water

The Effect of Hirst on Non-GMA Counties and Issues Other Than Water

November 10, 2016 by Neil Caulkins
Category: Water Resources , Court Decisions, AGO Opinions and Regulations

This is the fourth post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post considers two additional questions: (1) the potential impact of the Hirst decision on counties that do not plan under the GMA; and (2) whether Hirst has application to issues other than water.

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What is a “Determination of Water Availability” Under Hirst?

What is a “Determination of Water Availability” Under Hirst?

November 3, 2016 by Neil Caulkins
Category: Water Resources , Court Decisions, AGO Opinions and Regulations

This is the third post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. In Hirst, the Washington Supreme Court made clear that counties have the responsibility under the Growth Management Act to make determinations of water availability for development permit approval. This post discusses what exactly is a “determination of availability” and how it is different than a “determination of adequacy” under chapter 19.27 RCW.

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Approaching Your County’s Post Hirst Water Resource Responsibilities

Approaching Your County’s Post Hirst Water Resource Responsibilities

October 31, 2016 by Neil Caulkins
Category: Water Resources , Court Decisions, AGO Opinions and Regulations

This is the second post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post provides an overview of the water resource responsibilities and options that GMA counties now have in light of the Hirst decision. 

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New Ruling Affirms GMA Counties’ Big Role in Water Resource Planning

New Ruling Affirms GMA Counties’ Big Role in Water Resource Planning

October 27, 2016 by Neil Caulkins
Category: Water Resources , Court Decisions, AGO Opinions and Regulations

This is the first post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post provides a general overview of the decision, which held that counties have the responsibility under the GMA to make determinations of water availability for development permit approval and cannot defer to Ecology or rely upon the decision of others when making these determinations.
 

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