Following are excerpts from three legislators - one Republican and two Democrats - who've written their constituents to explain the impact of this failure to act on resolving this critical issue during the state's longest legislative session in its history this year.
Reading them, both to compare how the Democrats spin this issue, illustrates just how disingenuous the Democrats are about telling the truth regarding this critical issue. Note who's to blame in the Democrat's message, compared to who's to blame in the Republican's message.
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First, Rep. Vick from the 18th District:
Dear Friends and Neighbors,
After the longest legislative session in
state history, 193 days, there still remains some unfinished business –
passing a comprehensive, long-term Hirst fix.
For those of you not familiar with Hirst,
you will be soon if a solution is not reached in short order. Hirst
refers to the flawed state Supreme Court decision
from last October in which the court ruled that in order for counties
to comply with the Growth Management Act, they have the responsibility
to ensure water availability for land-use decisions, instead of relying
on the Department of Ecology (DOE).
To say this is problematic and concerning
is an understatement. In fact, Hirst is the single largest property
rights issue I have faced since being elected to the Legislature. Many
do not realize the critical nature of this ruling. It will effect
property values, curb construction and development – exacerbating the
affordable housing crisis that is hitting every corner of our state, and
stretch our local government resources.
Counties don’t have the resources to pay
for the necessary legal and on-site hydrogeological analysis that would
be required for each and every building permit within their
jurisdictions, nor do they want the responsibility of this unfunded
mandate.
The court’s decision also states
residential permit-exempt wells are no longer exempt, making it next to
impossible for landowners to dig wells on their private property. It
should be pointed out that the permit-exempt wells account for only
about 1 percent of statewide water usage. For decades, the tradition in
Washington has been that residential wells (generally defined as ones
that draw less than 5,000 gallons of water a day) do not need a permit.
If you own land and want to build a home on it, you could drill a well
without asking permission of the government. Not now.
The ramifications of this ruling are
substantial. When you have the DOE telling you how bad this could be,
there is reason to worry. The department actually testified before the
House Agriculture and Natural Resources Committee during the legislative
session, calling the Hirst decision “an…enormous hardship for families
that looks like it could be getting worse in the next few years.” You
can watch the public hearing here.
The Hirst decision would be devastating
to our real estate market and construction industry. Real estate and
construction are how we measure the strength of our local economy.
This will not only negatively impact the
economy in rural communities, but urban areas will also feel the
effects. Those of you familiar with our property tax system, understand
this would cause a tax shift. As land is devalued in rural areas,
property owners in our urban regions will end up paying more in taxes to
make up the loss.
We are already seeing the effects on our
banking, building and real estate industries. Washington Federal has
said it will not be lending on properties in the state of Washington
that have had wells drilled after Oct. 6, 2016. You can read more by
clicking “Citing Hirst, lender limits real estate loans” from the Columbia Basin Herald on Aug. 8, 2017.
It was frustrating we could not get a
solution passed during the legislative session. Washington state has
enough water and families should be allowed to access it on their
private property. With this in mind, Republicans felt a comprehensive,
long-term Hirst solution was a priority when the 2017 legislative session began.
The Senate passed a measure early in the regular session, Senate Bill 5239,
which would have returned us to the system the way it was prior to the
court decision. The Senate ended up passing the bill four times: Once in
the regular session, and again in each of the three special sessions.
Unfortunately, the majority party in the House refused to allow a vote
on the measure. This was very disappointing as the Senate bill was
bipartisan, and I believe there would have been bipartisan support in
the House if we would have voted on the bill. Rural Democrats understand
the ramifications of this ruling on the communities in their
legislative districts.
On July 20, we were brought back to Olympia to vote on a bipartisan striking amendment
to Senate Bill 5239 that we hoped would finally give us a fix. Once
again, the majority party in the House refused to bring this solution up
for consideration, despite the likelihood of it passing in both
chambers.
Republicans in the House and Senate have
continued to negotiate in good faith. Unfortunately, as part of
negotiations in the last month, the majority party in the House said
they wanted tribes to be given the authority to demand that the DOE
close basins. This is a relinquishment of our constitutional duties. I
would not support this, nor do I see any of my colleagues in the
Republican Caucus supporting it.
A final point, the court ruling passed on
a 6-3 vote. Washington State Supreme Court Justice Debra L. Stephens’
stated in her dissent: “The majority’s decision hinges on an
interpretation of RCW 19.27.097 that is unsupported by the plain
language of the statute, precedent, or common sense.”
With that, I am hoping common sense will
prevail. We need it to prevail. The longer we go without a Hirst
solution, uncertainty will continue to grow for families, builders,
lenders and local governments. The economic effects will become a stark
reality – banks won’t be issuing loans, counties won’t issue building
permits, and undeveloped property will be rendered worthless. However,
we must not give in just to reach a solution in this critical property
rights issue, but stand strong for what is right and in this case, is
just common sense.
Sincerely,
Brandon Vick
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Next, there's this message from Reps. Lori Dolan and Beth Doglio:
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Next, there's this message from Reps. Lori Dolan and Beth Doglio:
A quick summary of the last few days of session:
A deal was reached last week
between House and Senate, Democrats and Republicans, on the state's $4
billion capital budget. This budget would have supported tens of
thousands of good-paying construction jobs around the state.
It would have financed critical improvements to North Thurston High School, Roosevelt Elementary, and several other schools in our community. The Thurston County Readiness Center and Evergreen also had projects on the list.
(Click here for a full listing of capital projects in the 22nd Legislative District.)
These
critical infrastructure projects will not be funded in the near term
because Senate Republicans held the capital budget hostage. They killed $4 billion
in community investments and tens of thousands of jobs during the height of
construction season because they wouldn't compromise with our Democratic
proposal to hold all property owners harmless who have been caught in the
Supreme Court Hirst decision for the next 24 months while a more permanent
water management solution is created.
We are
extremely disappointed with this outcome. Killing an agreed-to capital
budget that benefits the entire state is a complete failure of
leadership from the Senate Republicans.
Additional background:
The capital budget (sometimes known as the construction
budget) creates tens of thousands of jobs across the state. These resources build
schools, colleges, state parks, dental clinics, and make improvements to our
mental health facilities.
This year’s capital budget would have included over $1
billion for new school construction – a state record and a critical investment
to meet our obligation to fully fund education.
Negotiators representing both parties in the Senate and the
House reached an agreement on a $4 billion capital budget.
Here are some of the investments the capital budget would
make:
- Tens of thousands of jobs in construction, engineering and natural resources
- A record $1 billion to build new public schools, which would help satisfy the Supreme Court’s McCleary decision to fully fund our schools
- $800 million in projects at our colleges and universities
- Improvements to state and community mental health facilities
- Local construction projects in every corner of the state
- Affordable housing funding when the housing crisis is reaching its peak
- Projects to bring safe, clean water to communities throughout Washington
Regrettably, the Republican-led Senate killed these vital
investments in our state’s future when they adjourned without voting on the
budget.
Up until this past Tuesday, Senate Republicans refused to
meet on the capital budget until an agreement was reached on a water rights
dispute regarding the state Supreme Court’s Hirst decision.
Hirst is a complex water issue that affects
landowners, builders, tribes, and the environment. House Democrats negotiated
in good faith to solve the issue. Most recently, Democrats offered to provide
immediate relief for the next two years for every property owner currently in
limbo over the Hirst issue, which would give lawmakers and key
stakeholders additional time to find a long-term solution agreeable to all
sides, but Senate Republicans rejected all our proposals.
Holding the capital budget hostage in order to extract a
policy concession elsewhere is counterproductive. Rejecting an agreed-to $4
billion investment in our state’s economy over the next two years will hurt
Washington’s economy as a whole - including those looking for relief from Hirst.
While the actions of the Senate Republicans have the
Legislature ending on a major down note, 2017 did have many wins. Those wins
include a historic investment in K-12 education, the creation of the new
Department of Children, Youth and Families and the passage of paid family and
medical leave, which will help working families across the state.
Even with all
these successes, House Democrats understand how important the capital budget is
and are committed to continue working on the water issue. We will gladly come
back to pass a capital budget and a Hirst fix whenever the Senate Republicans
are ready to compromise.
Beth & Laurie
By comparing these two ideological views, it becomes obvious who's bullshitting whom.
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