While water may be a scarce resource on Orcas Island, controversy over water seems plentiful. Of course the scarcity has a great deal to do with the controversy. Unfortunately, a lack of understanding of both vagaries of Washington water law and our island hydrogeology also play a role.

At the root of many of these contentious issues is a fundamental misunderstanding over the ownership of our water resources. Water law is based on the notion that “we the people” of the state of Washington share a common interest in the waters of Washington. No individual, no commercial entity, and no utility may actually “own” water. For the benefit of its citizens the state has assumed the responsibility for managing our water resources. How effectively the State has exercised that responsibility is certainly open for debate, however the salient point to be made is that none of us actually owns water.

We don’t own the water that exists in the aquifers beneath our property. We don’t own the water in the ponds we build. We don’t own the rainwater that falls from the sky onto our property. All of these waters belong to everyone, and are managed by our representative government.

The issues over “water ownership” are perhaps best put in perspective when you consider the perpetual cycle of water. Each molecule of water spends time moving from the ocean, to the sky, to our rivers and lakes, into plants, into our bodies, into our soils, to being frozen as ice and back around again and again. In the most basic terms we are always reusing the water from someone “up stream” of us, and there is always another “someone” about to use the same water we are. Obviously every living organism on the planet is dependent on water, it can’t be just “ours”.

The county’s new “rainwater catchment” permit application has drawn criticism as another form of government expanding its control in our lives. I believe the reality is quite different. It is a pioneering effort between the State Department of Ecology and San Juan County to allow citizens the opportunity to utilize rainwater catchment simply, safely and legally. Prior to this new permitting process individual and organizations investing in rainwater catchment were assuming a risk of running against state laws.

The law does provide for certain rights when it comes to our use of water. Unfortunately these rights are not widely known. Private well owners who are concerned about the impairment of their water source by future development would be wise to take important steps to establishing a historic water use pattern from their wells. If you are worried about another well or development “impairing” your water source, the legal burden of proving that impairment will require that you be able to document your historic water use pattern. This is most easily accomplished by adding a meter to your water supply line, and keeping a record of your meter readings. Installing such a meter might cost $200. Without the ability to document your historic water use from your well, you will have a much more difficult time prevailing in an impairment dispute.

Further protection of your rights to use the water from your well can be gained by keeping a log of your well’s “depth to water” data. This “depth to water” reading is simply a measure of the stabilized water level in your well casing. However, to properly protect your water source from contamination and to make sure your data is accurate and viable, it is best to consult with a water resource professional on the equipment needed and the process involved in performing such testing.

The state assigns the rights to use water via a “water right”. In order to legally utilize water diverted from a surface water source (such as a lake, stream or pond) you need a water right. Without a water right your access to that water is both illegal and tenuous. While the Department of Ecology does not have the resources to search out illegal water diversions, they will investigate complaints.

Similarly, if you utilize groundwater from a well for anything other than exempt uses such as 1) stock watering; 2) domestic use (up to 5,000 gallons/day); 3) non-commercial irrigation up to ½ acre; and 4) industrial use (also up to 5,000 gallons/day) the law requires you to have a water right.

Area farmers take note; your commercial irrigation may require a water right. Without a water right you may not have legal nor historic right to that water. Someone could make a water right application for the exact water resource you are dependent on and “take” it from you.

Over the last several years the Department of Ecology has committed significant resources to taking action on water right applications on Orcas Island. Ecology staff are “clearing up” several decades of accumulated water rights applications. Now is the time to take action before staff moves on to working on other backlogs around the state.

We can all agree that our County’s water resources are vital to the well being of our community. I personally and professionally become concerned when these resources are used to support any particular political agenda. Water and politics have been bedfellows for centuries, often times creating significant inequities. As an isolated archipelago, we are fortunate to have substantial autonomy over our water resources. San Juan County is making progress in developing a better understanding of our water resources and the “best available science” that we have developed should be a key component to any decision regarding our water resources.

So take some action, meter you well, use only what is necessary, investigate the need for water rights associated with your agricultural or commercial water use, and remember no water is really yours or mine, it is a gift to be shared by all God’s creation.

Paul Kamin is the General Manager of the Eastsound Water Users Association.