The Hirst Decision: Washington State Supreme Court confirms cities and counties need to consider water availability when planning for growth

On October 6, 2016, the Washington State Supreme Court concluded that Whatcom County’s “comprehensive plan does not protect water availability because it allows permit-exempt appropriations to impede minimum flows.”  This decision builds on Futurewise’s 2011 win in the Kittitas County decision.

The Supreme Court’s common sense opinion protects both fish and consumers.  Fish and wildlife are protected by planning for growth in a way that protects the instream flows needed to maintain their habitats.  Consumers are protected because new lots and new homes must have a legal supply of water the buyers can rely on long-term.

This decision calls on counties to plan for water supplies up front, and to match growth with available water resources.

Thanks to Jean Melious, who represented the Hirst parties in this case, wrote much of the briefing, and argued the case before the court.

Read the court’s full decision at the following link: Hirst Decision

Read the Futurewise press release here: Hirst Press Release

The Hirst Decision: Washington State Supreme Court confirms cities and counties need to consider water availability when planning for growth

On October 6, 2016, the Washington State Supreme Court concluded that Whatcom County’s “comprehensive plan does not protect water availability because it allows permit-exempt appropriations to impede minimum flows.”  This decision builds on Futurewise’s 2011 win in the Kittitas County decision.

The Supreme Court’s common sense opinion protects both fish and consumers.  Fish and wildlife are protected by planning for growth in a way that protects the instream flows needed to maintain their habitats.  Consumers are protected because new lots and new homes must have a legal supply of water the buyers can rely on long-term.

This decision calls on counties to plan for water supplies up front, and to match growth with available water resources.

Thanks to Jean Melious, who represented the Hirst parties in this case, wrote much of the briefing, and argued the case before the court.

Read the court’s full decision at the following link: Hirst Decision

Read the Futurewise press release here: Hirst Press Release

Legislative Update Week 6: We’re halfway there

Good morning and happy Sunday! Legislators had a full day of floor action yesterday, so I’ll dive right into the updates. I was hoping this email was going to start with “ALL our priorities have passed the House!” But HB … Continue reading

Tiffany Wilk
February 16, 2026

RFP: Valley Creek Daylighting & Stormwater Park Economic Study

Futurewise is looking for a contractor to conduct an economic study for the GreenLink Port Angeles Valley Creek Daylighting and Stormwater Park project. Continue reading

Futurewise
February 13, 2026