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

October Comp Plan Happy Hour

👻Let’s Get Together👻 It’s SpOOky Season! And what’s spookier than car emissions, traffic accidents, and poor sidewalk infrastructure? This month, we’re teaming up with the Nondrivers Alliance and Transportation Choices Coalition to celebrate a Week Without Driving!  With fall fully … Continue reading

Cat Huber
September 9, 2026

We’re Hiring: Campaign Events Intern

Want to help tackle the housing crisis?  Eager to get Washington to move away from fossil fuels?  Want to build walkable cities and protect Washington’s nature and farms? Now’s your chance to be a part of the change! Futurewise is … Continue reading

Futurewise
September 1, 2026