ATTORNEY GENERAL'S OFFICE
Filed May 21, 2009,
NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION
WASHINGTON ATTORNEY GENERAL
The Washington attorney general issues formal published
opinions in response to requests by the heads of state
agencies, state legislators, and county prosecuting attorneys.
When it appears that individuals outside the attorney
general's office have information or expertise that will
assist in the preparation of a particular opinion, a summary
of that opinion request will be published in the state
register. If you are interested in commenting on a request
listed in this volume of the register, you should notify the
attorney general's office of your interest by June 24, 2009.
This is not the due date by which comments must be received.
However, if you do not notify the attorney general's office of
your interest in commenting on an opinion request by this
date, the opinion may be issued before your comments have been
received. You may notify the attorney general's office of
your intention to comment by calling (360) 586-0728, or by
writing to the Office of the Attorney General, Solicitor
General Division, Attention Jeffrey T. Even, Deputy Solicitor
General, P.O. Box 40100, Olympia, WA 98504-0100. When you
notify the office of your intention to comment, you may be
provided with a copy of the opinion request in which you are
interested; information about the attorney general's opinion
process; information on how to submit your comments; and a due
date by which your comments must be received to ensure that
they are fully considered.
If you are interested in receiving notice of new formal
opinion requests via e-mail, you may visit the attorney
general's web site at www.atg.wa.gov/AGOOpinions/default.aspx
for more information on how to join our Opinions ListServ.
The attorney general's office seeks public input on the
following opinion request(s):
Opinion Docket No. 09-05-04
Request by Honorable Gregory Zempel
Kittitas County Prosecutor
1. Does RCW 90.44.050 restrict groundwater withdrawals
without a permit for lawn and non-commercial gardening
purposes to a subpart of the 5,000 gallons per day allocated
to single or group domestic use, and thus also limit those
domestic uses of the exemption to a remainder?
2. If RCW 90.44.050 does not limit such groundwater
withdrawals as mentioned above, may the Department of Ecology
implement a rule imposing such a limit by permanently adopting
WAC 173-539A Upper Kittitas Ground Water Rule?
3. Does RCW 90.44 preempt the local legislative authority
of a county from setting a numeric gallon per day limit or
group use limit upon the lawn and non-commercial gardening
exemption from permitting?
4. Could Ecology and a county, by entering into an
agreement, impose such a limit?
© Washington State Code Reviser's Office