https://yelmcommunity.org/2009/02/hardi ... e-legisla/
YELM ? The city has lost the latest round in an apparent precedent-setting case that will determine when and to what level a city must prove it has the water to serve a planned development.
Yelm Mayor Ron Harding said Friday the city will appeal a ruling that overturns its preliminary approval of five subdivisions totaling 568 homes, townhomes and condominiums.
Superior Court Judge Chris Wickham ruled a condition placed on the preliminary approval of the subdivisions violated state law. The condition allowed the city to wait until someone applied for a building permit to prove it had enough water to serve the proposed development. He determined the city must show that proof earlier in the land-use process.
The final outcome could have statewide implications as cities continue to grow and drinking water becomes more scarce.
Channeler JZ Knight challenged the approval of the subdivisions on the basis the city did not have sufficient water to serve them and that could affect future development of her property.
A hearings examiner had granted preliminary approval of the subdivisions on the condition the city prove it has enough water to serve the development either "at final plat approval and/or prior to the issuance of any building permit." The City Council upheld his decision in February and Knight appealed to Thurston County Superior Court the following month.
The issues
The court challenge eventually focused on two questions: May the city of Yelm continue the practice of waiting until an individual requested a building permit to provide proof it has enough water to serve the proposed development? What level of proof must be shown?
State law states cities must determine "appropriate provisions" are made for such basic serves as public health, safety and "potable water supplies" before they approve subdivisions. The law fails to define "appropriate provisions" or where in the land-use process that must occur.
Preliminary plat approval of a subdivision allows a developer to grade, install utilities and roads and subdivide the property into lots. Final plat approval allows a developer to sell off the individual lots that will be built on after securing a building permit.
Wickham ruled the city must determine it can provide water to a development at the time of final plat approval. He remanded the subdivisions' approvals back to the city of Yelm to remove the "/or" in the condition to make it clear the city must prove water at the time of final plat approval.
But it's also clear from his five-page ruling that he struggled in his decision on whether the city's determination must be based on proof of a water right held by the city at the time of the final plat approval. He said it's likely the first time a court has addressed this question.
He wrote it "seems appropriate" to defer that determination on these five subdivisions until their final plat approval.
"If the determination were to be made today on this record, this Court would conclude the City would have to require a showing of approved and available water rights sufficient to serve all currently approved and to-be-approved subdivisions," he wrote.
Yelm reaction
Yelm city officials said Wickham exceeded his authority by making a ruling on a action that has yet to occur, namely consideration of the final plat approval for the subdivisions.
They argued that, if upheld, his ruling means cities would have to "bank," or set aside water, even for property that may never develop.
"If it falls on Yelm, it's going to affect other cities," City Administrator Shelly Badger said of the ramifications of such a ruling.
Ecology position
The state Department of Ecology, which regulates the public waters in the state, sided with Knight in a friend-of-the-court brief filed in the challenge.
The state agency said it's important "the cart does not get before the horse" by cities approving subdivisions without securing the water to serve them.
"Having water in place early in the process would also eliminate the possibility of a lot owner's expectations being dashed and his or her investment being stranded because there is no water to serve the actual lot," wrote Assistant Attorney General Maia Bellon, representing the agency.
For instance, they point that Yelm gave final plat approval to the first phase of Tahoma Terra, which includes 463 dwelling units. The city has issued 90 building permits after the developer transferred water rights to serve them. But Ecology notes the city doesn't have the water to serve the remaining lots.
Keith Moxon, the attorney representing Knight, said he was pleased with the decision.
Asked about the city's intent to challenge the ruling, he responded, "They have the right to appeal and get it sorted."
Yelm water history
Wickham also ruled the city was pumping more water than it had legal right since 2001 and doesn't have sufficient water rights to serve the five new subdivisions.
City official countered Ecology has given them several determinations on its legal water right, including an opinion last year that removed about 16 percent of its right. With this uncertainty, they argue the only reliable number is in its 2002 master water plan, which won state approval. The city has stayed within its legal water right using that number plus additional water rights it obtained since that time.
The city has undertaken efforts to conserve water, including using reclaimed water and plugging leaks in its system, and is working with Lacey and Olympia to secure additional water rights from a deep aquifer in the Nisqually basin, Badger said.
In its brief, Ecology noted one reason it was participating in the lawsuit was to prevent possible water rights violations by the city.
The two sides have reached agreement that the city will pump not more than 796 acre-feet this year, a limit Badger said the city is on pace to stay within. That limit would not provide enough water to serve the five subdivisions.
"Our job is to get people in compliance, and they are in compliance to the best of our knowledge. ? That's success for us," said Tom Loranger, water resources manager Ecology's southwest regional office.
Christian Hill covers Lacey and Thurston County for The Olympian. He can be reached at 360-754-5427 or at chill@theolympian.com.
Judge says Yelm must prove it has water Nov 24
comments from the Olympian readers
read in chronological order from the bottom up (if some of the comments don't make sense)
comments following the article:
http://www.haloscan.com/comments/theolympian/672384/ (DEAD LINK)
"The number of students visiting the community who participated also increased to 1,635, more than double from last year." A quote being made from a newsletter about the number of students attending Knight's place.
Is this a proper quote? Is the number more than can be handled properly by the existing water rights and amount permitted? The new survey should help find out.
how much water | 11.24.08 - 12:01 pm | #
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Oh bullcrap. The supply of water is not the issue. Not really. There is a sub-development being built near JZ?s property and she doesn?t want the neighbors. She has numerous benefactors that allow her to keep the issue in court. She just keeps appealing until she finds a judge who will agree. So, due process and the amount of water are far less in question than JZ?s personal agenda. It seems to me that if JZ didn?t want neighbors, she would have bought the land herself long before it was developed. Failure to do so, she will simply run these legitimate businesses into the ground with legal appeal after appeal. JZ doesn?t care about the environment. She cares about her bank account. Don?t get on the bad guys? wagon just because they are using one of your causes to hurt innocent people. What?s her school called? Something about enlightenment? Yeah, I got enlightenment for you? She?s a sham but she?s got loads of money. Ask me how I know? A 40,000 year old warrior spirit (who kicked her warrior spirit?s butt) told me.
ShimmySham | 11.24.08 - 11:40 am | #
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There is only so much water in Yelm and it has been drawing down in level for years. The next step is to get the State more actively involved and push the case up the court ranks The State of Washington said their School is not on their list of regionally accredited or WA State Licensed schools and post secondary educational institutions. Go talk to the government if you don't believe it.
Spiritual School events bring hundreds and have been recorded at thousands of people in its history. This count is by their public and published statements and photographs and by their students and witnesses. These groups show much larger water and waste use than may have been designed or permitted for that site. If you don't like that information then take it up with them.
New and additional water amount assessments will be made for the area which includes development sites and those concerned. If you don't like it then take it up with the courts.
If you don't agree with anything written here then disprove it.
yelm watchers | 11.24.08 - 11:33 am | #
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Out in the Sticks ~
Watch out, she'll send the channeled spirits after you. Then she'll charge a few grand for her "services".
Thieves | 11.24.08 - 11:08 am | #
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The only thing I hate more than Yelm City Hall, is Ramtha. She can take her lawsuit and all the freaks she has brought to Yelm, and shove it where the sun don't shine.
Out in the Sticks | 11.24.08 - 10:52 am | #
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Greed, ignorance, and deals with the developers have caught up with Mayor Harding and Council. I'm glad every eye is on them, they all need to be tossed out, we need honest, intelligent, caring folks to take the lead as Mayor and council members, those who really care about the city, environment, water, and quality of life now and for the future generations of Yelm. Mayor Harding and the council have made a mockery of Yelm citizens and show total disregard for the citizens who voted them in! Good for Judge Wickham, its about time the law stepped in! They need to watch these so called leaders in Yelm very closely!
LD | 11.24.08 - 10:52 am | #
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Why is Yelm attempting to approve more subdivisions when it can't supply water to subdivisions it has already approved? As for "water is precious", you sure can come up with a lot of accusations; why not try proving them?
Mweh | 11.24.08 - 10:38 am | #
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There are concerns that thousands of Ramtha followers attending her non-regionally, non-state accredited school in Yelm, contrary to what was believed would happen, are using a tremendous amount of water and producing a tremendous amount of human waste never planned for or properly permitted.
Yelm area has a water shortage in that more water is being pumped than being refilled. It cannot support its current population, both properly recorded and due to the huge up swings in Ramtha followers when they attend events in Yelm.
A court ordered water survey and analysis will be done on the Platts in question as well as other areas including Knight-Ramtha's property! If you think that thousands of unplanned people attending and using water resources is going to be overlooked then you are mistaken.
The economy is failing and new developments may not be able to be funding. If a negative water assessment is made then developers and Knight will be forced to vastly reduce the number of water and waste users on their property. This could be the last straw for Knights School that forces them to move to another area with more water to do her events.
Water is precious | 11.24.08 - 8:04 am | #
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Tumeater Res..
Well said...
LD | 11.24.08 - 6:03 am | #
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As a former Yelm resident, I am very happy to see someone challenging the status quo at Yelm City Hall. The backdoor dealings with developers have gone on for some time it appears.
Yelm officials & Mayor Harding could not contain their greed and pro-development stance and ensure residents have enough water. Why not be more prudent in protecting groundwater for current and future residents? Yelm Officials: Wake up! This is a big deal and not something to put on the backburner.
They want growth, growth, and more growth, without any of those pesky regulations. It looks like Ecology has been asleep at the wheel since 2001 on this. I agree with the Judge's ruling. It is factual and sensible, which is exactly why clueless Yelm officials are upset.
Tumwater Res | 11.24.08 - 5:58 am | #
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It's about time Yelm's decision-makers have been questioned. They have been getting away with this for a long time. The community has suffered due to the unrestained approvels by the greedy Yelm officials for a long time now. We are paying in the uncertainty of water, (will some of us need to dig digger wells on our own property again??) more congestion of roads, more homes and people than we can accomodate, and overcrowded schools due to Mayor Harding and City Council's overjeaslous and greedy aprovals. This needs to be kept in the news, folks in Yelm don't get information here in Yelm. If we write to the city officials, they don't get answered. The Niqually Valley Newsaper is the "official newspaper of city hall" in Yelm so we don't get much information there. This isn't an open and free government out here, its a dictorship! I don't belong to any organization, I'm a concerned citizen in the Yelm community and have seen this go from bad to worse.
LD | 11.24.08 - 4:37 am | #
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Yelm is doing its best to become the ugly bastard child of Spanaway and Lacey, with a twist of Rainier WT hillbilly thrown in. Im glad someone put a damper on that Pupaeting Monster.
Anym. | 11.24.08 - 1:00 am | #
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Knight needs the extra water to keep her "fountain of youth" in the big house running. The friend of the court is probably being taught the benefits of baka-maru and inner self exploration.
Say the trusted Yelm fathers, "Of course you realize this means...."
Homepage: http://www.myspace.com/iamnoone
IamNoOne | 11.24.08 - 12:17 am | #
Click here to report this comment to The Olympian.
comments following the article:
http://www.haloscan.com/comments/theolympian/672384/ (DEAD LINK)
"The number of students visiting the community who participated also increased to 1,635, more than double from last year." A quote being made from a newsletter about the number of students attending Knight's place.
Is this a proper quote? Is the number more than can be handled properly by the existing water rights and amount permitted? The new survey should help find out.
how much water | 11.24.08 - 12:01 pm | #
Click here to report this comment to The Olympian.
Oh bullcrap. The supply of water is not the issue. Not really. There is a sub-development being built near JZ?s property and she doesn?t want the neighbors. She has numerous benefactors that allow her to keep the issue in court. She just keeps appealing until she finds a judge who will agree. So, due process and the amount of water are far less in question than JZ?s personal agenda. It seems to me that if JZ didn?t want neighbors, she would have bought the land herself long before it was developed. Failure to do so, she will simply run these legitimate businesses into the ground with legal appeal after appeal. JZ doesn?t care about the environment. She cares about her bank account. Don?t get on the bad guys? wagon just because they are using one of your causes to hurt innocent people. What?s her school called? Something about enlightenment? Yeah, I got enlightenment for you? She?s a sham but she?s got loads of money. Ask me how I know? A 40,000 year old warrior spirit (who kicked her warrior spirit?s butt) told me.
ShimmySham | 11.24.08 - 11:40 am | #
Click here to report this comment to The Olympian.
There is only so much water in Yelm and it has been drawing down in level for years. The next step is to get the State more actively involved and push the case up the court ranks The State of Washington said their School is not on their list of regionally accredited or WA State Licensed schools and post secondary educational institutions. Go talk to the government if you don't believe it.
Spiritual School events bring hundreds and have been recorded at thousands of people in its history. This count is by their public and published statements and photographs and by their students and witnesses. These groups show much larger water and waste use than may have been designed or permitted for that site. If you don't like that information then take it up with them.
New and additional water amount assessments will be made for the area which includes development sites and those concerned. If you don't like it then take it up with the courts.
If you don't agree with anything written here then disprove it.
yelm watchers | 11.24.08 - 11:33 am | #
Click here to report this comment to The Olympian.
Out in the Sticks ~
Watch out, she'll send the channeled spirits after you. Then she'll charge a few grand for her "services".
Thieves | 11.24.08 - 11:08 am | #
Click here to report this comment to The Olympian.
The only thing I hate more than Yelm City Hall, is Ramtha. She can take her lawsuit and all the freaks she has brought to Yelm, and shove it where the sun don't shine.
Out in the Sticks | 11.24.08 - 10:52 am | #
Click here to report this comment to The Olympian.
Greed, ignorance, and deals with the developers have caught up with Mayor Harding and Council. I'm glad every eye is on them, they all need to be tossed out, we need honest, intelligent, caring folks to take the lead as Mayor and council members, those who really care about the city, environment, water, and quality of life now and for the future generations of Yelm. Mayor Harding and the council have made a mockery of Yelm citizens and show total disregard for the citizens who voted them in! Good for Judge Wickham, its about time the law stepped in! They need to watch these so called leaders in Yelm very closely!
LD | 11.24.08 - 10:52 am | #
Click here to report this comment to The Olympian.
Why is Yelm attempting to approve more subdivisions when it can't supply water to subdivisions it has already approved? As for "water is precious", you sure can come up with a lot of accusations; why not try proving them?
Mweh | 11.24.08 - 10:38 am | #
Click here to report this comment to The Olympian.
There are concerns that thousands of Ramtha followers attending her non-regionally, non-state accredited school in Yelm, contrary to what was believed would happen, are using a tremendous amount of water and producing a tremendous amount of human waste never planned for or properly permitted.
Yelm area has a water shortage in that more water is being pumped than being refilled. It cannot support its current population, both properly recorded and due to the huge up swings in Ramtha followers when they attend events in Yelm.
A court ordered water survey and analysis will be done on the Platts in question as well as other areas including Knight-Ramtha's property! If you think that thousands of unplanned people attending and using water resources is going to be overlooked then you are mistaken.
The economy is failing and new developments may not be able to be funding. If a negative water assessment is made then developers and Knight will be forced to vastly reduce the number of water and waste users on their property. This could be the last straw for Knights School that forces them to move to another area with more water to do her events.
Water is precious | 11.24.08 - 8:04 am | #
Click here to report this comment to The Olympian.
Tumeater Res..
Well said...
LD | 11.24.08 - 6:03 am | #
Click here to report this comment to The Olympian.
As a former Yelm resident, I am very happy to see someone challenging the status quo at Yelm City Hall. The backdoor dealings with developers have gone on for some time it appears.
Yelm officials & Mayor Harding could not contain their greed and pro-development stance and ensure residents have enough water. Why not be more prudent in protecting groundwater for current and future residents? Yelm Officials: Wake up! This is a big deal and not something to put on the backburner.
They want growth, growth, and more growth, without any of those pesky regulations. It looks like Ecology has been asleep at the wheel since 2001 on this. I agree with the Judge's ruling. It is factual and sensible, which is exactly why clueless Yelm officials are upset.
Tumwater Res | 11.24.08 - 5:58 am | #
Click here to report this comment to The Olympian.
It's about time Yelm's decision-makers have been questioned. They have been getting away with this for a long time. The community has suffered due to the unrestained approvels by the greedy Yelm officials for a long time now. We are paying in the uncertainty of water, (will some of us need to dig digger wells on our own property again??) more congestion of roads, more homes and people than we can accomodate, and overcrowded schools due to Mayor Harding and City Council's overjeaslous and greedy aprovals. This needs to be kept in the news, folks in Yelm don't get information here in Yelm. If we write to the city officials, they don't get answered. The Niqually Valley Newsaper is the "official newspaper of city hall" in Yelm so we don't get much information there. This isn't an open and free government out here, its a dictorship! I don't belong to any organization, I'm a concerned citizen in the Yelm community and have seen this go from bad to worse.
LD | 11.24.08 - 4:37 am | #
Click here to report this comment to The Olympian.
Yelm is doing its best to become the ugly bastard child of Spanaway and Lacey, with a twist of Rainier WT hillbilly thrown in. Im glad someone put a damper on that Pupaeting Monster.
Anym. | 11.24.08 - 1:00 am | #
Click here to report this comment to The Olympian.
Knight needs the extra water to keep her "fountain of youth" in the big house running. The friend of the court is probably being taught the benefits of baka-maru and inner self exploration.
Say the trusted Yelm fathers, "Of course you realize this means...."
Homepage: http://www.myspace.com/iamnoone
IamNoOne | 11.24.08 - 12:17 am | #
Click here to report this comment to The Olympian.
one more...
"If you think that thousands of unplanned people attending and using water resources is going to be overlooked then you are mistaken."
Good. I hope they especially look at water usage during her "Blue College" events and Assay (summer) where, in the past, over 1800 people have turned up unannounced and used the facilities, including the forest and parking lots to dump their waste.
Some appropriate gov't function seriously needs to look at her events
and her past logs of porta potties in use.
And does she have adequate drainage from the barn, annex (horse training round building-now housing a bookstore) and the office staff on a daily basis?
And finally, how does she still qualify as farm status when she has less than the 7 horses required to qualify?
County tax payers want to know.
surprise | 11.24.08 - 6:28 pm | #
"If you think that thousands of unplanned people attending and using water resources is going to be overlooked then you are mistaken."
Good. I hope they especially look at water usage during her "Blue College" events and Assay (summer) where, in the past, over 1800 people have turned up unannounced and used the facilities, including the forest and parking lots to dump their waste.
Some appropriate gov't function seriously needs to look at her events
and her past logs of porta potties in use.
And does she have adequate drainage from the barn, annex (horse training round building-now housing a bookstore) and the office staff on a daily basis?
And finally, how does she still qualify as farm status when she has less than the 7 horses required to qualify?
County tax payers want to know.
surprise | 11.24.08 - 6:28 pm | #