Read Get the Facts including the Legal Hotline Q & A
Get the Facts is a Membership update sent to Washington REALTOR® members and contacts each Tuesday.  
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Weekly Membership Newsletter
January 30, 2018 • Stay Connected!
         

QUESTION:  Where can I find out more information about the recent Hirst legislation on water supply from wells and how will it affect my clients?



ANSWER:  As you may have heard, on January 19, 2018, the Legislature passed SB 6091, which was immediately signed into law by Governor Inslee. This legislation reversed the State Supreme Court’s October 2016 Hirst & Futurewise v. Whatcom County water rights/Growth Management Act decision. Washington REALTORS® Public Policy Director Bill Clarke provided the following information to help us understand the new law:
 
Under SB 6091, local governments are no longer required to review new private wells for “impairment” of other water rights or state instream flows. In addition, the new law clarifies that local governments may rely on or refer to Department of Ecology’s water resource regulations in order to comply with the Growth Management Act.
 
The Hirst legislation continues the trend that water supply requirements for building permits and subdivisions will vary by county and watershed. Under SB 6091, rules adopted by Ecology in certain basins will continue to govern water availability, while in other basins, water availability will be based on the statutory provisions of SB 6091.
 
The new law included an emergency clause, and so took effect immediately. Counties and cities are now in the process of implementing the new law, so brokers should get specific information from local governments. REALTORS® should also be aware that whether water supply is available for a building permit or subdivision is a legal determination. Under the Real Estate Agency Law, RCW Chapter 18.86, brokers should advise their clients who need assistance to seek legal counsel or review by a qualified consultant.
 
Ecology recently issued a statewide summary of water availability requirements after the passage of SB 6091. Please see the summary and map for further information on water availability provisions by watershed in Washington State.

Washington REALTORS® will be hosting a 1-hour conference call on February 16th to update brokers on Hirst and answer questions. See below for more information.   

 

The Legal Hotline Lawyer does not represent Washington REALTORS or its members. To browse through our database of past Q & A's, visit www.warealtor.org. Attorney Annie Fitzsimmons writes the Legal Hotline Question and Answer of the Week. Please submit questions to legalhotline@warealtor.org . Please tell us your NRDS number when you e-mail the Hotline with your question.


 

Thank you, Corporate Sponsors!

  


  

Hirst Call on February 16th
Please join us for a 1-hour informational conference call on Friday, February 16th at 1:30 pm with Bill Clarke, Washington REALTORS® Director of Public Policy, who will provide an update on Hirst and answer questions live submitted via our text service. This session will last approximately an hour. If you cannot make the call we will post an audio file for you to access at www.warealtor.org.  HOW TO JOIN THE CALL.
 
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Primary Mortgage Rates Survey
(updated every Thursday)  Source:  Freddie Mac
 
 January 25, 2018  30-yr FRM  15-Yr FRM  5/1-Yr ARM
 Average Rates  4.15%  3.62%  3.52%
 Fees & Points  0.5
 0.5
 0.4
 Margin  N/A  N/A  2.75



 January 18, 2018  30-yr FRM  15-Yr FRM  5/1-Yr ARM
 Average Rates  4.04%  3.49%  3.46%
 Fees & Points  0.6
 0.5
 0.3
 Margin  N/A  N/A  2.74



 January 11, 2018  30-yr FRM  15-Yr FRM  5/1-Yr ARM
 Average Rates  3.99%  3.44%  3.46%
 Fees & Points  0.5
 0.5
 0.4
 Margin  N/A  N/A  2.75



 January 04, 2018      30-yr FRM  15-Yr FRM  5/1-Yr ARM
 Average Rates  3.95%  3.38%  3.45%
 Fees & Points  0.5
 0.5
 0.4
 Margin  N/A  N/A  2.75





 
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