Seattle Journal of Technology, Environmental & Innovation Law Volume 10 Issue 1 Article 7 5-6-2020 When Water Isn't Wet: The Evolution of Water Right Mitigation in Washington State Rachael Osborn
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[email protected] Follow this and additional works at: https://digitalcommons.law.seattleu.edu/sjteil Part of the Administrative Law Commons, Biodiversity Commons, Energy and Utilities Law Commons, Environmental Law Commons, Land Use Law Commons, Natural Resources Law Commons, Other Life Sciences Commons, and the Water Law Commons Recommended Citation Osborn, Rachael and Mayer, Michael (2020) "When Water Isn't Wet: The Evolution of Water Right Mitigation in Washington State," Seattle Journal of Technology, Environmental & Innovation Law: Vol. 10 : Iss. 1 , Article 7. Available at: https://digitalcommons.law.seattleu.edu/sjteil/vol10/iss1/7 This Article is brought to you for free and open access by Seattle University School of Law Digital Commons. It has been accepted for inclusion in Seattle Journal of Technology, Environmental & Innovation Law by an authorized editor of Seattle University School of Law Digital Commons. When Water Isn’t Wet: The Evolution of Water Right Mitigation in Washington State Rachael Paschal Osborn & Michael Mayer* PART 1: INTRODUCTION What is water right mitigation? The allocation of surface and ground water resources for out of stream uses via the western water rights doctrine of prior appropriation comes with serious environmental consequences – depletion of streamflow and aquifers. Over-appropriation by water rights has led to deleterious impacts on natural resources, including salmon survival, water quality, and public uses of state waterways. Because of the over-appropriated condition of Washington’s rivers and aquifers, the issuance of new water rights has until recently required water-for-water or in-kind mitigation, with the goal to directly compensate for deleterious impacts.