Conjunctive management of stream-aquifer water rights;: The Hubbard decision

A Department of Ecology regulation in the prior appropriation state of Washington conditions groundwater permits on the maintenance of minimum instream flows if there is "significant hydraulic continuity" between the surface water and the proposed source of ground water. The Department of Ecology promulgated the regulation pursuant to the Washington Water Resources Act of 1971 but did not define the term "significant." The legislative purpose behind the Act and Washington's rules of construction suggest that statutory interpretation of the groundwater provision requires balancing environmental protection with maximum economic utilization. However the Hubbard court did not meaningfully interpret the provision but, rather essentially found that any hydraulic connection is significant regardless of the magnitude of the effect of groundwater withdrawal on the stream.