Richard A. Fox And Marnie B. Fox, Apps. v. Skagit County, Res.

¶1 Richard and Marnie Fox appeal the trial court’s order denying their motion for a writ of mandamus seeking to compel Skagit County to issue a building permit. The Foxes argue the trial court erred when it ruled that the well on their property, despite being exempt from the water permit requirement, is not an adequate water supply for purposes of the building permit statute because the well is subject to senior water rights—namely, the 2001 instream flow rule for the Skagit River. We conclude that a permit-exempt well under RCW 90.44.050 is subject to the prior appropriation doctrine and…