reglab/housing_qa huggingface dataset:
WA Rev Code § 90.74.010 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.74 - Aquatic Resources Mitigation.|90.74.010 - Definitions.

RCW 90.74.010 Definitions.The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Compensatory mitigation" means the restoration, creation, enhancement, or preservation of uplands, wetlands, or other aquatic resources for the purposes of compensating for unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved. "Compensatory mitigation" includes mitigation that:(a) Occurs at the same time as, or in advance of, a project's planned environmental impacts;(b) Is located in a site either on, near, or distant from the project's impacts; and(c) Provides either the same or different biological functions and values as the functions and values impacted by the project.(2) "Family forest fish passage program" means the program administered by the recreation and conservation office created pursuant to RCW 76.09.410 that provides public cost assistance to small forestland owners associated with the road maintenance and abandonment processes.(3) "Forestry riparian easement program" means the program established in RCW 76.13.120.(4) "Infrastructure development" means an action that is critical for the maintenance or expansion of an existing infrastructure feature such as a highway, rail line, airport, marine terminal, utility corridor, harbor area, or hydroelectric facility and is consistent with an approved land use planning process. This planning process may include the growth management act, chapter 36.70A RCW, or the shoreline management act, chapter 90.58 RCW, in areas covered by those chapters.(5) "Mitigation" means sequentially avoiding impacts, minimizing impacts, or compensating for remaining unavoidable impacts.(6) "Mitigation plan" means a document or set of documents developed through joint discussions between a project proponent and environmental regulatory agencies that describe the unavoidable wetland or aquatic resource impacts of a proposed infrastructure development or noninfrastructure development and the proposed compensatory mitigation for those impacts.(7) "Noninfrastructure development" means a development project that requires the completion of compensatory mitigation that does not meet the definition of "infrastructure development" and is consistent with an approved land use planning process. This planning process may include the growth management act, chapter 36.70A RCW, or the shoreline management act, chapter 90.58 RCW, in areas covered by those chapters.(8) "Project proponent" means a public or private entity responsible for preparing a mitigation plan.(9) "Riparian open space program" means the program created pursuant to RCW 76.09.040.(10) "Watershed" means an area identified as a state of Washington water resource inventory area under WAC 173-500-040 as it exists on June 7, 2012.[ 2012 c 62 § 3; 1997 c 424 § 2.]NOTES:Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
WA Rev Code § 90.74.030 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.74 - Aquatic Resources Mitigation.|90.74.030 - Regulatory decisions, guidance—Multiple requests for review of mitigation plans.

RCW 90.74.030 Regulatory decisions, guidance—Multiple requests for review of mitigation plans.(1) In making regulatory decisions relating to wetland or aquatic resource mitigation, the departments of ecology and fish and wildlife shall, at the request of the project proponent, follow the guidance of this chapter.(2) If the department of ecology or the department of fish and wildlife receives multiple requests for review of mitigation plans, each department may schedule its review of these proposals to conform to available budgetary resources.[ 2012 c 62 § 7; 1997 c 424 § 4.]
WA Rev Code § 90.74.040 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.74 - Aquatic Resources Mitigation.|90.74.040 - Developing new programs/using existing programs to mitigate for environmental impacts—Departments authorized to seek funds.

RCW 90.74.040 Developing new programs/using existing programs to mitigate for environmental impacts—Departments authorized to seek funds.(1)(a) To the degree that resources are deemed available by the affected departments, the department of ecology and the department of fish and wildlife shall allow, when appropriate, programs that are related to environmental mitigation, or explore the potential of developing new programs, to utilize the forestry riparian easement program, the riparian open space program, or the family forest fish passage program to mitigate for environmental impacts from projects conducted in the state where compatible with existing regulations. The use of these programs may not be additive to existing compensatory mitigation requirements.(b) In implementing this subsection, the department of natural resources may be used as a resource, consistent with RCW 76.09.480, to assist in identifying potential projects that can be used for the mitigation of infrastructure and noninfrastructure development.(2) The department of ecology and the department of fish and wildlife are authorized to seek federal or private funds and in-kind contributions to implement this section. The scope of effort in implementing this section may be defined by the success of the department of ecology and the department of fish and wildlife in securing specific funding.[ 2012 c 62 § 5.]
WA Rev Code § 90.80.005 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.005 - Findings.

RCW 90.80.005 Findings.The legislature finds:(1) Voluntary water right transfers can reallocate water use in a manner that will result in more efficient use of water resources;(2) Voluntary water right transfers can help alleviate water shortages, save capital outlays, reduce development costs, and provide an incentive for investment in water conservation efforts by water right holders; and(3) The state should expedite the administrative process for water right transfers by authorizing the establishment of water conservancy boards.[ 2001 c 237 § 6; 1997 c 441 § 1.]NOTES:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.
WA Rev Code § 90.80.010 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.010 - Definitions.

RCW 90.80.010 Definitions.The following definitions apply throughout this chapter, unless the context clearly requires otherwise.(1) "Alternate" means an individual: (a) Who is appointed by the county legislative authority or authorities under RCW 90.80.050(3); (b) who is trained under the requirements of RCW 90.80.040; and (c) who, while serving as a replacement for an absent or recused commissioner: (i) May serve and vote as a commissioner; (ii) is subject to any requirement applicable to a commissioner; and (iii) counts toward a quorum.(2) "Board" means a water conservancy board created under this chapter.(3) "Commissioner" means an individual who is appointed by the county legislative authority or authorities as a member of a water conservancy board under RCW 90.80.050(1), or an alternate appointed under RCW 90.80.050(3) while serving as a replacement for an absent or recused commissioner.(4) "Department" means the department of ecology.(5) "Director" means the director of the department of ecology.(6) "Record of decision" means the conclusion reached by a water conservancy board regarding an application for a transfer filed with the board.(7) "Transfer" means a transfer, change, amendment, or other alteration of a part or all of a water right authorized under RCW 90.03.380, 90.03.390, or 90.44.100.[ 2004 c 10 § 1; 2001 c 237 § 7; 1997 c 441 § 2.]NOTES:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.
WA Rev Code § 90.80.020 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.020 - Water conservancy boards—Creation.

RCW 90.80.020 Water conservancy boards—Creation.(1) The county legislative authority of a county may create a water conservancy board, subject to approval by the director, for the purpose of expediting voluntary water transfers within the county.(2) A water conservancy board may be initiated by: (a) A resolution of the county legislative authority; (b) a resolution presented to the county legislative authority calling for the creation of a board by the legislative authority of an irrigation district, public utility district that operates a public water system, a reclamation district, a city operating a public water system, or a water-sewer district that operates a public water system; (c) a resolution by the governing body of a cooperative or mutual corporation that operates a public water system serving one hundred or more accounts; (d) a petition signed by five or more water rights holders, including their addresses, who divert water for use within the county; or (e) any combination of (a) through (d) of this subsection. The resolution or petition must state the need for the board, include proposed bylaws or rules and procedures that will govern the operation of the board, identify the geographic boundaries where there is an initial interest in transacting water sales or transfers, and describe the proposed method for funding the operation of the board.(3) After receiving a resolution or petition to create a board, a county legislative authority shall determine its sufficiency. If the county legislative authority finds that the resolution or petition is sufficient, or if the county is initiating the creation of a board upon its own motion, it shall hold at least one public hearing on the proposed creation of the board. Notice of the hearing shall be published at least once in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. The notice shall describe the time, date, place, and purpose of the hearing, as well as the purpose of the board. Following the hearing, the county legislative authority may adopt a resolution approving the creation of the board if it finds that the board's creation is in the public interest.[ 1997 c 441 § 3.]
WA Rev Code § 90.80.030 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.030 - Petition for board creation—Required information—Approval or denial—Description of training requirements.

RCW 90.80.030 Petition for board creation—Required information—Approval or denial—Description of training requirements.(1) The county legislative authority shall forward a copy of the resolution or petition calling for the creation of the board, a copy of the resolution approving the creation of the board, and a summary of the public testimony presented at the public hearing to the director following the adoption of the resolution calling for the board's creation.(2) The director shall approve or deny the creation of a board within forty-five days after the county legislative authority has submitted all information required under subsection (1) of this section. The director must determine whether the creation of the board would further the purposes of this chapter and is in the public interest. The director shall include a description of the necessary training requirements for commissioners in the notice of approval sent to the county legislative authority.[ 1997 c 441 § 4.]
WA Rev Code § 90.80.035 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.035 - Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation.

RCW 90.80.035 Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation.(1) If a county is the only county having lands comprising a water resource inventory area as defined in chapter 173-500 WAC, the county may elect to establish a water conservancy board for the water resource inventory area, rather than for the entire county.(2) Counties having lands within a water resource inventory area may jointly petition the department for establishment of a water conservancy board for the water resource inventory area. Counties may jointly petition the department to establish boards serving multiple counties or one or more water resource inventory areas. For any of these multicounty options, the counties must reach their joint determination on the decision to file the petition, on the proposed bylaws, and on other matters relating to the establishment and operation of the board in accordance with the provisions of this chapter and chapter 39.34 RCW, the interlocal cooperation act. Each county must meet the requirements of RCW 90.80.020(2). The counties must jointly determine the sufficiency of a petition under RCW 90.80.020(3) and each county legislative authority must hold a hearing in its county.(3) If establishment of a multicounty water conservancy board under any of the options provided in subsection (2) of this section is approved by the department, the counties must jointly appoint the board commissioners and jointly appoint members to fill vacancies as they occur, and may jointly appoint alternates in accordance with the provisions of this chapter and chapter 39.34 RCW.(4) A board established for more than one county or for one or more water resource inventory areas has the same powers as other boards established under this chapter. The board has no jurisdiction outside the boundaries of the water resource inventory area or areas or the county or counties, as applicable, for which it has been established, except as provided in this chapter.(5) The counties establishing a board for a multiple county area must designate a lead county for purposes of providing a single point of contact for communications with the department. The lead county shall forward the information required in RCW 90.80.030(1) for each county.[ 2004 c 10 § 2; 2001 c 237 § 8.]NOTES:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.
WA Rev Code § 90.80.040 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.040 - Rules—Minimum training requirements and continuing education.

RCW 90.80.040 Rules—Minimum training requirements and continuing education.The director of the department may, as deemed necessary by the director, adopt rules in accordance with chapter 34.05 RCW necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners. Training courses for commissioners shall include an overview of state water law and hydrology. Prior to commissioners taking action on proposed water right transfers, the commissioners shall comply with training requirements that include state water law and hydrology.[ 1997 c 441 § 5.]
WA Rev Code § 90.80.055 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.055 - Additional board powers.

RCW 90.80.055 Additional board powers.(1) Except as provided in subsection (2) of this section, a board shall operate on a countywide basis or on an area-wide basis in the case of a board with jurisdiction in more than one county or water resource inventory area, and have the following powers, in addition to any other powers granted in this chapter:(a) Except as provided in subsection (2) of this section, a board may act upon applications for the same kinds of transfers that the department itself is authorized to act upon, including an application to establish a trust water right under chapter 90.38 or 90.42 RCW. A board may not act upon an application for the type of transfer within an irrigation district as described in RCW 90.03.380(3). If a board receives an application for a transfer between two irrigation districts as described in RCW 90.03.380(2), the board must, before publication of notice of the application, receive the concurrence specified in that section.(b) A board may act upon an application to transfer a water right claim filed under chapter 90.14 RCW. In acting upon such an application, the board must make a tentative determination as to the validity and extent of the right, if any, embodied in the claim and may only issue a record of decision regarding a transfer of such a claim to the extent it is tentatively determined to be valid. Neither the board's tentative determination, nor the director's acceptance of such a tentative determination, constitutes an adjudication of the right under RCW 90.03.110 through 90.03.240 or 90.44.220, and such a determination does not preclude or prejudice a subsequent challenge to the validity, priority, or quantity of the right in a general adjudication under those sections.(c) A board may establish a water right transfer information exchange through which all or part of a water right may be listed for sale or lease. The board may also accept and post notices in the exchange from persons interested in acquiring or leasing water rights from willing sellers.(d) The director shall assign a representative of the department to provide technical assistance to each board. If requested by the board, the representative shall work with the board as it reviews applications for formal acceptance, prepares draft records of decision, and considers other technical or legal factors affecting the board's development of a final record of decision. A board may request and accept additional technical assistance from the department. A board may also request and accept assistance and support from the county government or governments of the county or counties in which it operates.(2) The jurisdiction of a board shall not apply within the boundaries of a federal Indian reservation or to lands held in trust for an Indian band, tribe, or nation by the federal government.[ 2001 c 237 § 9.]NOTES:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.
WA Rev Code § 90.80.057 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.057 - Quorum.

RCW 90.80.057 Quorum.For purposes of carrying out the official business of a board, a quorum consists of the physical presence of two of the three members of a three-member board or three of the five members of a five-member board. A board may operate with one or two vacant positions as long as it meets the quorum requirement.[ 2001 c 237 § 19.]NOTES:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.
WA Rev Code § 90.80.060 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.060 - Board powers—Funding.

RCW 90.80.060 Board powers—Funding.(1) A water conservancy board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees and fix their compensation, employ contractors including contracts for professional services, sue and be sued, and do any and all lawful acts required and expedient to carry out the purposes of this chapter.(2) A board constitutes an independently funded entity, and may provide for its own funding as determined by the commissioners. The board may accept grants and may adopt fees for processing applications for transfers of water rights to fund the activities of the board. A board may not impose taxes or acquire property by the exercise of eminent domain.[ 1997 c 441 § 7.]
WA Rev Code § 90.80.065 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.065 - Dissolution of board.

RCW 90.80.065 Dissolution of board.A water conservancy board may be formally dissolved by the county or jointly by the counties as applicable in which it operates by adoption of a resolution of the county legislative authority or authorities. Notice of the dissolution must be provided to the director. The department may petition the county legislative authority of the county or the lead county for a board to request that the board be dissolved for repeated statutory violations or demonstrated inability to perform the functions for which the board was created.[ 2001 c 237 § 16.]NOTES:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.
WA Rev Code § 90.80.080 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.80 - Water Conservancy Boards.|90.80.080 - Records of decision—Transmittal to department and others—Internet posting—Review.

RCW 90.80.080 Records of decision—Transmittal to department and others—Internet posting—Review.(1) The board must provide a copy of its record of decision to the applicant. The board shall submit its record of decision on the transfer application to the department for review. The board shall also submit its report of examination to the department summarizing factual findings on which the board relied in reaching its record of decision and a copy of the files and records upon which the board's record of decision is based. The board shall also promptly transmit notice by mail to any person who objected to the transfer or who requested notice of the board's record of decision.(2) Upon receipt of a board's record of decision, the department shall promptly post the text of the record of decision transmittal form on the department's internet site. The director shall review each record of decision made by a board for compliance with applicable state water law.(3) Any party to a transfer, third party who alleges his or her water right will be impaired by the proposed transfer, or other person may file a letter of concern or support with the department and the department may consider the concern or support expressed in the letter. Such letters must be received by the department within thirty days of the department's receipt of the board's record of decision.(4) The director shall review the record of decision of the board and shall affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director or at the request of the board or applicant. If the director fails to act within the prescribed time period, the board's record of decision becomes the decision of the department and is appealable as provided by RCW 90.80.090. If the director acts within the prescribed time period, the director's decision to affirm, modify, or reverse is appealable as provided by RCW 90.80.090, and the director's decision to remand is appealable as provided by *RCW 90.80.120(2)(b).[ 2001 c 237 § 12; 1997 c 441 § 11.]NOTES:*Reviser's note: RCW 90.80.120 was amended by 2004 c 10 § 5, changing subsection (2)(b) to subsection (3)(b).Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 90.66.065.