reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-060 - Establishment of conservation and efficiency fundamentals

Current through Register Vol. 24-14, July 15, 2024
(1) The department, having determined that
			 public water is available from the main stem of the Columbia River in
			 Washington and that continued issuance of water right permits and certificates
			 therefrom is in the public interest, does acknowledge and is concerned that,
			 cumulatively, the projected future diversions from the main stem Columbia River
			 in Washington state may, under certain flow conditions, have a detrimental
			 effect on instream values.
(2)
			 Also, it is in the public interest that the state's water resources be
			 conserved and that the burden of water shortages in low water years should be
			 shared by the various users to the greatest extent practicable.
(3) Notwithstanding the constraints on pro
			 rata water-sharing under existing state water laws, the department shall, in
			 projected low water years, utilize all reasonable measures of influence to
			 achieve the goal of this section.
(4) During proof of appropriation of water
			 under RCW
			    90.03.330 and before issuing a certificate of
			 water right, the department shall assure that the quantities of water shown on
			 the certificate accurately reflect the perfected usage consistent with
			 up-to-date water conservation practices and water delivery system
			 efficiencies.
(5) The department
			 shall continue to seek effective methods to better achieve the goal of this
			 section.
Statutory Authority:
				  RCW
				  90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  82-21-001 and 82-21-007 (Orders DE 82-35 and DE 82-35A), § 173-563-060,
				  filed 10/7/82 and 10/8/82; 80-08-021 (Order DE 80-2), § 173-563-060, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-070 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as appropriate under the authorities vested in it,
				including but not limited to the issuance of regulatory orders under
				RCW
				   43.27A.190 and civil penalties under
				RCW
				   90.03.600.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-563-070, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  80-08-021 (Order DE 80-2), § 173-563-070, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-075 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-563-075, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-080 - Overriding considerations

Current through Register Vol. 24-14, July 15, 2024
Future authorizations for the use of water which would conflict
				with the provisions of this chapter shall be authorized by the director only in
				those situations when it is clear that overriding considerations of the public
				interest will be served. Such decisions shall be made in consultation with the
				directors of the Washington state department of fisheries, the Washington state
				department of wildlife, the Washington state department of agriculture, and the
				Washington state commissioner of public lands.
Consideration of the public interest by the director of the
				department of ecology shall include an evaluation of all uses of the river and
				its impact on the state of Washington. The uses to be considered include, but
				are not limited to, uses of water for domestic, stockwatering, industrial,
				commercial, agricultural, irrigation, hydroelectric power production, mining,
				fish and wildlife maintenance and enhancement, recreational, thermal power
				production, and preservation of environmental and aesthetic values and all
				other uses compatible with the enjoyment of the public waters of the
				state.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-563-080, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  82-21-001 and 82-21-007 (Orders DE 82-35 and DE 82-35A), § 173-563-080,
				  filed 10/7/82 and 10/8/82; 80-08-021 (Order DE 80-2), § 173-563-080, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-090 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-563-090, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  80-08-021 (Order DE 80-2), § 173-563-090, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-100 - Implementation

Current through Register Vol. 24-14, July 15, 2024
(1) All water right
			 permits and certificates subject to this chapter or issued subject to chapter
			 173-531A WAC shall be issued subject to the department's minimum flow
			 requirements. (The minimum average weekly flows established in WAC
			 173-563-040 and
			 173-563-052 are equivalent to a
			 flow of 52.5 MAF at The Dalles for the April through September
			 period.)
(2) All water rights for
			 instream uses subject to the minimum flows established in this chapter shall
			 contain the following provision:
This permit/certificate is subject to the minimum flow
				provisions contained in chapter 173-563 WAC and is subject to regulation by the
				department of ecology to insure protection of instream resources.
(3) All water rights for
			 out-of-stream uses subject to the flows established in this chapter shall
			 contain the following provisions:
(a) This
			 permit/certificate is subject to the minimum flow provisions contained in
			 chapter 173-563 WAC and is subject to regulation by the department of ecology
			 to insure protection of instream resources.
(b) Use of water under this authorization
			 shall be contingent upon the water right holder's utilization of up to date
			 water conservation practices and maintenance of efficient water delivery
			 systems consistent with established regulation requirements and facility
			 capabilities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-900 - Critical flow adjustment - Minimum instantaneous and weekly average flows - Columbia River

Current through Register Vol. 24-14, July 15, 2024
FIGURE 1
CRITICAL FLOW ADJUSTMENT MINIMUM INSTANTANEOUS
AND WEEKLY AVERAGE FLOWS COLUMBIA RIVER
Click to view
							 image
Statutory Authority:
				  RCW
				  90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  82-21-001 and 82-21-007 (Orders DE 82-35 and DE 82-35A), § 173-563-900,
				  filed 10/7/82 and 10/8/82; 80-08-021 (Order DE 80-2), § 173-563-900, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-564 - Water resources management program for the main stem of the Snake River in Washington state › Section 173-564-010 - Background and purpose

Current through Register Vol. 24-14, July 15, 2024
The Snake River is an interstate river with waters subject to
				laws of five states and the federal government. The flows and levels of the
				river in Washington state are heavily influenced by the operation of federally
				owned and federally licensed dams located upstream from Washington and within
				Washington, as well as by water diversions in the various states. The waters of
				the river support extensive irrigation, navigation, municipal, industrial, and
				power generation uses as well as nationally significant anadromous fish runs.
				These fish runs require for their survival clean, flowing water assured by
				minimum flows and special actions by all agencies sharing in the management of
				the river.
The department of ecology of the state of Washington recognizes
				that, under our federal constitutional system, regulatory power over the Snake
				River is shared between the United States and the states and that by various
				federal actions the state's powers may in some cases be superseded through the
				mandates of the Supremacy Clause of the United States Constitution.
This chapter is adopted to promote the proper utilization of
				the water resources of the Snake River and to protect and insure the viability
				of the instream resource values associated with the main stem of the river in
				the future.
Statutory Authority:
				  Chapters
				  34.05,
				  43.21A, 43.27A,
				  90.03,
				  90.44 and
				  90.54 RCW and Chapter 173-500 WAC.
				  93-01-010 (Order 92-21), § 173-564-010, filed 12/3/92, effective
				  1/3/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-564 - Water resources management program for the main stem of the Snake River in Washington state › Section 173-564-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted under the authority of
				chapters
				34.05,
				43.21A, 43.27A,
				90.03,
				90.44, and
				90.54 RCW, and in relation to
				chapter 173-500 WAC.
Statutory Authority:
				  Chapters
				  34.05,
				  43.21A, 43.27A,
				  90.03,
				  90.44 and
				  90.54 RCW and Chapter 173-500 WAC.
				  93-01-010 (Order 92-21), § 173-564-020, filed 12/3/92, effective
				  1/3/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-564 - Water resources management program for the main stem of the Snake River in Washington state › Section 173-564-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to public surface waters of the main stem of the Snake River in
			 Washington and to any groundwater where the groundwater is determined by the
			 department of ecology to be part of or tributary to the surface waters of the
			 main stem of the Snake River. For purposes of this chapter, the main stem of
			 the Snake River extends from the Idaho, Oregon and Washington border, in the
			 extreme southeastern corner of the state of Washington, at river mile 175, to
			 the confluence with the Columbia River near Pasco, Washington at river mile
			 0.
(2) Nothing in this chapter
			 shall affect existing water rights, riparian, appropriative, or otherwise,
			 existing on the effective date of this chapter, including existing water right
			 permits and certificates.
Statutory Authority:
				  Chapters
				  34.05,
				  43.21A, 43.27A,
				  90.03,
				  90.44 and
				  90.54 RCW and Chapter 173-500 WAC.
				  93-01-010 (Order 92-21), § 173-564-030, filed 12/3/92, effective
				  1/3/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-564 - Water resources management program for the main stem of the Snake River in Washington state › Section 173-564-040 - Withdrawal of unappropriated waters

Current through Register Vol. 24-14, July 15, 2024
(1) The National Marine Fisheries Service
			 (NMFS) listed Snake River sockeye salmon as endangered under the federal
			 Endangered Species Act on December 20, 1991. NMFS listed Snake River
			 spring/summer and fall chinook salmon as threatened under the act on May 17,
			 1992. Since then, new information and changing conditions continue to place
			 into question whether sufficient information and data is available for making
			 sound decisions on water availability and the public interest for additional
			 appropriations from the main stem of the Snake River. In response to the
			 petitions for listing, the Northwest governors directed the regional Northwest
			 Power Planning Council to develop a plan for the recovery of the petitioned
			 species and other weak fish stocks in the Columbia Basin, including the Snake
			 River. In late 1992 the council finalized its strategy for salmon, which
			 cautioned the states against continuing to allow new appropriations at the same
			 time that there is a regional effort to acquire additional flows for imperiled
			 fish stocks. This regional effort has greatly intensified as a result of
			 additional petitions for Endangered Species Act listings in the basin,
			 consecutive dry years and a 1994 federal court decision that the hydroelectric
			 system operations plan approved by NMFS and the federal operating agencies was
			 not adequate.
(2) Pursuant to
			 subsection (1) of this section, the waters of the main stem of the Snake River
			 that are unappropriated by water rights for which applications were accepted
			 for filing by the department prior to December 20, 1991, are withdrawn from
			 further appropriation, except that the department may issue a permit to
			 withdraw water for:
(a) Nonrecurring temporary
			 projects for up to six months duration, with a possible extension of no more
			 than six additional months (applications for extensions must include adequate
			 justification for the extension and must demonstrate that reasonable efforts
			 are being made to use the water for the project as efficiently as
			 possible);
(b) Nonconsumptive uses
			 which, for the purposes of this section, are defined as uses where:
(i) There is no diversion from the water
			 source; or
(ii) The water is
			 diverted and returned immediately to the source at the point of diversion
			 following its use, in the same quantity as diverted and with no degradation in
			 water quality;
(c) Uses
			 which are necessary for emergency public health and safety needs, when all
			 other reasonable methods of obtaining water (e.g., conservation, efficiencies,
			 etc.) have been exhausted; and
(d)
			 Uses which are specifically intended to benefit weak fish stocks.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) In the adoption
			 of the Streamflow Restoration Act, the legislature stated the intent to
			 appropriate three hundred million dollars for projects to achieve the goals of
			 the act until June 30, 2033. They further directed ecology to implement a
			 program to restore and enhance streamflows by fulfilling obligations under the
			 act to develop and implement plans to restore streamflows to levels necessary
			 to support robust, healthy, and sustainable salmon populations.
(2) This chapter contains general rules for
			 project grant eligibility, selection, issuance, and performance, and applies to
			 projects statewide pursuant to and consistent with chapter 90.94 RCW to:
(a) Protect and enhance
			 streamflows.
(b) Improve watershed
			 functions that benefit instream fish and wildlife resources.
(c) Offset the consumptive use impacts from
			 new domestic permit-exempt wells.
(d) Implement other projects identified in an
			 RCW
			    90.94.020 watershed plan update, an
			 RCW
			    90.94.030 watershed restoration and
			 enhancement plan, or through a rule-making process to meet the requirements of
			 RCW
			    90.94.020 or
			 90.94.030.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-020 - Relation to other laws and rules

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter only applies to grants
			 issued by ecology that are funded under chapter 90.94 RCW, Streamflow
			 restoration.
(2) All grants shall
			 be subject to existing accounting and auditing requirements of state laws and
			 regulations applicable to the issuance of grants.
(3)
State Environmental Policy
			 Act.
State Environmental Policy Act (SEPA) review must be completed
			 before ecology may sign a funding agreement for construction projects or before
			 construction begins for combined design/construction projects.
(4)
Cultural resource review.
(a) Any federal or state cultural resources
			 requirements must be completed prior to the start of any work on a project
			 site.
(b) Grant recipients must
			 take reasonable action to avoid, minimize, or mitigate adverse effects to
			 archaeological and historic resources.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-100 - Grant award process

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
			 develop guidance to assist in implementing this chapter.
(2) Project solicitation. Ecology will
			 provide notice of a new funding cycle, pursuant to WAC 173-566-110 at least
			 once per biennium.
(3) Application.
			 Grant applications must contain sufficient information to make the
			 determinations in subsection (4) of this section.
(4) Project evaluation and ranking. Ecology
			 will review projects and applications for completeness and to determine:
(a) Project eligibility under WAC
			 173-566-310;
(b) Project quality
			 under WAC 173-566-140; and
(c)
			 Funding priority under WAC 173-566-150.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-110 - Grant announcements

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ecology will announce the availability of funding opportunities for competitive
			 grants. The announcement will include, at a minimum, a description of:
(a) Purpose of the grants.
(b) Funding cycle for the grants.
(c) Amount of funding available or
			 anticipated amount of funding available, if known.
(d) Eligibility criteria for the grant
			 solicitation.
(e) Information about
			 how to apply.
(f) Application
			 deadlines.
(g) Ecology contact
			 information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-120 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) All applicants
			 must use the electronic system identified by ecology to apply for grants.
			 Applicants without access to the electronic system must use a process approved
			 by ecology.
(2) The applicant must
			 complete the application process and provide all required information,
			 including:
(a) Applicant
			 information.
(b) Project location
			 and description.
(c) Requested
			 funding amount and budget for the project.
(d) Description of project benefit(s),
			 including:
(i) Problem(s) or need(s) the
			 project would address.
(ii) Timing,
			 location, and extent that the project is expected to address the identified
			 needs.
(iii) Estimates of the rate
			 and volume of conserved water.
(iv)
			 Method(s) used to determine project benefits.
(v) How any monitoring, operations,
			 maintenance, or other measures will be addressed to ensure benefits persist
			 over time.
(vi) Metrics for project
			 success, including quantitative metrics if available.
(e) Scope of work and tasks for the
			 project.
(f) Source of project
			 water, if applicable, and how water will be managed to ensure there will be no
			 impairment to senior water rights.
(g) Permits that have been obtained, applied
			 for, or otherwise identified as necessary to execute the project.
(h) How aquatic species and water quality
			 will be protected.
(i) Any other
			 information required by ecology to evaluate the project.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-130 - Phasing

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants may
			 choose to divide projects into phases, particularly when each phase can be
			 shown to benefit streamflow or instream resources.
(2) Ecology reserves the right to divide a
			 project into phases and fund initial project phase(s) due to funding
			 availability and priorities, or other considerations.
(3) Funding for one or more phases of a
			 project does not guarantee funding for subsequent phases.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-140 - Evaluation process

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
			 evaluate all complete applications submitted by the announced
			 deadline.
(2) Ecology will review
			 applications to determine eligibility of the applicant under WAC 173-566-030,
			 and whether the project meets the eligibility criteria.
(3) For those grant applications determined
			 eligible, ecology will then evaluate for project quality. To complete this
			 evaluation, ecology will consider:
(a)
			 Benefits to streamflow and instream resources.
(b) Whether the application demonstrates all
			 of the following:
(i) Appropriateness of the
			 project to address the stated needs.
(ii) Feasibility of the project, including
			 the likelihood of success and long-term sustainability.
(iii) Whether the project is an effective use
			 of available funds, considering need, as well as costs and benefits.
(iv) Readiness to proceed.
(c) Information gathered from
			 field visits that may be part of the evaluation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-150 - Funding priorities

Current through Register Vol. 24-14, July 15, 2024
In addition to the evaluation of project quality described in
				WAC 173-566-140, ecology will give added priority to projects under each of the
				following three independent criteria:
(1) Geographic location. Projects located in:
(a) A planning WRIA identified in
			 RCW
			    90.94.020 or
			 90.94.030;
			 or
(b) A metering pilot project
			 area as designated in
			 RCW
			    90.94.040.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-200 - Water right acquisitions

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 purchase of all or a portion of a water right is eligible for funding if the
			 following project elements are included:
(a)
			 Changing the water right purpose of use to instream flow under
			 RCW
			    90.03.380.
(b) Permanent conveyance of the water right
			 to ecology to be held in the trust water rights program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-210 - Water storage

Current through Register Vol. 24-14, July 15, 2024
Water storage projects eligible for funding include above
				ground storage and below ground storage, and can be within natural formations,
				or man-made. Examples include off-channel surface water storage, managed
				aquifer recharge, infiltration galleries or ponds, and
				cisterns.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-220 - Altered water management or infrastructure

Current through Register Vol. 24-14, July 15, 2024
(1) Water management and infrastructure
			 improvement projects eligible for funding involve changes in how and when water
			 is diverted, withdrawn, conveyed, or used to benefit streamflows and instream
			 resources to implement chapter 90.94 RCW. Examples include conservation and
			 efficiency projects such as diversion modifications, lining and piping,
			 sprinkler conversion, and other irrigation efficiencies, as well as source
			 switches, and streamflow retiming projects. Innovative methods will be
			 considered.
(2) Projects must
			 include sufficient provisions and protections so that completed projects will
			 provide either or both:
(a) Permanent
			 streamflow improvement.
(b) Access
			 to new water supplies when identified in a watershed plan adopted under
			 RCW
			    90.94.020 or
			 90.94.030.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-230 - Watershed function, riparian and fish habitat improvements

Current through Register Vol. 24-14, July 15, 2024
Projects that might not directly increase streamflow, but do
				benefit instream resources, may be funded through this chapter. Examples
				include, but are not limited to, in-channel habitat improvements, riparian
				restoration, strategic land acquisitions, levee modifications, flood-plain
				modifications, fish passage, and beaver introduction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-240 - Environmental monitoring

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Environmental monitoring equipment is eligible for funding, including equipment
			 for stream gauging and groundwater monitoring directly related to restoring,
			 maintaining, or enhancing streamflows or instream resources and
			 values.
(2) Effectiveness
			 monitoring for projects funded under this chapter is eligible for
			 funding.
(3) Recipients must follow
			 all grant requirements for submittal of environmental monitoring data, and
			 standards when geographic information system (GIS) data are collected,
			 processed, and submitted to ecology.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-300 - Fiscal controls

Current through Register Vol. 24-14, July 15, 2024
Determining allocation of funding.
(1) For each funding cycle, ecology may
			 allocate a percent of available funding to certain project types, which will be
			 identified in the grant guidance. Funding allocation may be based on
			 demonstrated need, previous funding awarded, or other criteria.
(2) Ecology may set aside a percentage of
			 available funding each funding cycle for projects in each ecology region or
			 other geographical areas. Ecology will update the funding guidance with set
			 aside amounts prior to the beginning of the funding cycle.
(3) Ecology may set a ceiling amount to limit
			 the amount of grant funding available to any one applicant per funding cycle.
			 The ceiling amount will be included in the funding guidance.
Grant decisions.
(4) When awarding grants, ecology decisions
			 will be:
(a) Consistent with all state laws
			 and rules authorizing the funding and any specific direction by the
			 legislature.
(b) Subject to
			 available funds.
(c) Based on
			 evaluations of grant applications submitted and other relevant information
			 available.
Funding discretion.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-310 - Ineligible projects and costs

Current through Register Vol. 24-14, July 15, 2024
Costs that are ineligible to receive grant funding under this
				chapter include, but are not limited to:
(1) Project elements previously funded by
			 ecology.
(2) Projects that are
			 otherwise required under statute, rule, ordinance, or court order, except
			 pursuant to this chapter and chapter 90.94 RCW.
(3) Costs to meet an individual or general
			 National Pollutant Discharge Elimination System (NPDES) permit.
(4) Staff time not directly related to the
			 project.
(5) Major and capital
			 equipment purchases without pre-approval from ecology.
(6) Contaminated soils removal or
			 remediation.
(7) Projects that
			 conflict with other ecology rules, projects, or guidance.
(8) Aquatic plant control for aesthetic
			 purposes, navigational improvements, or any other reason that does not provide
			 increased streamflow, nor benefit ecological functions or critical stream
			 habitat.
(9) Bond costs for debt
			 issuance.
(10) Operation and
			 maintenance costs.
(11) Bonus or
			 acceleration payments to contractors to meet contractual completion dates for
			 construction.
(12) Compensation or
			 damages for any claim or injury of any kind arising out of the project,
			 including any personal injury, damage to any kind of real or personal property,
			 or any kind of contractual damages, whether direct, indirect, or
			 consequential.
(13) Dispute
			 resolution under the grant agreement.
(14) Office furniture not included in the
			 recipient's indirect rate.
(15)
			 Operating expenses of local government, such as the salaries and expenses of a
			 mayor, city councilmember, and city attorney.
(16) Overtime differential paid to employees
			 of a public body to complete administrative or force account work.
(17) Permit fees not directly required for
			 the completion of the project.
(18)
			 Professional dues.
(19) Property
			 purchases without prior approval from ecology.
(20) Refinance of existing debt.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-320 - Grant agreement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ecology will work with the recipient to prepare the grant agreement.
(2) A grant agreement issued and managed in
			 ecology's electronic system must include, at a minimum:
(a) Project description.
(b) Expected outcomes.
(c) Project budget and funding
			 distribution.
(d) Agreement
			 effective date and expiration date.
(e) Description of tasks and
			 deliverables.
(f) Contact
			 information for ecology and the recipient.
(g) Signatures of authorized
			 signatories.
(h) General terms and
			 conditions that specify requirements related, but not limited to:
(i) Amendments and modifications.
(ii) Assignment limits on transfer of rights
			 or claims.
(iii) Inadvertent
			 discovery plan for human remains and/or cultural resources.
(iv) Compliance with all laws.
(v) Conflict of interest.
(vi) Disputes.
(vii) Environmental data standards.
(viii) Governing law.
(ix) Indemnification.
(x) Independent status of the parties to the
			 agreement.
(xi) Order of precedence
			 for laws, rules, and the agreement.
(xii) Property rights, copyrights, and
			 patents.
(xiii) Records, audits,
			 and inspections.
(xiv) Recovery of
			 funds.
(xv) Severability.
(xvi) Suspension.
(xvii) Sustainable practices.
(xviii) Termination.
(xix) Third-party beneficiary.
(xx) Waiver of agreement
			 provisions.
(i) Special
			 terms and conditions, if any.
(j)
			 Agreement-specific terms and conditions, if any.
(k) Other items, if any, necessary to meet
			 the goals of the grant program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-330 - Amendments to the grant agreement

Current through Register Vol. 24-14, July 15, 2024
(1) A change to any of the following items
			 will require an executed amendment to the agreement prior to the grantee being
			 eligible for cost reimbursement due to such change:
(a) Scope of work or the objectives of the
			 project.
(b) Total project budget,
			 whether for an increase or decrease.
(c) Grant funding, whether for an increase or
			 decrease.
(d) Redistributing costs
			 among budget tasks that exceed ten percent deviation of the total eligible
			 costs of the funding distribution.
(e) Funding distributions.
(f) Agreement effective or expiration date,
			 whether to shorten or extend.
(g)
			 Special terms and conditions or agreement-specific terms and
			 conditions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-340 - Performance standards

Current through Register Vol. 24-14, July 15, 2024
General provisions.
(1) Nothing in this chapter influences,
			 affects, or modifies existing ecology programs, rules, or enforcement of
			 applicable laws and rules relating to activities funded by a grant.
(2) Ecology, or an auditor authorized by the
			 state of Washington, may audit or inspect a recipient's grant agreements and
			 records.
(3) New ecology grant
			 agreements signed after the effective date of this chapter must be managed
			 using ecology's designated electronic system. A recipient who cannot access the
			 electronic system to meet a deadline or agreement requirements must use a
			 process approved by ecology.
(4)
			 Ecology may perform site visits to monitor the project, evaluate performance,
			 and document compliance or any other conditions of the agreement.
Recipient standards.
(5) Recipients must:
(a) Follow all applicable accounting and
			 auditing laws and rules related to grants.
(b) Use funds according to the
			 agreement.
(c) Use funds according
			 to the recipient's own policies and procedures, and according to all applicable
			 laws and rules.
(d) Comply with all
			 applicable laws, rules, orders, and permits when carrying out activities
			 authorized by the agreement.
(e)
			 Obtain preapproval for equipment purchases over the amount specified in the
			 agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-350 - Closing out the agreement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 recipient must follow the closeout requirements in the agreement.
(2) Ecology is not obligated to reimburse the
			 recipient the final payment if the recipient does not meet all closeout
			 requirements within the time frames in the agreement.
(3) Ecology will close out the grant
			 agreement when it determines the recipient has met the closeout requirements or
			 when the agreement has been terminated (see WAC 173-566-360).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-360 - Termination of agreement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Failure by the recipient to comply with a grant agreement may result in
			 termination of the agreement.
(2)
			 Ecology will attempt to contact the recipient regarding any issues with
			 agreement compliance prior to terminating an agreement.
(3) Ecology's ability to make payments is
			 contingent on availability of funding. In the event funding from state or other
			 sources is withdrawn, reduced, or limited in any way after the effective date
			 and prior to completion or expiration date of the agreement, ecology, at its
			 sole discretion, may elect to:
(a) Terminate
			 the agreement, in whole or part;
(b) Renegotiate the agreement, subject to new
			 funding limitations or conditions; or
(c) Suspend performance of the agreement
			 until ecology determines the funding insufficiency is resolved.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-566 - Streamflow Restoration Funding › Section 173-566-370 - Appeals process

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to
			 filing a formal appeal with a judicial body, grant applicants and recipients
			 may request an internal review of a written decision by ecology using the
			 following procedures. These procedures are intended to encourage the informal
			 resolution of disputes.
(a) The applicant may
			 seek review of an initial funding decision within thirty days of the decision.
			 The applicant or recipient makes the request for review in writing to the water
			 resources program manager.
(b) The
			 program manager will consider the appeal information and will issue a written
			 decision within thirty days from the date the appeal is received.
(c) If the applicant or recipient is not
			 satisfied with the program manager's decision, the applicant or recipient has
			 thirty days to submit a written request to ecology's deputy director for a
			 review of the decision.
(d)
			 Ecology's director or deputy director will consider the appeal information and
			 will issue a written decision within thirty days from the date the request is
			 received. This decision will be ecology's final decision.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-010 - Background

Current through Register Vol. 24-14, July 15, 2024
(1) The Water
			 Resources Act of 1971 (chapter 90.54 RCW) sets forth fundamentals
			 of water resource policy to insure that the waters of the state will be
			 protected and fully utilized for the greatest benefit to the people of the
			 state of Washington, and in relation thereto, the act provides direction to the
			 department of ecology and other state agencies and officials in carrying out
			 water and related resource programs.
(2) The act directs the department to develop
			 and implement a water resources program which will provide a process for making
			 decisions on future water resource allocation and use.
(3) The program may be developed in regional
			 segments so that immediate attention may be given to waters of a given
			 physioeconomic region of the state or to specific critical problems of water
			 allocation and use.
(4)
			 Preservation and protection of water in a potable condition for adequate and
			 safe supplies to satisfy human domestic needs is one of the fundamentals of
			 state water resource policy set forth in said act.
(5) The act further directs the department of
			 ecology to modify existing regulations and adopt new regulations to insure that
			 existing regulatory programs are in accord with the water resource policies of
			 the act.
(6) Allocation of waters
			 among potential uses and users shall be based generally on the securing of the
			 maximum net benefits for the people of the state. Maximum net benefits shall
			 constitute total benefits less cost including opportunity lost.
Order DE 75-32, § 173-590-010, filed 3/11/76 and
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish and set forth a
				procedure whereby any person within the state of Washington may petition the
				department to reserve water for future public water supply.
Order DE 75-32, § 173-590-020, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-030 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation is adopted pursuant to the Water Resources Act
				of 1971, chapter 90.54
				RCW.
Order DE 75-32, § 173-590-030, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-040 - General

Current through Register Vol. 24-14, July 15, 2024
(1) These rules
			 shall apply to both surface and groundwaters of the state.
(2) Because of changing future conditions,
			 including institutional arrangements, reservations under this chapter will be
			 for specific geographic areas rather than for particular water
			 suppliers.
(3) Appropriation of
			 reserved water shall be in accordance with the intent and procedures set forth
			 in chapters 90.03
			 and 90.44 RCW and
			 adopted water resources programs under chapters 173-500 through 173-562 WAC
			 applicable to the geographic area specified in a water right
			 application.
(4) Regulations
			 reserving waters for public water supply shall, where appropriate, provide
			 guidelines for an interim use of the reserved waters for other beneficial
			 uses.
Order DE 75-32, § 173-590-040, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-050 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this chapter and subsequent regulations, the
				following definitions shall be used:
(1) "Community water use" means use of water
			 associated with needs of a community including street cleaning, parks, public
			 buildings, public swimming pools, firefighting, and attendant commercial,
			 industrial and irrigational uses.
(2) "Director" means the director of the
			 state of Washington department of ecology or his authorized
			 representative.
(3) "Department"
			 means the department of ecology unless specified otherwise.
(4) "Domestic water use" means use of water
			 associated with human health and welfare requirements, including water used for
			 drinking, bathing, sanitary purposes, cooking, laundering, irrigation of not
			 over one-half acre of lawn or garden per dwelling, and other incidental
			 household uses.
(5) "Commercial
			 and/or industrial use" means use of water associated with commercial and/or
			 industrial requirements such as service, processing, cooling and
			 conveying.
(6) "Public water
			 supply" means any water supply intended or used for human consumption and
			 community uses for more than one single-family residence.
(7) "Public water supply system" means a set
			 of facilities including source, treatment, storage, transmission and
			 distribution facilities whereby water is furnished to any municipality,
			 community, collection, or number of individuals for human consumption and
			 community uses.
(8) "Coordinated
			 water system plan" means a plan adopted by utilities covering one or more
			 public water supply system(s), which identifies present and future needs of
			 participating water systems and sets forth means for meeting those needs in the
			 most efficient manner possible. In areas where more than one water system lie
			 in close proximity, a coordinated water system plan may consist of either of
			 the following:
(a) A compilation of current
			 and compatible water system plans developed by each utility containing the
			 elements of comprehensive plan as set forth in WAC 248-54-280, with the
			 addition of future service area designations, assessment of the feasibility of
			 shared source, transmission, and storage facilities, and other mutual or
			 regional concerns.
(b) An area wide
			 water system plan developed jointly or by a lead agency which adequately
			 addresses all the items mentioned in (a) above.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-060 - Reservation procedure - Petition for reservation

Current through Register Vol. 24-14, July 15, 2024
Any person, hereafter desiring the department to reserve water
				for future public water supply may file a petition with the director requesting
				future establishment of a reservation, provided that the applicant shall have a
				coordinated water system plan approved by the secretary, department of social
				and health services unless exempted from this requirement by both the secretary
				and the director.
Order DE 75-32, § 173-590-060, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-070 - Contents of petition

Current through Register Vol. 24-14, July 15, 2024
Each petition to the director for the reservation of water
				shall include, but not be limited to, the following:
(1) Name and post office address of the
			 applicant.
(2) Source of water
			 supply.
(3) Map showing the
			 proposed general service area, source of supply, pipelines, distribution
			 systems, wells and other appurtenant works.
(4) Present and projected population in 10,
			 25, and 50 years.
(5) The amount of
			 the present and proposed use in the following categories, and the time during
			 which water will be required each year if the requirements differ seasonally:
(a) Domestic water use;
(b) Community water uses including specific
			 amounts for attendant commercial, industrial and irrigational uses;
(c) Other(s) as specified.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-080 - Record of petition

Current through Register Vol. 24-14, July 15, 2024
The department shall maintain a file of all petitions for
				reservation of water under the provisions of this chapter. If a petition is
				returned to the petitioner for completion or correction, the date and the
				reasons for the return thereof shall be endorsed and shall be recorded in the
				reservation file.
Order DE 75-32, § 173-590-080, filed
				  3/10/76.