reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-060 - FCAAP project application process

Current through Register Vol. 24-14, July 15, 2024
The project application process for the eligible municipal
				corporations' applications includes the following in the general sequence
				given.
(1) The applicant shall prepare
			 the project application to comply with the provisions of chapter 86.26 RCW and
			 this chapter. The application must be made on a form furnished by ecology. A
			 complete application shall include the following:
(a) A written description of the project
			 containing the following as a minimum: Name of applicant, name of affected
			 water body, project summary, location, amount of local match, and proposed
			 local funding source;
(b) A
			 detailed cost estimate identifying major project elements;
(c) A map to identify water body names,
			 stream river mile, section-township-range;
(d) Construction plans; and
(e) A description of the project benefits
			 that describes how the project will mitigate flood damages and describes
			 development which exists on adjacent and nearby lands which are protected by
			 the facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-070 - FCAAP project approval process

Current through Register Vol. 24-14, July 15, 2024
The project approval process for the eligible municipal
				corporations' applications includes the following in the general sequence
				given.
(1) Ecology will review all
			 projects for compliance with the requirements under this chapter and chapter
			 86.26 RCW.
(2) Ecology shall
			 consult with the state department of fish and wildlife in the development of a
			 project priority list. The state department of natural resources, affected
			 Indian tribes, and other affected parties may review and comment on the
			 proposed project plans before the approval of those plans.
(3) Thirty days public notice must be given
			 that the project priority list will be the subject of a public hearing. Notice
			 of this hearing shall appear in the
Washington State Register
in accordance with
			 chapter
			 34.08 RCW.
(4) The project priority list will be
			 available at the shorelands and environmental assistance program of the
			 department of ecology, at least fifteen days before the public
			 hearing.
(5) The public comments
			 will be reviewed and ecology shall approve the project priority list as
			 proposed or as revised in accordance with public comments.
(6) Ecology shall prepare and finalize the
			 written agreements with the counties.
(7) The counties shall prepare and finalize
			 the written agreements with the involved eligible municipal corporations within
			 the county.
(8) The applicant shall
			 prepare the construction plans and specifications for approval by the county
			 engineer before submitting them to ecology for review and approval of each
			 project for compliance with all requirements.
(9) The applicant shall acquire the necessary
			 federal, state, and local permits or authorizations along with any other
			 permission required to complete the project.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-070, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-070, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-070, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-080 - Criteria for allocation of funds

Current through Register Vol. 24-14, July 15, 2024
The priority given to projects by ecology, the counties, and
				other eligible municipal corporations shall involve consideration of the
				following criteria:
(1) The
			 relationship of public benefits to total project costs;
(2) The priority that has already been
			 established by each county;
(3)
			 Intensity of local flood control management problems including, but not limited
			 to, their inter-relationships with:
(a)
			 Population affected;
(b) Property
			 and related development affected;
(c) Land management and zoning;
(d) Existing flood control management
			 practices.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-090 - Flood control assistance account funding and matching requirements

Current through Register Vol. 24-14, July 15, 2024
The flood control assistance account is established at four
				million dollars at the beginning of each biennium. The following criteria must
				be used for allocating FCAAP funds:
(1) The amount of FCAAP funding for any
			 project, except emergency projects described in WAC
			 173-145-100, may not exceed
			 seventy-five percent of the total project cost, including planning and design
			 costs.
(2) The amount of FCAAP
			 funds for cost sharing feasibility studies for new flood control projects shall
			 not exceed fifty percent of the matching funds that are required by the federal
			 government, and shall not exceed twenty-five percent of the total cost of the
			 feasibility study.
(3) The amount
			 of FCAAP funds to prepare a CFCMP may not exceed seventy-five percent of the
			 full planning costs.
(4) The amount
			 of FCAAP funds available for all nonemergency projects and CFCMP's in any
			 county may not exceed five hundred thousand dollars per biennium.
(5) In addition to the limits in subsection
			 (4) of this section, an agency formed under chapter 86.13 RCW must be allowed
			 up to one hundred thousand dollars in FCAAP funds per biennium.
(6) In those areas where a designated CFCMP
			 area extends into two or more jurisdictions, costs for a CFCMP may be shared by
			 the involved local authorities.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-090, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-090, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-090, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-100 - Emergency fund administration

Current through Register Vol. 24-14, July 15, 2024
Funds must be available for flood control projects in response
				to unusual, unforseeable [unforeseeable], and emergent flood conditions and
				must be allocated in amounts adequate for the preservation of life and
				property. The following criteria must be the basis of allocating the emergency
				funds:
(1) Appropriations from the
			 FCAAP fund for emergency projects will require the declaration of an emergency
			 by the appropriate local authority.
(2) Application for emergency funds must be
			 made on the same form used for nonemergency fund applications.
(3) Payment of FCAAP funds for emergency
			 projects will be based on project construction costs. Flood fighting costs may
			 be included.
(4) Payment for
			 emergency work must be allocated on a first-come first-serve basis and may not
			 be based on any priority system.
(5) At the discretion of ecology, emergency
			 funds may be made available for use on nonemergency projects.
(6) The maximum amount of emergency funds
			 initially available for any one county is one hundred fifty thousand dollars
			 per biennium. If the total available emergency funds are not needed by other
			 counties, and the amount of emergency funds needed in a county exceeds one
			 hundred fifty thousand dollars, the county can request additional emergency
			 funds.
(7) The flood control
			 assistance account contribution may not exceed eighty percent of the eligible
			 project cost of an emergency project.
(8) Emergency funds will only be made
			 available to projects that have been given approval for matching funds by the
			 department of ecology before construction work is performed.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-100, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-100, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-100, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-110 - Multiyear projects

Current through Register Vol. 24-14, July 15, 2024
Approval for eligibility by ecology will only be required once
				for a project that continues more than one biennium, but funding for each
				subsequent biennium is subject to further FCAAP appropriation by the
				legislature.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-110, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-110, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-110, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-120 - Work standards for all FCAAP projects

Current through Register Vol. 24-14, July 15, 2024
All work that is funded from the flood control assistance
				account shall conform to the standards and specifications of the county
				engineer.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-120, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-120, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-120, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-130 - Project construction monitoring

Current through Register Vol. 24-14, July 15, 2024
The following are the responsibilities and criteria for project
				construction monitoring and final approval:
(1) County engineer responsibilities.
			 Associated with responsibility for project plan approval and supervision of the
			 project work, the county engineer shall provide inspection to assure that all
			 project work is conducted and completed according to the construction plans and
			 specifications.
(2) Ecology's
			 responsibilities. The authorized representative of the department of ecology
			 has the right to enter at all reasonable times in or upon any property, public
			 or private, for the purpose of monitoring and inspecting the project work as
			 necessary to assure compliance with the terms of the appropriate written
			 agreement. The authorized representative of the department of ecology is the
			 contract officer and must be identified in the written agreement. The county
			 engineer will be informed before any inspection for purposes of construction
			 monitoring and guidance by any representative of ecology other than the
			 contract officer. Representatives of ecology may observe the construction
			 process without prior notification of the county engineer.
(3) Final inspection and approval. Upon
			 completion of the work, the county engineer, along with representatives from
			 ecology and the applicant, shall make a final detailed inspection. Results of
			 the final inspection must be displayed in a written report prepared by ecology
			 and, when appropriate, on "as built" construction plans. "As built"
			 construction plans must be submitted to ecology within thirty days after the
			 final project inspection.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-130, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-130, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-130, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-140 - Written agreements

Current through Register Vol. 24-14, July 15, 2024
Written agreements will be prepared by ecology as a means to
				reimburse eligible municipal corporations for work done on approved eligible
				projects or for development of CFCMP's. Written agreements, billing, and
				payment shall comply with ecology's standard requirements for grants and
				contracts. Notification is required when written agreements will not be
				accepted or executed to allow ecology the opportunity to award prioritized,
				unfunded projects.
Statutory Authority: Chapter 86.26 RCW. 87-04-022 (Order
				  86-36), § 173-145-140, filed 1/28/87; 85-14-002 (Order DE 85-10), §
				  173-145-140, filed 6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-155 - Approval of changes to written agreements

Current through Register Vol. 24-14, July 15, 2024
All flood control maintenance and comprehensive flood control
				management planning (CFCMP) projects subject to the provisions of this rule
				must be conducted in accordance with the plans, specifications, and conditions
				approved by ecology. Any contemplated changes during construction or planning
				process that are significant deviations from conditions of the approved
				agreement, must first be submitted to ecology for approval. Any changes to the
				total cost of the project following execution of the written agreement must be
				submitted to ecology for approval before the construction or the completion of
				the plan.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-155, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-155, filed
				  1/28/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish and set forth the
				policies and procedures of the department of ecology in regard to the
				protection of the availability of groundwater as it pertains to the water
				withdrawal facilities of holders of groundwater rights.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-010, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the department of ecology
				pursuant to
				chapters
				43.21A,
				90.44,
				90.54 and 18.104
				RCW.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-020, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-040 - Reasonable or feasible pumping lift

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, reasonable or feasible
				pumping lift shall be determined by the department taking into account the
				following factors, among others:
(1)
			 The geohydraulic characteristics of the aquifer;
(2) The state of construction technology of
			 water withdrawal facilities;
(3)
			 Historic considerations in regards to the construction, maintenance and use of
			 water withdrawal facilities within the vicinity;
(4) The groundwater area or subarea
			 management program for the vicinity, if one exists.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-040, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-050 - Establishment of new rights - Interference considerations

Current through Register Vol. 24-14, July 15, 2024
If the department determines that a proposed appropriation of
				groundwater would cause a lowering of the water levels below a reasonable or
				feasible pumping lift in any withdrawal facilities of an existing groundwater
				right holder or that approval of the proposed appropriation would impair any
				existing water rights or would otherwise be detrimental to the public welfare,
				the application shall be rejected. If, however, the application is to be
				rejected because of conflict with existing rights, and the applicant thereafter
				indicates that such existing rights will be acquired by the applicant by
				purchase, gift or condemnation under
				RCW
				90.03.040, the department may issue an
				interim conditional ruling and defer final decision on the application for a
				reasonable period of time to be specified by the department in the interim
				ruling.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-050, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-060 - Impairment of water right

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, a groundwater right which
				pertains to qualifying withdrawal facilities, shall be deemed to be impaired
				whenever:
(1) There is an interruption
			 or an interference in the availability of water to said facilities, or a
			 contamination of such water, caused by the withdrawal of groundwater by a
			 junior water right holder or holders; and
(2) Significant modification is required to
			 be made to said facilities in order to allow the senior groundwater right to be
			 exercised.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-060, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-070 - Notification of impairment of right

Current through Register Vol. 24-14, July 15, 2024
Any senior groundwater right holder who believes that his water
				right has been impaired may notify the department of such impairment and
				request the assistance of the department to protect the availability of water
				to his qualifying withdrawal facilities. Such notification and request for
				assistance must be in writing and must contain the following
				information:
(1) Name, address and
			 signature of the senior water right holder;
(2) Description of the water right, including
			 the water right number if one exists; the quantities of water permitted and the
			 quantities of water historically withdrawn; the priority date of the water
			 right; the location of the withdrawal facilities; a description of the
			 withdrawal facilities including well depth, casing, pump size and depth and
			 historic water levels, and any recent changes made to the withdrawal facilities
			 or the use of such facilities, especially in relation to WAC
			 173-150-030(8);
			 the name of the water well contractor and a copy of the water well report of
			 the construction of the withdrawal facilities, if available;
(3) Description of the alleged impairment of
			 the senior water right, the date of the beginning of impairment, the degree of
			 impairment and any steps taken by the senior water right holder to alleviate
			 the impairment;
(4) Location and
			 description of the junior water withdrawal facilities together with the name of
			 the user thereof, if known, which in the opinion of the senior water right
			 holder are the cause of the impairment;
(5) Any other pertinent information which may
			 reasonably be required by the department.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-070, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-080 - Procedures for correction of impairment

Current through Register Vol. 24-14, July 15, 2024
Upon notification to the department of the impairment of a
				groundwater right as provided in WAC
				173-150-070 or on the
				department's own motion, the department may, when appropriate, notify the water
				right holders of the alleged impairment and of its intention to make
				investigations concerning the matter. The department may conduct aquifer or
				pump tests and make investigations of the withdrawal works, geology, hydrology,
				water quality, historic water use or other factors which may influence the
				local aquifers, and may make a written report of its findings. If it is
				determined that groundwater withdrawals by a junior water right holder or
				holders have caused the impairment, the department may, through regulatory
				orders, take one or more of the following actions:
(1) Bar or regulate the withdrawals of the
			 junior appropriator(s) in a fashion which will preclude future impairment of
			 the senior right;
(2) Bar or
			 regulate the groundwater withdrawals of the most junior water right holders in
			 order of priority of right if the aggregate withdrawals exceed the maximum
			 amount set by the department for the area, subarea or zone pursuant to the
			 procedures of
			 RCW
			 90.44.180;
(3) Require the well owner(s), including the
			 senior water right holder, to rehabilitate or abandon the well(s) in accordance
			 with chapter 173-160 WAC in the case of impairment caused by the failure of
			 wells to meet the well construction standards or the requirements of water
			 right permit or certificate provisions, if any;
(4) Rescind authorizations for additional
			 junior withdrawal facilities and/or reduce the authorized withdrawal rates, as
			 appropriate, where the department finds that an appropriation by a junior right
			 holder is the cause of the impairment and where the said junior groundwater
			 right holder has not yet completed construction of the authorized withdrawal
			 facilities. The department shall include a provision concerning the possibility
			 of such rescissions as a condition on groundwater permits with multiple points
			 of withdrawal.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-080, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-090 - Voluntary agreements

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Notwithstanding the provisions of WAC
			 173-150-080, should the senior
			 and junior water right holders reach a voluntary agreement which satisfies the
			 concerns stated in the notification of impairment, the department, if it
			 determines that the public interest is fully protected thereby, shall not
			 regulate the withdrawals by the junior water right holder under this
			 regulation.
(2) If such an
			 agreement includes provisions for the delivery of water from another water
			 withdrawal facility to the holder of the senior water right, said agreement
			 shall not take effect until all requirements of
			 RCW
			 90.44.100 are satisfied or, if a new right to
			 withdraw water is required to be established, a permit is issued pursuant to
			 RCW
			 90.44.050.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-090, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-100 - Water quality

Current through Register Vol. 24-14, July 15, 2024
As a general rule, an element of a groundwater right is the
				right to use waters of quality appropriate to the beneficial use. In addition
				to the protection of the availability of groundwater to the water withdrawal
				facilities of groundwater right holders, it shall be the policy of the
				department to protect the quality of the groundwaters of the state and in
				relation thereto to discourage any withdrawal facilities construction methods,
				water use or disposal practices which would contaminate or otherwise reduce the
				quality of the groundwaters or impair the beneficial uses of groundwaters of
				the state.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-100, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-110 - Saltwater intrusion and groundwater contamination

Current through Register Vol. 24-14, July 15, 2024
In addition to the procedures outlined in WAC
				173-150-080, the department may
				regulate or control saltwater intrusion conditions caused by withdrawals from a
				freshwater aquifer or groundwater contamination caused by improper well
				construction techniques or other causes, through other means, including
				artificial recharge projects, the importation of additional water from other
				sources, or any other means deemed by the department to be reasonable, feasible
				and appropriate.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-110, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-120 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to all groundwater
				rights and groundwater users under state jurisdiction, except that WAC
				173-150-080 shall apply only to
				permits issued or other groundwater rights established subsequent to the
				effective date of this chapter, or to withdrawal facilities which are the
				subject of an application for change of water right filed pursuant to
				RCW
				90.44.100 subsequent to the effective date of
				this chapter. Cases of impairment caused by facilities or groundwater rights
				which are not subject to this chapter shall be subject to existing state laws
				and regulations.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-120, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-125 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as are appropriate under 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 18.104,
				  43.21A, 43.27A,
				  90.44 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-150-125, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-130 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority: Chapters 18.104,
				  43.21A, 43.27A,
				  90.44 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-150-130, filed 6/9/88. Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-130, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-135 - 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 18.104,
				  43.21A, 43.27A,
				  90.44 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-150-135, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-150 - Protection of withdrawal facilities associated with groundwater rights › Section 173-150-140 - Existing laws and regulations not affected

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall be construed to in any manner
				limit the authority of the department to administer and enforce the existing
				water resources laws of the state, including but not limited to chapters
				18.104, 90.03,
				90.36,
				90.44,
				90.48 and
				90.54 RCW, and regulations
				promulgated thereunder.
Statutory Authority:
				  Chapter
				  90.44 RCW. 85-12-017
				  (Order 84-44), § 173-150-140, filed
				  5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-152 - Water rights › Section 173-152-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This rule establishes the framework under which the department
				can:
(1) Provide for the organization
			 of its work;
(2) Prioritize basins
			 to be assessed;
(3) Conduct basin
			 assessments;
(4) Prioritize
			 investigations of water right applications by geographic areas; and
(5) Establish criteria for priority
			 processing of applications for:
(a) New water
			 rights; and
(b) Change or transfer
			 of existing water rights.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-152 - Water rights › Section 173-152-030 - Organization and management of workload except under chapter 90.90 RCW

Current through Register Vol. 24-14, July 15, 2024
The department will organize and manage its daily water rights
				workload as established in subsections (1) through (5) of this section, except
				for applications processed under WAC
				173-152-035.
(1) The department may establish regions and
			 maintain regional offices or field offices for the purposes of maximizing the
			 efficiency of its work. Regional offices and their geographic jurisdictions as
			 of the effective date of this rule are as follows:
(a) Northwest regional office serving Island,
			 King, Kitsap, San Juan, Skagit, Snohomish, and Whatcom counties.
(b) Southwest regional office serving
			 Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Lewis, Mason, Pacific,
			 Pierce, Skamania, Thurston, and Wahkiakum counties.
(c) Central regional office serving Benton,
			 Chelan, Douglas, Kittitas, Klickitat, Okanogan, and Yakima counties.
(d) Eastern regional office serving Adams,
			 Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille,
			 Spokane, Stevens, Walla Walla, and Whitman counties.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-152 - Water rights › Section 173-152-035 - Organization and management of workload under chapter 90.90 RCW

Current through Register Vol. 24-14, July 15, 2024
The department will organize and manage the daily workload as
				established in subsections (1) through (6) of this section for applications
				processed under chapter 90.90 RCW.
(1)
			 The department implements chapter 90.90 RCW in counties or portions of counties
			 in the central, eastern, and southwest regional offices, as shown in the map by
			 counties on map B.
(2) The
			 department processes the following types of applications under chapter 90.90
			 RCW:
(a) New applications proposing to divert
			 surface water from the Columbia River between the border of the United States
			 and Canada and the Bonneville Dam.
(b) New applications proposing to divert
			 surface water from the Lower Snake River downstream of Lower Monumental
			 Dam.
(c) New applications
			 associated with a voluntary regional agreement proposing to divert or withdraw
			 water from the Columbia River mainstem or Lower Snake River mainstem.
(d) New applications proposing to divert
			 surface water within the Columbia River basin for storage or net water savings
			 funded in whole or in part by the Columbia River account.
(e) New applications proposing to withdraw
			 groundwater within the Columbia River basin for storage or net water savings
			 funded in whole or in part by the Columbia River account where the proposed
			 well(s) and use(s) can be mitigated using the same source as that of the
			 withdrawal.
(f) Applications for
			 water rights and trust water within the Columbia River basin associated with a
			 project funded by the Columbia River account.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-152 - Water rights › Section 173-152-040 - Basin assessments

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The department may conduct assessments to assemble and compare information
			 related to:
(a) Water use;
(b) Water availability;
(c) The quantity of water allocated to
			 existing rights;
(d) Known or
			 potential water rights not recorded within the state water right record, and
			 claims to water rights including those recorded within the water rights claims
			 registry;
(e) Instream flow;
			 and
(f) The hydrology of a
			 basin.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-152 - Water rights › Section 173-152-050 - Criteria for priority processing of competing applications

Current through Register Vol. 24-14, July 15, 2024
At ecology's discretion, the department may approve an
				application for priority processing that addresses one of the criteria
				below:
(1) Within each regional office
			 and among applications processed under chapter 90.90 RCW, the department may
			 prioritize an application ahead of competing applications if the application
			 resolves or alleviates a situation under either (a) or (b) of this subsection.
(a) A public health or safety emergency
			 exists for a public water system currently providing potable water to existing
			 users.
Inadequate water rights for a public water system to serve
				existing hook-ups or to accommodate future population growth or other future
				uses do not constitute a public health or safety emergency. The application
				must specifically propose to correct the actual or anticipated cause(s) of the
				emergency. An emergency must meet one or more of the following
				conditions:
(i) A public water system
			 has failed to meet state board of health standards for the delivery of potable
			 water to existing water system users in adequate quantity or quality to meet
			 basic human drinking, cooking and sanitation needs.
(ii) The current water source has failed or
			 will fail within one year so that the public water system is or will become
			 incapable of exercising its existing water right to meet existing needs for
			 drinking, cooking and sanitation purposes after all reasonable water use
			 efficiency and conservation efforts have been implemented.
(iii) A change in source is required to meet
			 drinking water quality standards and avoid unreasonable treatment costs, or the
			 state department of health determines that the existing source of supply is or
			 will become unacceptable for human use.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-152 - Water rights › Section 173-152-060 - Exceptions

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter precludes the department from
				processing an application filed for a project where the law provides a specific
				process for evaluation of the application and issuance of a decision, or where
				the law provides or allows for expedited processing of an application.
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Statutory Authority:
				  RCW
				  43.21A.064(9),
				  43.27A.090(11),
				  chapters
				  90.03,
				  90.44,
				  90.54, and 90.82 RCW. 11-01-126
				  (Order 09-05), § 173-152-060, filed 12/20/10, effective 1/20/11. Statutory
				  Authority:
				  RCW
				  43.21A.064(8) and
				  43.27A.090(11).
				  98-06-042 (Order 97-14), § 173-152-060, filed 2/27/98, effective
				  3/30/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-010 - What are the purpose and authority of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish procedures the
				department of ecology (ecology), water conservancy boards, applicants,
				concerned agencies, and the public will follow in implementing chapter 90.80
				RCW. Chapter 90.80 RCW authorizes establishment of water conservancy boards and
				vests them with certain powers relating to water right transfers.
				RCW
				90.80.040 authorizes the department to adopt
				rules necessary to carry out the purposes of the statute.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-010, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-010, filed 11/17/99,
				  effective 12/18/99.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-020 - To what does this chapter apply?

Current through Register Vol. 24-14, July 15, 2024
These procedures apply to the establishment of water
				conservancy boards in accordance with chapter 90.80 RCW and to:
(1) How such boards will function when
			 processing water right transfer applications that are filed with a board or
			 that are transferred to a board from ecology at an applicant's
			 request;
(2) Reporting requirements
			 of boards;
(3) How ecology will
			 support and interact with boards; and
(4) How interested agencies and the public
			 may participate in the board process.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-020, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-020, filed 11/17/99,
				  effective 12/18/99.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-040 - How is a water conservancy board created?

Current through Register Vol. 24-14, July 15, 2024
All eligible entities identified in this section under
				subsection (1)(a) of this section are encouraged to consult with ecology when
				considering creation of a water conservancy board. In accordance with chapter
				90.80 RCW, boards may have either three or five commissioners and must be
				established to serve an identified geographic area, as defined in WAC
				173-153-030. A newly established
				board cannot include in the geographic area in which it will serve any area
				that overlaps with a geographic area served by an existing board.
(1) Creation of a water conservancy board is
			 accomplished by the following steps:
(a) A
			 resolution or petition is proposed to or by the legislative authority or
			 authorities of a county or counties;
(b) Public notice;
(c) Public hearing(s);
(d) Adoption of a resolution creating the
			 board by the legislative authority or authorities of the county or
			 counties;
(e) When a board is
			 created by more than one county legislative authority, a lead county is
			 designated;
(f) A petition is
			 submitted to the director; and
(g)
			 The director must approve the creation of a board.
Where is the resolution or petition calling for the
				creation of a board submitted?
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-042 - How are water conservancy board commissioners and alternates appointed and the length of their terms determined?

Current through Register Vol. 24-14, July 15, 2024
How do counties notify ecology of board commissioner's
				and alternate's appointments and terms?
(1) Upon approval of a new board by ecology,
			 or upon approval of restructuring the number of commissioners on an existing
			 board, the legislative authority of the county or the lead county shall submit
			 to ecology's water conservancy board coordinator a written statement
			 identifying the individuals appointed to the board. The statement must include:
(a) The name, mailing address, and phone
			 number or other contact information of the commissioners and/or
			 alternates;
(b) The terms of office
			 of the commissioners; these terms of office must be staggered as described in
			 RCW
			 90.80.050(1).
What happens when a board commissioner's term expires or
				a board position becomes vacant?
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-043 - How can a board's authority be revoked or the board dissolved?

Current through Register Vol. 24-14, July 15, 2024
Revocation:
(1)
(a)
			 Ecology may revoke legal authority of a board to make any decisions regarding
			 water right transfers for reasons which include, but are not limited to, the
			 following:
(i) If the board fails to issue a
			 record of decision for a period of two years or more from the date the board
			 was approved or from the date that the last record of decision was issued;
			 or
(ii) If the board demonstrates a
			 pattern of ignoring statutory and regulatory requirements in its processing of
			 applications or in its records of decision; or
(iii) If requested by the legislative
			 authority or authorities of the county or counties that called for the board's
			 formation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-045 - What is the process for restructuring a board?

Current through Register Vol. 24-14, July 15, 2024
(1) A board may be restructured as to the
			 number of commissioners on the board and the geographic area of its
			 jurisdiction.
(2) A board, a county
			 legislative authority, or a lead county legislative authority may request to
			 restructure an existing board within its geographical jurisdiction. It is
			 suggested that the legislative authority or authorities of the county or
			 counties and the existing board communicate and work cooperatively during the
			 board restructuring process.
(3) If
			 a request is made to restructure an existing board to a multicounty board, WRIA
			 board, or multi-WRIA board, the county legislative authority with the existing
			 board must determine if the restructured board would include geographic areas
			 within an additional county or counties. If the restructure includes a
			 geographic area of another county, the county legislative authority or all
			 county legislative authorities of the affected counties must agree:
(a) To the number of board commissioners
			 serving on the board;
(b) Whether
			 the commissioners and alternates currently appointed to and serving on the
			 existing board or boards shall continue in that capacity;
(c) That areas within the county may be
			 included within the geographic jurisdiction of the multicounty, WRIA, or
			 multi-WRIA board.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-050 - What are the training requirements for board commissioners and alternates?

Current through Register Vol. 24-14, July 15, 2024
What training is required for newly appointed board
				commissioners and alternates?
(1) Every commissioner and alternate of a
			 board shall complete a training program provided by ecology:
(a) Before participating in any decision
			 concerning a water right transfer application being considered by the
			 board;
(b) Within one year of
			 appointment to the board by the county legislative authority. If the training
			 program is offered and is not completed within one year of appointment to the
			 board, ecology may inform the county and request the county to seek the
			 commissioner's resignation;
(c) Not
			 more than one year prior to the commissioner's or alternate's appointment to
			 the board by the county legislative authority. If the training program is
			 completed by board administrative staff or other participating noncommissioners
			 more than one year prior to subsequent appointment to the board, the
			 commissioner will be required to repeat the training.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-060 - What is the scope of authority of a water conservancy board?

Current through Register Vol. 24-14, July 15, 2024
(1) A board has
			 authority to:
(a) Evaluate water right
			 transfer applications and issue records of decision and reports of examination
			 for water right transfers;
(b) Act
			 upon the transfer of water rights to the state trust water right program, when
			 doing so is associated with an application to transfer a water right. Boards
			 are encouraged to immediately contact ecology for technical assistance when
			 acting on changes involving trust water rights;
(c) Establish and maintain a water right
			 transfer information exchange program regarding the sale and lease of water
			 rights; and
(d) Perform other
			 activities as may be authorized under chapter 90.80 RCW, subject to other
			 applicable state laws and regulations.
How does a board process a water right change
				application?