reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part A - TERM FINANCIAL COMMITMENTS; RELATIONSHIP OF ECOLOGY AND THE WUTC; AND RELATIONSHIP OF ECOLOGY AND THE GOVERNING BOARDS OF CONSUMER-OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-040 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) In
				accordance with
				RCW
				   90.03.605, to assist the public in complying
				with this chapter, ecology shall prepare and distribute technical and
				educational information regarding the scope and requirements of this
				chapter.
(2) When ecology
				determines that a violation has occurred, it shall:
(a) First attempt to achieve voluntary
				compliance. One method is to offer information and technical assistance to the
				person, in writing, showing one or more means to legally accomplish the
				person's purposes.
(b) If education
				and technical assistance do not achieve compliance, ecology may issue a notice
				of violation, a formal administrative order under
				RCW
				   43.27A.190, or assess penalties under
				RCW
				   43.83B.336,
				90.03.400,
				90.03.410,
				90.03.600,
				90.44.120, and
				90.44.130.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part A - TERM FINANCIAL COMMITMENTS; RELATIONSHIP OF ECOLOGY AND THE WUTC; AND RELATIONSHIP OF ECOLOGY AND THE GOVERNING BOARDS OF CONSUMER-OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-050 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All of ecology's final written decisions pertaining to
				  permits, regulatory orders, and related decisions made pursuant to this chapter
				  may be appealed to the pollution control hearings board in accordance with
				  chapter 43.21B RCW.
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-050, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part A - TERM FINANCIAL COMMITMENTS; RELATIONSHIP OF ECOLOGY AND THE WUTC; AND RELATIONSHIP OF ECOLOGY AND THE GOVERNING BOARDS OF CONSUMER-OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-060 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology
				reserves the right to review and amend this rule as needed.
(2) Ecology, in consultation with the
				counties, the city of Port Townsend, Jefferson County PUD #1, tribal
				governments, other state agencies, and the WRIA 17 planning unit (if active),
				may initiate a review, and if necessary a modification through rule making, of
				this chapter as appropriate, including whenever:
Applicable statutory changes are enacted.
Significant new information becomes available.
Significant changes in conditions such as population growth
				  trends, water service areas and groundwater levels occur.
(3) Ecology, in consultation with the
				counties, Jefferson County PUD #1, tribal governments and the WRIA 17 planning
				unit (if active), will annually review the allocated and unallocated amounts
				for each reserve management area.
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-060, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part A - TERM FINANCIAL COMMITMENTS; RELATIONSHIP OF ECOLOGY AND THE WUTC; AND RELATIONSHIP OF ECOLOGY AND THE GOVERNING BOARDS OF CONSUMER-OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-070 - Maps

Current through Register Vol. 24-14, July 15, 2024
For the purpose of administering this chapter, two maps are
				  provided. Map A shows the boundaries of the stream management units and the
				  control points. Map B shows reserve management areas, coastal management areas,
				  and the portion of WRIA 17 not covered by this chapter.
Click to view
								image
Click to view
								image
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-070, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part B - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-080 - Establishment of stream management units

Current through Register Vol. 24-14, July 15, 2024
Ecology hereby establishes the following stream management
				  units, with accompanying control points. A control point is a designated
				  location on a stream used to set and measure instream flow levels. Each control
				  point location is identified by estimated river mile and approximate latitude
				  and longitude in Table 1. The control points and boundaries of the stream
				  management units are shown on Map A in WAC
				  173-517-070.
Table 1 Stream Management Unit
				  Information
Stream Management Unit Name
Control Point by River Mile
								(RM);
Latitude North (Lat) and Longitude West
								(Long)
Stream Management Reach
Big Quilcene River
RM 0.4
Lat 47° 49' 07" N,
Long 122° 52' 17" W
From mouth to headwaters, including
								tributaries.
Chimacum Creek
RM 0.3
Lat 48° 03' 00" N,
Long 122° 47' 07" W
From mouth to headwaters, including
								tributaries.
Donovan Creek
RM 0.4
Lat 47° 49' 58" N,
Long 122° 51' 43" W
From mouth to headwaters, including
								tributaries.
Howe Creek
RM 0.5
Lat 47° 52' 43" N,
Long 122° 55' 24" W
From mouth to headwaters, including
								tributaries.
Leland Creek
RM 0.1
Lat 47° 50' 18" N,
Long 122° 53' 10" W
From mouth to headwaters, including
								tributaries.
Little Quilcene River
RM 0.8
Lat 47° 49' 48" N,
Long 122° 52' 30" W
From mouth to headwaters, including tributaries
								except Leland and Howe creeks.
Ludlow Creek
RM 0.5
Lat 47° 55' 00" N,
Long 122° 43' 00" W
From mouth to headwaters, including
								tributaries.
Piddling Creek #17.0200
RM 0.2
Lat 47° 57' 27" N,
Long 122° 41' 54" W
From mouth to headwaters, including
								tributaries.
Salmon Creek
RM 0.8
Lat 47° 58' 49" N,
Long 122° 53' 49" W
From mouth to headwaters, including
								tributaries.
Snow Creek
RM 0.4
Lat 47° 59' 02" N,
Long 122° 53' 12" W
From mouth to headwaters, including
								tributaries.
Spencer Creek
RM 0.0
Lat 47° 44' 45" N,
Long 122° 52' 33" W
From mouth to headwaters, including
								tributaries.
Tarboo Creek
RM 0.8
Lat 47° 52' 08" N,
Long 122° 49' 03" W
From mouth to headwaters, including
								tributaries.
Thorndyke Creek
RM 1.2
Lat 47° 49' 24" N,
Long 122° 44' 23" W
From mouth to headwaters, including
								tributaries.
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-080, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part B - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-090 - Instream flows

Current through Register Vol. 24-14, July 15, 2024
(1) Instream flows
				established in this chapter are flow levels which protect and preserve
				wildlife, fish, stock water, scenic, aesthetic, recreation, water quality and
				other environmental values, and navigational values.
(2) Instream flows established in this
				chapter are water rights, which protect instream values from future consumptive
				appropriations. The priority date of the instream flows is the effective date
				of this chapter.
(3) Instream flows
				will be protected from impairment by any new water rights commenced after the
				effective date of this chapter and by all future changes and transfers of
				senior and junior water rights, including both surface and groundwater rights.
				The following water rights are not subject to instream flows:
(a) Water rights existing before the
				effective date of this chapter as explained in WAC
				173-517-020(4).
(b) Water rights appropriated from the
				reserves of water established in WAC
				173-517-150.
(c) Future withdrawals for environmental
				restoration purposes under WAC
				173-517-200, unless included as a
				permit condition.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part B - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-100 - Closures

Current through Register Vol. 24-14, July 15, 2024
(1) Based on past
				and current low flows, ecology has determined that no waters are reliably
				available for new consumptive uses from the streams and tributaries in WRIA 17
				listed in Table 5, with the exception of certain times of year in the Big
				Quilcene River and Chimacum Creek. Therefore, all surface waters listed in
				Table 5 are closed to any further consumptive appropriation, except as provided
				in WAC 173-517-110.
Ecology finds that there is some water available above the
				  instream flows at specific locations and times of year in the Big Quilcene
				  River and Chimacum Creek that could be appropriated for storage or other
				  projects that do not require year-round water supplies. These withdrawals
				  require a water right permit from ecology and are subject to the seasonal
				  restrictions in Table 5, the instream flows established in WAC
				  173-517-090, and the allocation
				  limits defined in WAC
				  173-517-140.
(2) Closures in subsection (1) of this
				section include future withdrawals from groundwater that would have an adverse
				impact on closed surface water, including permit-exempt withdrawals.
(3) Exceptions to the closures are provided
				in WAC 173-517-110.
Table 5 Surface Water Closures
Stream Management Unit Name
Affected Reach
Timing
Big Quilcene River
From mouth to headwaters, including
								tributaries.
June 16 to November 15
Chimacum Creek
From mouth to headwaters, including
								tributaries.
March 1 to November 30
Donovan Creek
From mouth to headwaters, including
								tributaries.
All Year
Howe Creek
From mouth to headwaters, including
								tributaries.
All Year
Leland Creek
From mouth to headwaters, including
								tributaries.
All Year
Little Quilcene River
From mouth to headwaters, including tributaries
								except Leland and Howe creeks.
All Year
Ludlow Creek
From mouth to headwaters, including
								tributaries.
All Year
Piddling Creek #17.0200
From mouth to headwaters, including
								tributaries.
All Year
Salmon Creek
From mouth to headwaters, including
								tributaries.
All Year
Snow Creek
From mouth to headwaters, including
								tributaries.
All Year
Spencer Creek
From mouth to headwaters, including
								tributaries.
All Year
Tarboo Creek
From mouth to headwaters, including
								tributaries.
All Year
Thorndyke Creek
From mouth to headwaters, including
								tributaries.
All Year
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-100, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-110 - Future new water use - Generally

Current through Register Vol. 24-14, July 15, 2024
A new surface or groundwater appropriation (including any
				  permit-exempt groundwater withdrawal) or other new use may occur only if
				  consistent with the surface and groundwater statutes and the applicable
				  requirements of law and if any one of the following seven conditions
				  (subsections (1) through (7) of this section) apply:
(1) The proposed use is
				nonconsumptive.
(2) The proposed
				surface water appropriation would not have an adverse effect on any of the
				surface waters closed in WAC
				173-517-100(1).
(3) The proposed groundwater withdrawal is
				located where it would not adversely affect any of the surface waters closed in
				WAC 173-517-100(1),
				by meeting either condition (a) or (b) of this subsection:
(a) The person or entity seeking to commence
				a proposed groundwater appropriation shows, through scientifically sound
				studies and technical analysis, that the groundwater use would not have an
				adverse effect on any of the surface waters closed in WAC
				173-517-100(1),
				and receives approval of a water right.
(b) The proposed groundwater appropriation
				occurs in a coastal management area designated in Map B of WAC
				173-517-070.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-120 - Conservation standard

Current through Register Vol. 24-14, July 15, 2024
Ecology has determined that a conservation standard for new
				  permit-exempt withdrawals authorized under
				  RCW
				     90.44.050 is necessary to conserve available
				  water and protect instream resources.
(1) For the purposes of this chapter the
				conservation standard for permit-exempt withdrawals is defined as follows:
(a) Water use from a permit-exempt well must
				be consistent with Jefferson County or Clallam County code, as applicable, and
				other applicable laws, including the statute on permit exemptions,
				RCW
				   90.44.050, and this rule.
(b) A permit-exempt well serving an
				individual user shall not exceed a maximum of 500 gpd or an annual average more
				than 350 gpd, for all permit-exempt uses authorized under
				RCW
				   90.44.050.
(c) A well serving a group domestic system
				shall not exceed a maximum use of 500 gpd or an annual average more than 350
				gpd, for each residence, and shall not exceed a total use of 5,000 gpd for the
				group. The design and construction of group domestic systems must be consistent
				with applicable state department of health requirements and applicable
				Jefferson County or Clallam County requirements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-140 - Maximum future allocations for interruptible use

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology finds there may be water
				available in excess of instream flows at certain times of year, which may be
				appropriated for interruptible uses. This water is only available from the Big
				Quilcene River from November 16 to June 15 and from Chimacum Creek from
				December 1 to February 29.
(2) A
				person or entity seeking a new interruptible appropriation must provide
				assurances that any negative effects on surface water that may result from
				withdrawals will be limited to the above locations and times.
(3) In no case shall total cumulative
				appropriations exceed the allocation limit specified in Table 7 for each river.
				However, ecology may lower these allocation limits on a case-by-case basis,
				upon consultation with the state department of fish and wildlife and tribes,
				whenever more protection of habitat-forming functions is needed.
(4) Interruptible uses must not impair
				existing water rights and instream flows set in WAC
				173-517-090.
Table 7 Open Period and Allocation Limit
Water Source
Open Period
Allocation Limit in Cubic Feet Per Second
								(cfs) and Gallons Per Day (gpd)
Big Quilcene River
Open Period: November 16 to June 15
Allocation Limit: 15 cfs; 9.69 million gpd
Chimacum Creek
Open Period: December 1 to February 29
Allocation Limit: 3 cfs; 1.94 million gpd
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-140, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-160 - Accounting for use under the reserves

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology shall maintain a record of all
				appropriations from the reserves.
(2) For an appropriation under a permit,
				ecology will account for water use under the reserve based on authorized
				quantities under water right permits or certificates, and metering
				data.
(3) For permit-exempt
				groundwater appropriations from reserves other than Chimacum subbasin, ecology
				will deduct a standard amount of 250 gpd for each single domestic use. For a
				permit-exempt agricultural use, ecology will deduct 5,000 gpd for the Big
				Quilcene and Salmon Creek subbasins and 3,000 gpd for the Snow Creek subbasin.
				The amounts deducted from the reserves may be adjusted periodically by ecology,
				to reflect actual use during low flow conditions based on metering data or
				other measurements.
(4) For
				permit-exempt groundwater appropriations from the Chimacum reserve, ecology
				will deduct a standard amount of 13 gpd for each single domestic use.
(5) If a water user permanently ceases use of
				water, ecology may credit the water to the appropriate reserve, upon
				demonstration, through written certification, that the well or surface water
				diversion has been decommissioned.
(6) Ecology shall notify the county (or
				counties) with jurisdiction, and publish a public notice, when it determines
				that fifty percent, seventy-five percent, and one hundred percent,
				respectively, of a reserve is appropriated.
(7) If a new appropriation, located in a
				subbasin with a reserve, is fully offset through implementation of an approved
				mitigation plan as described in WAC
				173-517-030(12),
				then ecology will not deduct the amount of new water use from the
				reserve.
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-160, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-170 - Lakes and ponds

Current through Register Vol. 24-14, July 15, 2024
RCW
				     90.54.020(3)(a) requires, in
				  part, that the quality of the natural environment shall be protected, and where
				  possible, enhanced, and that lakes and ponds shall be retained substantially in
				  their natural condition.
Any withdrawal from a lake or pond in WRIA 17 requires a
				  water right permit from ecology, and must be consistent with the provisions of
				  this chapter.
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-170, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-180 - Measuring water use

Current through Register Vol. 24-14, July 15, 2024
Each future new appropriation of groundwater or surface
				  water, including permit-exempt well use, is required to install and maintain a
				  measuring device (water meter) meeting specifications provided by ecology. The
				  user must report to ecology, by December 31 of each year, meter readings
				  demonstrating water use for the previous water year, October 1 through
				  September 30, or as directed by ecology.
Statutory Authority:
					 Chapters
					 90.54, 90.22, 90.82,
					 90.03, and
					 90.44 RCW. 09-24-080 (Order 04-02),
					 § 173-517-180, filed 11/30/09, effective
					 12/31/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-200 - Future surface water withdrawals for environmental restoration

Current through Register Vol. 24-14, July 15, 2024
Ecology finds that the public interest advanced by future
				  withdrawals for environmental restoration projects (ERPs), as defined and
				  conditioned in this section, clearly overrides the minimal negative impacts on
				  instream flows.
(1) Ecology may
				approve a future withdrawal for an ERP only if it meets all the following:
(a) The proposed water use is for a bypass
				flow for salmonid habitat restoration, or for riparian planting, and the
				primary purpose of the project is restoration of salmonids;
(b) The proposed project will result in
				aquatic habitat benefits, and such benefits will exceed any detriment to
				aquatic habitat that may be caused by reductions in flow at specific locations
				and times of withdrawal; and
(c)
				The proposed use qualifies for a temporary permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-517 - Water resources management program for the Quilcene-Snow water resource inventory area (WRIA 17) › Part C - OWNED UTILITIES UNDER CHAPTER 80.8 › Section 173-517-210 - Out of subbasin water use

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology recognizes that rainfall
				patterns, and the rain shadow effect of the Olympic Mountains, affect water
				availability in WRIA 17. In addition, population growth patterns in WRIA 17
				have historically shown highest growth in areas with less rainfall. For these
				reasons, ecology recognizes that future water right applicants may request
				using water from one subbasin in a different subbasin, and that such out of
				subbasin water use may have lasting effects on the community. Such use may
				occur only if consistent with all applicable requirements of state and federal
				law.
(2) An applicant for a water
				right that includes out of subbasin water use shall:
(a) Provide the public an opportunity to
				review and comment on the proposed application. The applicant shall:
Advertise and convene a public meeting to explain the
				  proposal; and
Allow for public comment on the potential for the proposed
				  use to be harmful to the public interest.
(b) The applicant shall provide ecology a
				report which identifies:
Alternatives examined;
Any alternatives/modifications that the applicant has
				  rejected and why; and
Any alternatives/modifications that the applicant accepts
				  and, if relevant, have been made.
(c) The report in (b) of this subsection
				shall also summarize the comments received through the public meeting in (a) of
				this subsection on the potential for the proposed use to be harmful to the
				public interest.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-010 - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 This chapter applies to all surface and groundwaters within the Dungeness River
			 watershed of water resource inventory area (WRIA) 18, as defined in WAC
			 173-500-040, excluding the
			 Elwha-Morse watershed basin. The rule covers the area from the Morse-Bagley
			 watershed divide in the western portion of the basin, to the Bell-Johnson
			 watershed divide on the eastern portion of the basin (the WRIA boundary).
			 Please see WAC
			 173-518-140, Maps.
(2) The department of ecology (ecology)
			 adopts this chapter under the authority of the Watershed planning (chapter
			 90.82 RCW), Water Resources Act of 1971 (chapter
			 90.54 RCW), Water code
			 (chapter
			 90.03 RCW), Regulation of
			 public groundwaters (chapter 90.44
			 RCW), Minimum Water Flows and Levels Act (chapter 90.22 RCW), and Water
			 resource management (chapter 90.42 RCW); and in accordance with the
			 Administrative Procedure Act (chapter 34.05 RCW).
(3) This chapter applies to the use and
			 appropriation of surface and groundwater in the Dungeness River watershed begun
			 after the effective date of this chapter. Unless otherwise provided for in the
			 conditions of the water right in question, this chapter shall not affect:
(a) Existing surface and groundwater rights
			 established prior to adoption of the state surface water and groundwater codes,
			 or by water right permit issued under state law;
(b) Existing groundwater rights established
			 under the groundwater permit-exemption where regular beneficial use began
			 before the effective date of this chapter;
(c) The ability to serve water to a parcel
			 that is part of a group domestic use under the groundwater permit exemption,
			 provided the new use begins within five years of the date water was first
			 regularly and beneficially used by one or more parcels in the group, and the
			 group use remains within the limit of the groundwater permit exemption;
			 and
(d) Federal and tribal reserved
			 rights.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to manage water to better
				satisfy both present and future human needs; to retain natural surface water
				bodies in the Dungeness River watershed planning area with stream flows at
				levels necessary to protect instream values and resources; and to implement
				ecology's obligations under the Elwha Dungeness watershed plan. Instream
				resources include: Wildlife, fish, scenic, aesthetic, recreation, water
				quality, and other environmental values; navigational values; and stock water
				needs.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-020, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-050 - Closures

Current through Register Vol. 24-14, July 15, 2024
Surface water: Ecology determines that, based on
				recommendations in the watershed plan, historical and current low stream flows,
				and the need to protect existing water rights, water is not reliably available
				for new consumptive uses from the streams and tributaries in the Dungeness
				River watershed listed in Table III, with the exception of certain times of
				year in the Dungeness mainstem. Therefore, Bagley, Bell, Cassalery, Gierin,
				Matriotti, McDonald, Meadowbrook, and Siebert creeks, and unnamed tributaries
				to the Dungeness River, are closed year round. The Dungeness River mainstem is
				closed from July 15 until November 15 each year. Table III shows the closure
				periods and affected reaches. Exceptions to the surface water closures are
				provided in WAC
				173-518-070,
				173-518-080, and
				173-518-085.
Table III Surface Water Closures
Stream Management Unit Name
Affected Reach
Timing
Bagley Creek
From mouth to headwaters, including
							 tributaries.
All year
Bell Creek
From mouth to headwaters, including
							 tributaries.
All year
Cassalery Creek
From mouth to headwaters, including
							 tributaries.
All year
Dungeness Mainstem
From mouth to headwaters, including tributaries,
							 except Meadowbrook and Matriotti creeks.
From July 15 - November 15
Gierin Creek
From mouth to headwaters, including
							 tributaries.
All year
Matriotti Creek
From mouth to headwaters, including
							 tributaries.
All year
McDonald Creek
From mouth to headwaters, including
							 tributaries.
All year
Meadowbrook Creek
From mouth to headwaters, including
							 tributaries.
All year
Siebert Creek
From mouth to headwaters, including
							 tributaries.
All year
Unnamed tributaries to the Dungeness River
From mouth to headwaters.
All year
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-050, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-060 - Metering and reporting water use

Current through Register Vol. 24-14, July 15, 2024
All future new surface and groundwater appropriations, other
				than rainwater collection, shall measure withdrawals.
(1) Water meters must meet specifications
			 available through ecology.
(2)
			 Water meters must be read and reported in accordance with chapter 173-173 WAC
			 or as directed by ecology.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-060, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-070 - Future groundwater appropriations

Current through Register Vol. 24-14, July 15, 2024
All new groundwater appropriations must comply with the
				provisions of this chapter.
(1) Based
			 on the hydrogeology of the basin, ecology determines that surface water and
			 groundwater sources within the Dungeness watershed are hydraulically
			 connected.
(2) If connection to a
			 public water supply is not available in a timely and reasonable manner, then a
			 new withdrawal from another well is allowed. Written evidence that connection
			 is not available must be provided to ecology or the county before another well
			 may be used for a new withdrawal.
A new permit-exempt withdrawal may receive water from an
				existing group domestic water system operating under the groundwater permit
				exemption. The new withdrawal will be considered an additional and separate
				exemption.
(3) New
			 groundwater rights, including permit-exempt withdrawals under
			 RCW
			    90.44.050, may be obtained that are not
			 subject to the instream flows established in WAC
			 173-518-040 or to the closures
			 established in WAC
			 173-518-050 if all statutory
			 requirements are met and any of the following situations apply:
(a) A proposed use that would impact any
			 surface water sources listed in Table III is mitigated through an
			 ecology-approved mitigation plan, as defined in WAC
			 173-518-075.
(i) Water use may be mitigated through the
			 purchase of credits available through the Dungeness water exchange. The
			 exchange will identify methods and means of mitigation, including the use of
			 water resources management techniques and water banking authorized under
			 RCW
			    90.03.255 and chapter 90.42 RCW. The 2008
			 Dungeness Groundwater Flow Model (Pacific Groundwater Group, 2009) will be the
			 basis for determining credits for offsetting the consumptive use associated
			 with the proposed water use. At the time of rule adoption the 2008 Dungeness
			 Groundwater Flow Model represents the best available method for calculating
			 mitigation credits. If ecology determines a better method is available in the
			 future, then ecology will apply the new method. Drilling to the middle or deep
			 aquifer, where available, is encouraged.
(ii) As an alternative to acquiring
			 mitigation through the Dungeness water exchange, the proponent may choose to
			 submit a mitigation plan. Ecology must approve the mitigation plan prior to
			 plan implementation. If ecology determines that the mitigation is no longer
			 effective, the water use shall cease until an effective mitigation plan is put
			 in place.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-075 - Mitigation plans

Current through Register Vol. 24-14, July 15, 2024
The Dungeness water exchange and new water users choosing to
				mitigate must submit a mitigation plan to ecology to demonstrate how they will
				offset the impacts of their proposed consumptive use (see WAC
				173-518-070(3)(a)). The mitigation plan must receive ecology
				approval and be implemented before the proposed water use begins.
(1) The mitigation plan must:
(a) Ensure mitigation measures remain
			 effective as long as the water use occurs.
(b) Include affirmative measures to prevent
			 water provided for mitigation under the plan from being appropriated for any
			 other purpose or by another person or entity.
(c) Include a monitoring and reporting plan,
			 with a quality assurance/quality control plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-076 - Expedited processing

Current through Register Vol. 24-14, July 15, 2024
Ecology may give priority to the processing of an application
				for a change or transfer of an existing water right, a water budget neutral
				determination, or issuance of a water right permit if the application or
				request is expected to:
(1) Fully
			 offset impacts to surface water;
(2) Benefit stream flows; or
(3) Otherwise substantially enhance or
			 protect the quality of the natural environment.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-076, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-080 - Reserves of water for domestic use

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology has weighed the public interest
			 supported by providing a limited amount of water for domestic water supply
			 against the potential for negative impact to instream resources. Ecology finds
			 that the public interest advanced by these limited reserves clearly overrides
			 the potential for negative impacts on instream resources. (RCW
			    90.54.020(3)(a).)
Based on this finding, ecology hereby reserves specific
				quantities of groundwater for future domestic supply only. These reserves of
				water are not subject to the instream flows established in WAC
				173-518-040 or closures
				established in WAC
				173-518-050.
Consumptive water use that would impact surface water sources
				listed in Table III must be mitigated in accordance with this chapter. Reserves
				shall be debited when mitigation water is not available. Table IV shows the
				reserve quantities for each subbasin management unit.
Table IV Reserved Quantities
Subbasin Management Unit
Cubic Feet Per Second
Gallons Per Day
Bagley Creek
0.01
6,463
Bell Creek
0.0023
1,486
Cassalery Creek
0.0013
840
Dungeness River and Matriotti Creek
0.76
491,201
Gierin Creek
0.0109
7,045
McDonald Creek
0.003
1,939
Meadowbrook Creek
0.026
16,804
Siebert Creek
0.022
14,219
(2)
			 Conditions for use of the groundwater reserves are as follows:
(a) Access to the reserves shall be only for
			 the purpose of domestic water use as defined under WAC
			 173-518-030.
(b) Water use shall meet all applicable local
			 or state conservation standards and be consistent with the watershed
			 plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-085 - Maximum depletion amounts

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 unmitigated impacts from the consumptive use of water from the reserves and
			 impacts from implementation of ecology approved mitigation plans shall be
			 debited against the maximum depletion amount for each affected
			 subbasin.
(2) The maximum depletion
			 amounts shall not be exceeded.
(3)
			 No new use that would result in impacts to closed surface waters exceeding the
			 maximum depletion amounts during the critical period shall be allowed. If the
			 cumulative impact calculated for a subbasin exceeds the maximum depletion
			 amount, additional mitigation must be achieved before new uses impacting that
			 subbasin can be authorized.
(4)
			 Ecology shall maintain a record of all appropriations that result in deductions
			 against the maximum depletion amounts. Ecology will account for water use from
			 the maximum depletion amounts by debiting the calculated impact to each closed
			 surface water. The impacts to surface water are calculated as a percentage of
			 the consumptive portion of estimated or measured water use. The deductions from
			 the maximum depletion amounts will be determined after consideration of any
			 implemented mitigation.
(a) For parcels served
			 by an individual or community septic system, ten percent of indoor water use is
			 assumed consumptive.
(b) For
			 parcels served by a sanitary sewer system, one hundred percent of indoor water
			 use is assumed consumptive.
(c)
			 Ninety percent of outdoor water use is assumed to be consumptive.
(d) Impacts to the closed surface waters
			 listed in Table III will be calculated using the 2008 Dungeness Groundwater
			 Flow Model (Pacific Groundwater Group, 2009), unless, in the future, ecology
			 determines a better method is available.
(e) The amounts deducted against the maximum
			 depletion amounts may be adjusted periodically by ecology, to reflect actual
			 use based on the best information available.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-090 - Future maximum allocation from the Dungeness River mainstem

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Ecology determines that there are certain
			 times of the year when there are stream flows in the Dungeness River mainstem
			 above the instream flows, which provide critical ecological functions such as
			 channel and riparian zone maintenance, sediment flushing, and fish migration.
			 To protect the frequency and duration of these higher flows, this chapter
			 limits the total amount of water available for withdrawal from the Dungeness
			 River mainstem by setting maximum allocations from November 16 - July
			 14.
(b) Maximum allocations are
			 established in Table VI for use in reviewing applications for interruptible
			 water rights during times when stream flows exceed the instream flows for the
			 Dungeness River mainstem from November 16 - July 14. Cumulative allocations
			 must not exceed the numbers listed in Table VI, and must not impair instream
			 flows.
Table VI Maximum Allocations on the Dungeness River
				Mainstem (cubic feet per second)
January
25
February
25
March
25
April
25
May
35
June
35
July 1 - 14
35
July 15 - 31
0
August
0
September
0
October
0
November 1 - 15
0
November 16 - 30
25
December
25
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-095 - Storage projects

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Notwithstanding other provisions of this chapter, ecology, after consultation
			 with Tribes, Clallam County, Washington department of fish and wildlife, and
			 NOAA fisheries may, on a case-by-case basis, authorize storage projects for
			 environmental enhancement and other beneficial uses consistent with the
			 Elwha-Dungeness watershed plan. Such decisions shall consider the
			 following:
. The management objectives of the storage project;
. The effect of the project on salmonids;
. The effect of the project on ecological functions provided by
				high stream flows;
. The cumulative effects of all such projects weighed against
				the public benefit the stored water would provide.
(2) The application for the storage project
			 must include a monitoring and adaptive management component and show the
			 ability to implement such a program. All other applicable permits must be
			 obtained.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-095, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-100 - Lakes and ponds

Current through Register Vol. 24-14, July 15, 2024
RCW
				   90.54.020(3)(a) requires, in
				part, that the quality of the natural environment shall be protected, and where
				possible, enhanced; and lakes, ponds, and other small bodies of water shall be
				retained substantially in their natural condition. Future withdrawals must be
				consistent with this requirement.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-100, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-110 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 accordance with
			 RCW
			    90.03.605, in order to obtain compliance with
			 this chapter, ecology shall prepare and make available to the public technical
			 and educational information, including the implementation plan, regarding the
			 scope and requirements of this chapter. This is intended to assist the public
			 in complying with the requirements of their water rights and applicable water
			 laws.
(2) When ecology determines
			 that a violation has occurred, it shall:
(a)
			 First attempt to achieve voluntary compliance, except in egregious cases
			 involving potential harm to other water rights or to the environment. An
			 approach to achieving this is to offer information and technical assistance to
			 the person, in writing, identifying one or more means to accomplish the
			 person's purposes within the framework of the law.
(b) If education and technical assistance do
			 not achieve compliance, ecology shall issue a notice of violation, a formal
			 administrative order under
			 RCW
			    43.27A.190, or assess civil penalties under
			 RCW
			    90.03.600.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-120 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology,
			 after consultation with local, tribal, and state governments, may initiate a
			 review, and if necessary amend this rule under
			 chapter
			 34.05 RCW, if significant
			 new information becomes available.
(2) If flow in the Dungeness River,
			 calculated at river mile 4.2, attains an average daily flow of 105 cfs during
			 the thirty-day critical period for eight out of ten consecutive years, then
			 ecology will assess whether new instream flow or other technical studies are
			 warranted for the Dungeness River.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-120, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-130 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of ecology pertaining to water
				right permits, regulatory orders, and related water right decisions made
				pursuant to this chapter are subject to appeal to the pollution control
				hearings board in accordance with chapter 43.21B RCW.
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-130, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-518 - Water resources management program for the dungeness portion of the Elwha-Dungeness water resource inventory area (WRIA) 18 › Section 173-518-140 - Map

Current through Register Vol. 24-14, July 15, 2024
Click to view
							 image
Statutory Authority:
				  Chapters
				  90.54, 90.22, 90.82,
				  90.03, 90.42, and
				  90.44 RCW. 12-23-054 (Order 07-17),
				  § 173-518-140, filed 11/16/12, effective
				  1/2/13.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules, including any subsequent additions and amendments,
				apply to waters within and contributing to the Chehalis River basin, WRIA-22
				and 23 (see WAC
				173-500-040). Chapter 173-500
				WAC, the general rules of the department of ecology for the implementation of
				the comprehensive water resources program, applies to this chapter 173-522
				WAC.
Order 75-31, § 173-522-010, filed
				  3/10/76.