Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-110 - What is involved in the examination of an application before a board?

Current through Register Vol. 24-14, July 15, 2024
(1) Boards shall
			 base their records of decision and reports of examination regarding a transfer
			 application on applicable state laws and regulations. In addition to specific
			 water law, boards must also consult and consider other relevant state laws,
			 including, but not limited to, the Growth Management Act (chapter 36.70A RCW).
(2) Generally, a board should conduct a field
			 examination of the site(s) identified in the transfer application, and clarify
			 any unclear information by contacting and discussing the information with the
			 applicant or other appropriate persons.
(3) All relevant information must be
			 identified, discussed, and considered in the board's examination. This may
			 include the need for a board to collect pertinent detailed hydrological or
			 hydrogeological information regarding the site(s) involved in the proposal. Any
			 person providing an engineering, hydrologic, geologic and/or hydrogeological
			 analysis on behalf of an applicant with an application before a board must be
			 licensed in accordance with
			 chapter
			 18.43 or 18.220 RCW, as
			 applicable. The analysis must be certified by the individual's professional
			 stamp.
(4) A board may require an
			 applicant to provide additional information at the applicant's expense, if that
			 information is necessary to render an adequately informed record of decision on
			 an application.
How are comments and protests considered during the
				examination of the water right transfer application?
(5) Boards may also request that commenters
			 or protestors provide additional information regarding their comments if such
			 information is necessary to render an adequately informed record of decision on
			 an application. Boards may also discuss the concerns raised in comments and
			 protests with the persons who filed them.
(6) Boards must consider all comments and
			 protests received about a pending application, whether or not additional
			 information is provided by the protestor or commenter.
(7) Ecology, as is the case with any public
			 agency, may provide formal written or oral comments regarding the application
			 under discussion at a public meeting of the board. However, if ecology does
			 provide formal comments in the context of a public meeting, the comments shall
			 not be taken as giving either technical assistance or direction to the board,
			 any more than any other comments would be so considered.
What other entities should be consulted when a board
				examines an application?
(8) When public interest applies to the
			 application evaluation or when there may be existing rights that could be
			 impaired, boards shall determine whether an Indian tribe, watershed planning
			 unit, or other governmental body is directly involved in planning or water
			 management related to the source of water that would be affected by the
			 application. If this is found to be the case, the board should consult the
			 tribe, watershed planning unit, or other governmental body in the board's
			 effort to obtain information concerning the application.
What other information must a board consider in its
				examination of the application?
(9) Boards must evaluate an application,
			 including all information obtained by the board that is associated with the
			 application, and determine whether or not the transfer as proposed is in
			 accordance with applicable state laws and regulations. The board must also make
			 a tentative determination as to the extent and validity of the water right
			 proposed to be transferred, as well as whether the transfer can be made without
			 injury or detriment to existing rights. The board must evaluate a transfer
			 proposal pursuant to
			 RCW
			 90.44.100 as to whether the proposed transfer
			 is detrimental to the public interest. Public interest shall not be considered
			 when deciding whether to grant an application for change pursuant to
			 RCW
			 90.03.380 exclusively.
(10) Boards shall ensure that the
			 requirements of the State Environmental Policy Act (SEPA),
			 chapter
			 43.21C RCW, and the SEPA
			 rules, chapter 197-11 WAC, have been met before finalizing a record of
			 decision. If a board concludes it is appropriate under WAC
			 197-11-922 through
			 197-11-944, the board may be the
			 lead agency for SEPA compliance.
(11) A board shall consult with ecology if it
			 encounters new, unusual, or controversial issues in the course of examining an
			 application. Ecology will provide assistance as to how to proceed in accordance
			 with existing state laws, rules, and current ecology policies and
			 administrative practices.
(12) When
			 a board receives an application to transfer a water right that is located in an
			 area subject to an ongoing general water rights adjudication process, the board
			 shall consult with ecology prior to taking any action on the application.
			 Ecology will seek guidance from the pertinent superior court regarding the
			 court's role in administering the water rights that are subject to the
			 adjudication. Ecology shall then advise the board on whether and how the board
			 may process applications.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-110, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-110, filed 11/17/99,
				  effective 12/18/99.