reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-120

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-120, filed 1/17/91, effective
				  2/17/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-130 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology made
				pursuant to this chapter shall be subject to review by the pollution control
				hearings board in accordance with the provisions of chapter 43.21B
				RCW.
Statutory Authority:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-130, filed 1/17/91, effective
				  2/17/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-140 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology will 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:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-140, filed 1/17/91, effective
				  2/17/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish requirements for
				the grant and loan program covering rehabilitation, improvement, and
				construction of agricultural water supply facilities pursuant to Referendum 38,
				chapter 43.99E RCW. The department shall provide grants and loans to applicants
				for water supply facilities for agricultural use alone or in combination with
				fishery, recreational, or other beneficial uses of water. In this regard, an
				objective of providing state assistance to public bodies engaged in irrigation
				shall be to assist those entities in improving their efficiency of water use
				beyond current levels.
Note:
All statutes, rules, or regulations cited in this
							 chapter are available for review at Department of Ecology, P.O. Box 47600
							 Olympia, WA 98504-7600.
Statutory Authority: Chapter 43.99E RCW, Referendum 38, and
				  RCW
				  90.54.040. 03-07-104 (Order 02-11), §
				  173-170-010, filed 3/19/03, effective 4/19/03. Statutory Authority:
				  RCW
				  43.17.060. 90-20-109, § 173-170-010,
				  filed 10/2/90, effective 11/2/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Department"
			 means the Washington state department of ecology.
(2) "Agreement" means a binding legal
			 document containing all applicable terms and conditions pertaining to loans
			 and/or grants entered into under Referendum 38 which is signed by the program
			 manager for the department's water resources program and by the duly authorized
			 official of the applicant.
(3)
			 "Agricultural water supply facility" means a water supply and distribution
			 system used for agricultural purposes and owned or operated by a public body,
			 including but not limited to all equipment, utilities, structures, real
			 property, and interests in and improvements on real property necessary for or
			 incidental to the acquisition, construction, installation, or use of any such
			 water supply or distribution system.
(4) "Applicant" means the public body making
			 a request for financial assistance under Referendum 38.
(5) "Class A project" means a construction
			 element associated with an agricultural water supply facility which:
(a) Results in improved water use efficiency
			 and/or quantitative water savings as determined by the department;
			 and
(b) Is one or more of the
			 following: (i) Canal and lateral linings; (ii) piped conveyance and
			 distribution system; (iii) consolidation and/or realignment of delivery
			 systems; (iv) flow measuring devices, e.g., flow control devices; (v) entire
			 structures/regulating structures (which are new or replace obsolete ones)
			 including: (A) Checks, (B) checkdrops, (C) siphons, (D) turnouts, (E) flumes,
			 (F) reregulation reservoirs; (vi) multiple use water storage dams and
			 reservoirs; (vii) automation with central control of regulating structures
			 including on-off control of pumping plants in canals and laterals; (viii) new
			 booster pumps for pressurized systems; (ix) project pumping plants;
(c) In the event there are technological
			 advances that increase water use efficiency and/or result in significant water
			 savings that are not described in (a) of this subsection, such project
			 element(s) will be evaluated as a Class A project by the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-030 - Application process - Planning phase

Current through Register Vol. 24-14, July 15, 2024
(1) Requests for financial assistance for the
			 planning phase shall be submitted to the department between November 1 of any
			 year and the last day of February of the following year.
(2) The applicant shall submit an application
			 form with the following minimum information:
(a) Who shall prepare the comprehensive
			 plan;
(b) A projected completion
			 date for the comprehensive plan;
(c) A United States Geological Survey
			 Quadrangle or comparable map of the area to be covered by the comprehensive
			 plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-040 - Comprehensive water conservation plan - Contents - Funding

Current through Register Vol. 24-14, July 15, 2024
The comprehensive water conservation plan, which is the
				ultimate work product due at the end of the planning phase, will address and
				provide information on the following topics for the geographical area indicated
				in the request for financial assistance:
Applicant Organization
(1) Applicant's statutory authority; history
			 of organization management; assessment authority; and operation procedures and
			 management policies.
Land Base and Land Use
(2) Layout map showing:
(a) Boundaries of the applicant's
			 jurisdiction and service area;
(b)
			 Location of: (i) The lands which are assessed by the applicant, and (ii) those
			 lands to which water is delivered in accordance with the water rights or water
			 right claims or otherwise;
(c) Land
			 use information including total acres irrigated over a representative
			 historical period and cropping patterns for each year of a recent five-year
			 period.
Water Supply, Use, and Rights
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-050 - Planning phase - Funding

Current through Register Vol. 24-14, July 15, 2024
(1) As
			 available and awarded, financial assistance for the planning phase will be
			 provided in the form of:
(a) Grants in the
			 amount of fifty percent of the total eligible phase costs; and
(b) Concurrent loans in the amount of forty
			 percent of the total eligible phase costs.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-060 - Application process - Implementation phase

Current through Register Vol. 24-14, July 15, 2024
(1) Requests for financial assistance for the
			 implementation phase shall be submitted to the department between November 1 of
			 any year and the last day of February of the following year.
(2) The applicant will submit two
			 preapplication forms to the nearest local clearinghouse; one for the department
			 and one for planning and community affairs. These forms are available from
			 either the department or the clearinghouse.
(3) The applicant shall accompany the request
			 for financial assistance with a copy of the completed comprehensive water
			 conservation plan as approved by the department indicating which part(s) of the
			 plan the proposed project fits under and the location of the proposed project
			 on a United States Geological Survey Quadrangle map or any other comparable and
			 readily available map.
(4) Within
			 ninety days of receipt of the request for financial assistance, the department
			 will notify the applicant of its preliminary findings regarding eligibility as
			 to organization, type of project, purpose(s) of project, and conformance with
			 the objectives of Referendum 38. In all cases the department shall make its
			 final selection of funded projects and notify the applicant no later than May
			 31 of the year following the close of the current application period.
(5) Requests for loan funding must be
			 accompanied by a resolution executed by the applicant's governing body that
			 they will follow the procedures for indebtedness in
			 chapter
			 87.03 RCW and establish a
			 reserve account into which funds will be deposited in an amount adequate to
			 provide coverage for principal and interest payments due under the loan
			 agreement, whenever circumstances beyond the applicant's control preclude
			 payments from standard sources.
Statutory Authority:
				  RCW
				  43.17.060. 90-20-109, § 173-170-060,
				  filed 10/2/90, effective 11/2/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-070 - Criteria for approval of requests for financial assistance - Implementation phase

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 implementation phase project(s) must be included in a comprehensive water
			 conservation plan approved by the department.
(2) The agricultural water supply facilities
			 must be designed to accomplish the purpose of the planned project. Accepted
			 engineering design principles, criteria, and concepts will be used in the
			 design of the facilities and approved by the department. Cost estimates for the
			 proposed project must be prepared in detail. Plans and specifications must be
			 approved by the department prior to advertising for construction
			 bids.
(3) The State Environmental
			 Policy Act (SEPA) requirements for any proposed actions must be met. The SEPA
			 rules, chapter 197-11 WAC, will be followed to determine the environmental
			 impacts of the proposed project. A copy of the final SEPA document and any
			 needed supporting environmental analysis must be submitted to the
			 department.
(4) Documentation
			 showing all lands and land rights required for satisfactory construction,
			 operation, and maintenance of the project have been or can be
			 acquired.
(5) The project will not
			 be in conflict with any applicable federal, state, and local laws, orders,
			 regulations, rules, licenses, and permits.
Statutory Authority: Chapter 43.99E RCW, Referendum 38, and
				  RCW
				  90.54.040. 03-07-104 (Order 02-11), §
				  173-170-070, filed 3/19/03, effective 4/19/03. Statutory Authority:
				  RCW
				  43.17.060. 90-20-109, § 173-170-070,
				  filed 10/2/90, effective 11/2/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-080 - Implementation phase - Funding

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Implementation phase projects will be categorized by the department as Class A
			 projects or Class B projects in accordance with the definitions for those terms
			 under WAC
			 173-170-020(5) and
			 (6).
(2) As funds are available and awarded,
			 financial assistance for Class A projects subject to a completed comprehensive
			 water conservation plan shall be provided in the form of:
(a) Grants in the amount of thirty percent of
			 the total eligible project costs; and
(b) Concurrent loans in the amount of sixty
			 percent of the total eligible project costs.
(c) The department may issue an additional
			 portion of the funding in grants for projects with significant public
			 benefit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-090 - Emergency projects - Applications - Designation - Funding

Current through Register Vol. 24-14, July 15, 2024
(1) Applications
			 for emergency projects may be accepted at any time throughout the year. The
			 application shall indicate:
(a) The nature of
			 the occurrence that caused the need for repairs;
(b) The location of needed repairs;
(c) A project description of the repairs;
			 and
(d) A summary of how the
			 repairs fit within the long-range improvements addressed in the comprehensive
			 water conservation plan.
If the comprehensive water conservation plan has not been
				completed, a summary of how the repairs fit within proposed long-range
				improvements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-100 - Yakima River Basin Water Enhancement Project - Funding

Current through Register Vol. 24-14, July 15, 2024
(1) The Yakima
			 River Basin Water Enhancement Project (YRBWEP) may be provided state funding by
			 agreement with the department, to the extent that moneys are
			 available.
(2) Funds provided under
			 this section for YRBWEP shall be exempt from WAC
			 173-170-080.
Statutory Authority: Chapter 43.99E RCW, Referendum 38, and
				  RCW
				  90.54.040. 03-07-104 (Order 02-11), §
				  173-170-100, filed 3/19/03, effective 4/19/03. Statutory Authority:
				  RCW
				  43.17.060. 90-20-109, § 173-170-100,
				  filed 10/2/90, effective 11/2/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-110 - Fisheries and recreational facilities - Funding

Current through Register Vol. 24-14, July 15, 2024
(1) A fisheries or recreational facility
			 element is the part of an implementation project that provides public benefits
			 through concomitant use of water within an agricultural water supply facility.
			 Specific elements are defined in WAC
			 173-170-020(9) and
			 (16).
(2) Financial assistance for the fisheries
			 and/or recreational element shall be available as grants in the amount of
			 seventy-five percent of the fisheries and/or recreational element's total
			 eligible costs.
(3) Financial
			 assistance for a fisheries and/or recreational element may not exceed five
			 hundred twenty-five thousand dollars for any one applicant, which sum is not
			 part of the cap on funding for the implementation phase, contained in WAC
			 173-170-080(5).
Statutory Authority:
				  RCW
				  43.17.060. 90-20-109, § 173-170-110,
				  filed 10/2/90, effective 11/2/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-170 - Agricultural water supply facilities › Section 173-170-120 - Supplemental guidelines

Current through Register Vol. 24-14, July 15, 2024
The department will publish guidelines which will describe in
				greater detail the financial assistance application, application review and
				funding issuance processes, the terms of financial assistance, and other
				elements of this program. These guidelines will also describe recommended
				methodologies for the completion of the comprehensive water conservation
				plan.
Statutory Authority:
				  RCW
				  43.17.060. 90-20-109, § 173-170-120,
				  filed 10/2/90, effective 11/2/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-010 - What is the purpose of this rule?

Current through Register Vol. 24-14, July 15, 2024
(1) This rule establishes standards of
			 acceptability for measuring devices and methods, and requirements for recording
			 and reporting water use data.
(2)
			 All measuring devices or measuring methods required to be installed under this
			 chapter must conform to requirements for measuring devices and methods
			 described in this chapter, or other method(s) approved by the
			 department.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-010, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-015 - What are the goals of this rule?

Current through Register Vol. 24-14, July 15, 2024
(1) The department seeks to ensure the
			 reliable, accurate measurement of state water that is diverted, withdrawn,
			 stored and used so that sound decisions may be made in administering state
			 water laws and regulations.
(2) The
			 department has the following specific goals for the enforcement of water
			 measurement and the reporting of measurement data:
(a) Determining whether water is available
			 for appropriation;
(b) Assessing
			 and enforcing water rights compliance;
(c) Understanding the hydrology of surface
			 and groundwaters;
(d) Protecting
			 instream resources;
(e) Managing
			 and planning the state's watersheds;
(f) Informing water users about how much and
			 when water is used.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-020 - What is the authority for this rule?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			 90.03.360 directs the department of ecology
			 to require that diversions allowed by all new surface water permits be either
			 metered or measured by other approved methods.
(2)RCW
			 90.03.360 also directs the department to
			 require metering or measurement by other approved methods as a condition for
			 all previously existing water rights or claims if:
(a) The diversion or withdrawal is from
			 waters in which the salmonid stock status is depressed or critical, as
			 determined by the Washington department of fish and wildlife; or
(b) The flow rate of the surface water
			 diversion exceeds one cubic foot per second.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-040 - To whom does this rule apply?

Current through Register Vol. 24-14, July 15, 2024
The requirements of this chapter apply to the owner or owners
				of any source water diversion or source withdrawal and to the
				department.
(1) Any owner or owners of
			 any surface water diversion are required by state law (RCW
			 90.03.360 ) to measure and regulate their
			 water use.
(2) The department must
			 enforce the requirement to measure water use for the following types of water
			 use:
(a) All new surface water
			 permits;
(b) New and existing
			 surface water rights where the diversion of any volume of water is from waters
			 containing depressed or critical salmonid stock;
(c) New and existing groundwater rights where
			 the department concludes that the withdrawal of any volume of water may affect
			 surface waters containing depressed or critical salmonid stock;
(d) Existing surface water rights where the
			 diversion volume exceeds one cubic foot per second.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-045 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Approved
			 measuring device" means an instrument or facility constructed and operated in
			 conformance with the requirements of this chapter and that measures the volume
			 or flow rate of water which is diverted, withdrawn, stored, or used.
(2) "Approved measuring method" means a
			 procedure approved by the department, which, when used with an approved
			 measuring device (if applicable), will allow for an accurate computation of
			 flow rate.
(3) "Control" means a
			 feature that determines the stage-discharge relation. This feature may be a
			 natural constriction of the channel, an artificial structure, or a uniform
			 cross section over a long reach of the channel.
(4) "Cfs" means cubic feet per
			 second.
(5) "Controlling work"
			 means a device or structure used for diverting, withdrawing, pumping,
			 impounding, storing, measuring, piping, conserving, conveying, confining or
			 using water.
(6) "Department" means
			 the department of ecology.
(7)
			 "Diversion" means to divert water from one course to another. Diversion, when
			 used without qualification, includes the diversion of surface water and the
			 withdrawal of groundwater.
(8)
			 "Flow rate" means the volume of water that passes through a specific cross
			 section of a pipe or open channel in a specified period of time.
(9) "Gpm" means gallons per minute.
(10) "Open channel flow" means water moving
			 though a canal, flume, ditch, or other unenclosed conduit, and may include flow
			 in a pipe if the pipe is not full and is not under pressure.
(11) "Pipeflow" means water moving through a
			 closed conduit under pressure.
(12)
			 "Rated section" means a cross-section of a stream, river or ditch where a
			 unique relationship between the stage and flow rate has been
			 determined.
(13) "Rating curve"
			 means the relationship between stage and flow rate in a rated stream
			 section.
(14) "Responsible party"
			 means an owner, owners, manager, or appropriator required by
			 RCW
			 90.03.360,
			 90.44.050,
			 90.44.250 and
			 90.44.450, or by a permit, rule,
			 or order issued pursuant to these laws, to use a measuring device or method
			 approved by the department.
(15)
			 "Stage" means the elevation of a water surface in relation to a datum or
			 reference point.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-045, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-050 - What water use information may the department require regarding my water use?

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department may require any responsible party to report data describing the
			 volume of water diverted, withdrawn, used or stored, and other related
			 information.
(2) If a responsible
			 party is required to report information regarding water use, the report must be
			 submitted on a form or in a format prescribed by the department and must
			 include such information as requested by the department. The department may
			 require that the information be submitted in writing or electronically. This
			 information may include, but is not limited to, the following:
(a) The name, address and telephone number of
			 the responsible party;
(b) The
			 location of the point(s) of diversion or withdrawal, the place(s) of use and
			 metering site(s);
(c) The county
			 parcel identification number for the point(s) of diversion or withdrawal, and
			 place(s) of use or area served by the diversion or withdrawal, except that
			 municipalities, public water supply systems and irrigation districts shall not
			 be required to provide parcel identification numbers for their customers,
			 members and secondary users.
(d)
			 The water right number(s) or claim number(s) or other information that
			 indicates the legal basis for the diversion or withdrawal;
(e) The volume and/or flow rate of water
			 diverted or withdrawn;
(f) The
			 make, model and serial number of the measuring device(s) and any separable
			 counting units;
(g) The date the
			 device was last calibrated;
(h) Any
			 date(s) during which the meter or measuring device was not functioning
			 properly;
(i) For flow rate data
			 based upon power consumption, electrical records, pump test data, or other data
			 necessary to verify flow rate estimates;
(j) Whether the intake structure for the
			 diversion has a screen or screens installed to prevent the entry of fish into
			 the diversion works or pump facilities;
(k) The water source name;
(l) For public water systems, the public
			 water system identification number and source number assigned by the department
			 of health.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-060 - If I must report data regarding my water use, how shall I report it?

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 requirements to measure and report water use, when the department so requires,
			 shall apply to responsible parties who divert or withdraw water.
Recording and Reporting
							 Requirements
Average diversion rate in gallons per
							 minute
<10 gpm
10-49 gpm
>50 gpm
Recording frequency
Monthly
Biweekly
Weekly
Volume or rate to report
Maximum rate of diversion
Maximum rate of diversion
Maximum rate of diversion
Annual total volume
Annual total volume
Annual total volume
Date data must be reported to
							 department
By Jan. 31 of the following calendar year
By Jan. 31 of the following calendar year
By Jan. 31 of the following calendar year
Monthly means calendar month
Weekly means Monday 12:01 a.m. to Sunday 12:00
							 p.m.
Biweekly means once every two weeks
Daily means 12:01 a.m. to 12:00 p.m.
1 gallon per minute is equivalent to .002 cubic feet
							 per second
(2)
			 Where a device capable of indicating flow rate is not installed, a responsible
			 party may determine the maximum flow rate by measuring the volume of water that
			 is diverted over a brief time period when the system is operating under maximum
			 demand.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-060, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-080 - Can the department modify the reporting requirements on a case-by-case basis?

Current through Register Vol. 24-14, July 15, 2024
(1) Yes. The
			 department may modify the reporting requirements in WAC
			 173-173-060 of this chapter if it
			 concludes that different reporting requirements are necessary to meet the water
			 measurement and reporting goals described in WAC
			 173-173-015.
(2) The department will provide a written
			 justification and notification to the responsible party.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-080, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-090 - What are the general requirements for measuring devices?

Current through Register Vol. 24-14, July 15, 2024
(1) No withdrawal
			 or diversion of water shall be made unless the measuring devices and facilities
			 are in proper operating condition, except when:
(a) A measuring device or facility is being
			 repaired according to the requirements of subsection (2) or (3) of this
			 section; and
(b) The responsible
			 party uses a substitute measuring device or other method to measure the
			 diversion or withdrawal or to provide a reasonable estimate thereof.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-100 - What are the specific requirements for meters for pressure systems?

Current through Register Vol. 24-14, July 15, 2024
(1) At any flow
			 rate measured by the meter, the meter itself shall be rated by the manufacturer
			 to register not less than ninety-five percent, nor more than one hundred five
			 percent, of the water actually passing through the meter.
(2) At any flow rate measured by the
			 measuring system; i.e., meter plus any secondary equipment such as data
			 recorders; the system shall register not less than ninety percent, nor more
			 than one hundred ten percent, of the water actually passing through the
			 system.
(3) The meter shall have a
			 visual totalizer or the facility shall be capable of totalizing the flow. The
			 totalizer shall contain sufficient recording digits to ensure that "roll over"
			 to zero does not occur before the next recording period.
(4) The department may require that the
			 measuring device be capable of indicating flow rate as well as totalized
			 flow.
(5) For other conditions
			 necessary to ensure accurate and precise measurement data, the selection,
			 installation and maintenance of measuring devices by water users shall be
			 guided by generally accepted industry standards, such as the American Water
			 Works Association standards and information from the manufacturer. These
			 standards also shall be used by the department in making decisions as to the
			 appropriate selection, installation, operation and maintenance of measuring
			 devices acceptable under this rule.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-100, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-110 - What are the installation requirements for meters on pressure systems?

Current through Register Vol. 24-14, July 15, 2024
Meters required under this rule shall meet the following
				installation requirements:
(1) The
			 meter shall be installed in accordance with manufacturer
			 specifications.
(2) There shall be
			 a full pipe of water at all times when water is being withdrawn.
(3) The meter shall not be installed in a
			 manner that creates an uneven velocity profile. Straight sections of pipe
			 before and after the meter, straightening vanes or other flow conditioning
			 devices shall be used to provide even flow through the meter as
			 necessary.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-110, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-120 - What are the operation and maintenance requirements for meters on pressure systems?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Meters shall be inspected and maintained as specified by the
			 manufacturer.
(2) Meters shall be
			 field or shop calibrated, as specified by the manufacturer. Meters also shall
			 be field or shop calibrated and/or repaired if they are over or under
			 registering. System diagnostics may substitute for physical calibration of
			 nonmechanical meters.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-120, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-130 - What are the specific requirements for measuring systems on open channels?

Current through Register Vol. 24-14, July 15, 2024
The following requirements apply to weirs, flumes, ramps and
				orifices. For other devices, the department will determine specific
				requirements on a case-by-case basis.
(1) At any flow rate measured by the
			 measuring system, i.e., the measuring device plus any secondary equipment such
			 as data recorders, the system shall register not less than ninety percent, nor
			 more than one hundred ten percent, of the water actually passing through the
			 system.
(2) In determining a
			 stage-discharge relation for these devices, the distribution of open channel
			 flow measurements shall be sufficient to establish a full range of values for
			 the entire stage-discharge relation.
(3) For other conditions necessary to ensure
			 accurate and precise data, generally accepted industry standards, such as those
			 in the U.S. Bureau of Reclamation "
Water Measurement Manual, Third
			 Edition
" and information from the manufacturer or designer, shall
			 guide the selection, installation, and maintenance of measuring devices and
			 facilities by water users. The department also shall use these standards in
			 evaluating the selection, installation, operation and maintenance of the
			 measuring system.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-130, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-140 - What are the installation requirements for open channel measuring systems?

Current through Register Vol. 24-14, July 15, 2024
The measuring facility shall be installed or constructed in
				accordance with the manufacturer's and/or designer's
				specifications.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-140, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-150 - What are the operation and maintenance requirements for open channel measuring facilities?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Rating curves shall be recalculated when there is a change in channel
			 conditions that significantly alters flow across the control or once a year,
			 whichever is more frequent.
(2) If
			 the measuring system has no continuous stage recorder, an observer shall read
			 the staff gage and record the reading as close in time as is practical before
			 and after changes in regulation of flow occur.
(3) Measuring facilities shall be operated
			 and maintained to ensure that discharge can be measured accurately.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-150, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-160 - Under what conditions is the use of power consumption data acceptable to the department?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Use of power consumption data may be substituted for more direct flow
			 measurement methods, provided:
(a) Use of the
			 method is approved in writing by the department;
(b) Installation of a water meter would be
			 unduly burdensome to the water user;
(c) The water system maintains a constant or
			 near constant pumping or diversion rate;
(d) The power meter is dedicated to one
			 diversion or withdrawal;
(e) A pump
			 test is conducted for a minimum duration of two hours and is conducted under
			 normal operating conditions;
(f)
			 The diversion or withdrawal is not a flowing artesian well.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-170 - What alternative water measuring devices and methods can I use?

Current through Register Vol. 24-14, July 15, 2024
Any responsible party may use an alternative water measuring
				device or method that differs from those described in this chapter, if:
(1) The method is approved in writing in
			 advance by the department; and
(2)
			 The device(s) and installation are certified by a registered professional
			 engineer or other qualified person acceptable to the department to:
(a) Measure all flow diverted or withdrawn in
			 accordance with the pipeflow or open channel accuracy requirements in WAC
			 173-173-100(2) 
			 and 173-173-130(1);
(b) Measure the appropriate volumes and flow
			 rates in WAC
			 173-173-060;
(c) Be installed and operated according to
			 the manufacturer's and/or designer's instructions, and other such conditions as
			 the department may find necessary.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-175 - May I request a variance from the technical and reporting requirements contained in this chapter?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Yes. Any responsible party may request in writing to the department a variance
			 from the requirements of this chapter pertaining to the:
(a) Acceptable accuracies of measuring
			 devices and methods;
(b) Reporting
			 of water use data;
(c) Calculation
			 of rating curves;
(d) Other
			 provisions as the department may find acceptable.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-180 - What recordkeeping responsibilities do I have?

Current through Register Vol. 24-14, July 15, 2024
All measurement notes, rating curves, calculations, and data
				logs should be retained as long as practicable, and copies made available to
				the department when requested.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-180, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-190 - Will the department notify the Washington department of fish and wildlife about the status of my fish screens?

Current through Register Vol. 24-14, July 15, 2024
Yes. The department will notify the department of fish and
				wildlife regarding the status of fish screens associated with diversions and
				withdrawal facilities subject to this rule.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-190, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-200 - Does the department have authority to enforce this rule?

Current through Register Vol. 24-14, July 15, 2024
Yes. In enforcing this chapter the department can impose such
				sanctions as are appropriate under the authorities vested in it, including, but
				not limited to, issuing regulatory orders under
				RCW
				43.27A.190 and civil penalties under
				RCW
				90.03.600.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-200, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-210 - Can I appeal the department's order to measure my water use?

Current through Register Vol. 24-14, July 15, 2024
Yes. Appeals may be filed with the pollution control hearings
				board in accordance with
				RCW
				43.21B.230, except that appeals of orders to
				measure water use issued by a court conducting a general adjudication of water
				rights pursuant to
				RCW
				90.03.110 through
				90.03.245 shall be filed in
				accordance with the applicable Washington court rules.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-210, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-173 - Requirements for measuring and reporting water use › Section 173-173-220 - Will the department review this rule in the future to determine if changes are necessary?

Current through Register Vol. 24-14, July 15, 2024
Yes. The department will initiate a review of the rules
				established in this chapter if new information, changing conditions, or
				statutory modifications make it prudent or necessary to consider revisions to
				the chapter.
Statutory Authority:
				  RCW
				  90.03.360,
				  90.44.050, [90.44.]250,[90.44.]450
				  and chapter 43.21A
				  RCW. 02-02-017 (Order 00-01), § 173-173-220, filed 12/21/01, effective
				  1/21/02.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part ONE - GENERA › Section 173-175-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
These regulations provide for the comprehensive regulation
				  and supervision of dams in order to reasonably secure safety to life and
				  property pursuant to
				  chapters
				  43.21A, 43.27A, 86.16,
				  90.03, 90.28, and
				  90.54 RCW. The purposes of these
				  regulations are to:
(1) Designate the
				types of dams to which these regulations are applicable;
(2) Provide for the design, construction,
				operation, maintenance, and supervision of dams in a manner consistent with
				accepted engineering practice;
(3)
				Establish and administer a program for permitting of construction work for new
				dams and for modifications of existing dams;
(4) Establish a fee schedule based on dam
				size that will reflect the actual cost to the department of engineering review
				of plans and specifications and for construction inspections;
(5) Establish the requirements and owner
				responsibilities for developing and executing plans for operation and
				maintenance, owner inspection and emergency actions; and
(6) Establish a program for the periodic
				inspection by the department of existing dams, and a fee schedule for these
				inspections based on downstream hazard classification and frequency of
				inspections. This fee schedule will reflect the actual cost to the
				department.
Statutory Authority:
					 RCW
					 43.21A.064,
					 43.21A.080,
					 86.16.061,
					 90.03.350 and [90.03].470.
					 04-16-122 (Order 03-08), § 173-175-010, filed 8/4/04, effective 9/4/04.
					 Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-010, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part ONE - GENERA › Section 173-175-040 - Activities that require department review, approval, acceptance, authorization, or notification

Current through Register Vol. 24-14, July 15, 2024
(1)
				Activities related to the safety of dams that require review and approval by
				the department as detailed in this chapter include:
(a) Construction of a new dam;
(b) Modification of an existing
				dam;
(c) Removal or abandonment of
				an existing dam;
(d) Construction
				change orders for project elements that could have an effect on public
				safety.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part ONE - GENERA › Section 173-175-050 - Provision of guidelines

Current through Register Vol. 24-14, July 15, 2024
The department will develop and maintain
Dam Safety
				  Guidelines
to aid dam owners and project engineers in complying with
				  the department requirements in developing, producing, or conducting:
(1) Engineering design reports;
(2) Plans and specifications;
(3) Construction inspection plans;
(4) Operation and maintenance
				plans;
(5) Periodic inspections;
				and
(6) Emergency action
				plans.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-050, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part ONE - GENERA › Section 173-175-060 - Change of ownership

Current through Register Vol. 24-14, July 15, 2024
When a change of ownership of a dam occurs, the new owner
				  shall notify the department within ninety days following the transaction and
				  provide:
(1) The mailing address and
				telephone number where the owner can be contacted.
(2) The name(s) and telephone number(s) of
				the individual(s) who will be responsible for operation and maintenance of the
				dam.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-060, filed 6/1/92, effective
					 7/2/92.