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Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-132 - Duck Lake groundwater management subarea › Section 173-132-040 - Subarea definition

Current through Register Vol. 24-14, July 15, 2024
"Duck Lake groundwater subarea" shall mean those lands lying
				within Okanogan County described as follows:
Beginning at the west quarter corner of Sec. 23; thence
				northeast through the north quarter corner of Sec. 23 and the east quarter
				corner of Sec. 14 to the north quarter corner of Sec. 13; thence east to the
				northeast corner of Sec. 13; thence north to the east quarter corner of Sec.
				12; thence northwest to the southeast corner of Sec. 2; thence northwest to the
				center of the northwest quarter of Sec. 2; thence southwest through the west
				quarter corner of Sec. 2 to the south quarter corner of Sec. 3; thence west to
				the southwest corner of Sec. 3; thence south along the west line of Sec. 10 to
				the "bedrock" exposure which lies approximately 1,300 feet north from the
				southwest corner of Sec. 10; thence southeasterly along the "bedrock" to the
				south quarter corner of Sec. 10; thence south 1,320 feet; thence west 1,320
				feet to the center of the northwest quarter of Sec. 15; thence south 3,960 feet
				to the south line of Sec. 15; thence east to the south quarter corner of Sec.
				15; thence southeast to the point of beginning; ALL in T. 34 N., R. 26 E.W.M.,
				Okanogan County.
Order DE 77-3, § 173-132-040, filed 4/21/77; Order DE
				  74-24, § 173-132-040, filed
				  10/18/74.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-132 - Duck Lake groundwater management subarea › Section 173-132-050 - Subarea map

Current through Register Vol. 24-14, July 15, 2024
"Duck Lake groundwater subarea" shall include those lands that
				lie within the heavy outline shown on the following map:
DUCK LAKE GROUNDWATER SUBAREA
Click to view
							 image
Order DE 74-24, § 173-132-050, filed
				  10/18/74.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-132 - Duck Lake groundwater management subarea › Section 173-132-060 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-132-060, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the department of ecology under
				authority and procedures provided in chapters 34.04,
				43.21A,
				90.03, and
				90.44 RCW.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-010, filed 6/1/83. Formerly chapter 173-134
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-020 - Background

Current through Register Vol. 24-14, July 15, 2024
The Quincy groundwater subarea was duly established and the
				boundaries were set forth in chapter 173-124 WAC on January 15, 1973.
				Management rules for the Quincy subarea were then adopted on January 9, 1975,
				as chapter 173-134 WAC and amended on July 26, 1979.
The department has managed the groundwaters within the Quincy
				subarea since that time in accordance with those rules.
The following information is provided as a background to assist
				in understanding this chapter.
By the end of the 1973 irrigation season (in October), there
				were approximately 3,493,142 acre-feet of imported waters stored underground in
				the Quincy groundwater subarea. These imported waters are derived from the
				activities of the bureau and the Columbia Basin project. Most of the imported
				water is located in the shallow management unit where it comingles with
				naturally occurring public groundwaters.
The general pattern of flow of groundwater in the shallow
				management unit is toward Potholes Reservoir, a facility of the Columbia Basin
				project.
By order of the department of ecology, under Docket No. 74-772,
				dated the 8th day of January, 1975, declarations of artificially stored waters
				of the United States Bureau of Reclamation were accepted for the Quincy subarea
				and zones. There are no other accepted declarations relating to the Quincy
				subarea and zones.
Based on the best information available to the department in
				1983, all waters naturally supplied to the Quincy Basin groundwater system have
				been allocated to permits or certificates under state law. Of the aggregate
				thus allocated, it appears that because of nonuse, small additional amounts of
				such water can be appropriated without overdraft.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-020, filed 6/1/83. Formerly WAC
				  173-134-030.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth rules of the
				department of ecology for the administration of all groundwaters within the
				Quincy groundwater subarea, including among others, commingled public
				groundwaters and artificially stored groundwaters. This chapter replaces
				chapter 173-134 WAC. The rules established herein set forth the regulatory and
				management program for these waters and all such waters shall be authorized for
				withdrawal and otherwise regulated in accordance with the provisions hereof.
				This state program is designated to protect both the public interest and
				private rights and interests in such waters and shall be implemented in a
				spirit of cooperation with affected persons and entities, public and private,
				including the holder of a declaration accepted by the department pursuant to
				RCW
				90.44.130.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-030, filed 6/1/83. Formerly WAC
				  173-134-010.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following definitions shall
				apply:
(1) "Artificially stored
			 groundwaters" means waters beneath the land surface within an area, subarea, or
			 zone which are the subject of the declaration by the bureau and accepted by the
			 department of ecology.
(2) "Bureau"
			 means the United States Department of the Interior, Bureau of
			 Reclamation.
(3) "Critical
			 management area" means a specified locality within the Quincy subarea where
			 depletion of groundwaters, including interference with surface waters,
			 necessitates the implementation of special groundwater restrictions to ensure
			 protection to rights and interests in said waters as set forth in this
			 chapter.
(4) "Deep management unit"
			 means all groundwaters underlying the shallow management unit.
(5) "Department" means the department of
			 ecology.
(6) "Groundwaters" means
			 all waters that exist beneath the land surface or beneath the bed of any
			 stream, lake, or reservoir, or other body of surface water within the
			 boundaries of the Quincy groundwater subarea.
(7) "Public groundwaters" means all
			 groundwaters in the Quincy groundwater subarea other than artificially stored
			 groundwater.
(8) "Quincy
			 groundwater subarea," and "Quincy subarea" mean the subarea established
			 pursuant to
			 RCW
			 90.44.130 and set forth in chapter 173-124
			 WAC.
(9) "Shallow management unit"
			 means the groundwater hydraulically continuous between land surface and a depth
			 of 200 feet into the Quincy basalt zone and includes all of the Quincy
			 unconsolidated zone.
It is noted that the definitions of (1) and (7) hereof are not
				intended to be identical with the definitions in
				RCW
				90.44.035.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-040, filed 6/1/83. Formerly WAC
				  173-134-020.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-050 - Management and regulation

Current through Register Vol. 24-14, July 15, 2024
All public and artificially stored groundwater of the Quincy
				subarea shall be managed and regulated by the department of ecology in
				accordance with this chapter.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-050, filed 6/1/83. Formerly WAC
				  173-134-040.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-060 - Withdrawal of waters of deep management unit

Current through Register Vol. 24-14, July 15, 2024
All withdrawals of waters of the deep management unit will be
				controlled by the prior appropriation provisions of
				RCW
				90.44.050 and
				90.44.060 and related code
				sections. The total authorized withdrawals under state permits or certificates
				from the deep management unit shall not exceed 97,901 acre-feet per year,
				unless the department should determine otherwise through further
				studies.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-060, filed 6/1/83. Formerly WAC
				  173-134-050.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-070 - Public groundwater permit amendments

Current through Register Vol. 24-14, July 15, 2024
The department may approve amendments to public groundwater
				permits for lands located within the Quincy subarea, including changes in
				points of withdrawal, purpose, and places of use, only if it believes, after
				investigation, that the activities proposed in the amendment or amendments will
				not:
(1) Impair existing
			 rights;
(2) Prove detrimental to
			 the public interest;
(3) Cause the
			 tapping of a different body of groundwater (as defined herein or as determined
			 by the department);
(4) Adversely
			 affect the comprehensive scheme of water management adopted for the Quincy
			 subarea.
In addition, with regard to holders of permits or certificates
				for the use of public groundwaters in the Quincy subarea, said permits and
				certificates shall represent "a valid right to withdraw public groundwaters,"
				as that term is used in
				RCW
				90.44.100, only to the extent of beneficial
				use actually made under the permit or certificate.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-070, filed 6/1/83. Formerly WAC
				  173-134-055.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-085 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The total withdrawal limitations of WAC
				173-134A-060 and
				173-134A-080 shall apply only to
				that geographical area within the Quincy groundwater subarea that was described
				in the declaration of ownership of artificially stored waters by the United
				States Bureau of Reclamation accepted by order of the department under Docket
				Number 74-772 dated January 8, 1975.
Statutory Authority: RCW 43.21A.060. 86-04-057 (Order DE
				  86-01), § 173-134A-085, filed
				  2/4/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-090 - Responsibility for water management - Designation of critical management areas

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 of ecology shall be responsible for the water management and regulation program
			 applicable to the comingled waters provided in this chapter, including the
			 authorization of withdrawals of artificially stored groundwaters and regulation
			 of the same. The department shall, in order to ensure compliance with the water
			 regulation and administration programs of this chapter, issue regulatory
			 orders. Such orders shall be issued pursuant to
			 RCW
			 43.27A.190 through 43.27A.210 and shall be
			 subject to review as provided in chapter 43.21B RCW, before the pollution
			 control hearings board.
(2) In
			 times of shortage of water available to satisfy all groundwater withdrawals
			 authorized under WAC
			 173-134A-080(2),
			 the department shall reduce withdrawals, through issuance of regulatory orders,
			 in order of the priority date of the permit, with the latest priority being
			 regulated first. In relation thereto, the department may designate critical
			 management areas within the Quincy subarea based upon any of the following:
(a) Where there is an inadequate supply of
			 water to the Potholes Reservoir and the Potholes canal system;
(b) When there is a shortage of water to
			 satisfy groundwater withdrawals authorized under WAC
			 173-134A-080(2);
(c) Where existing wildlife, recreational,
			 and other values associated with the general public interest are or will be
			 detrimentally affected on a significant scale, or
(d) Where necessary to protect rights to
			 withdraw public waters. Designation of critical management areas shall be made
			 through issuance of regulatory orders which shall define the areas and specify
			 if the regulatory period is permanent or not. During this management period,
			 the department shall determine the allowable limits of withdrawal of
			 artificially stored groundwater within the critical management area.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-100 - Establishment of a technical committee

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose of advising the
			 department in the implementation of this chapter, there is established a
			 technical committee consisting of one permanent member and one alternate member
			 each from the bureau and the department assisted by other technical advisors
			 (e.g. irrigation districts, municipalities) as the permanent members consider
			 necessary.
(2) The role of the
			 committee shall relate generally to providing advice pertaining to ground and
			 surface water conditions and management in the Quincy subarea.
(3) The committee shall meet as necessary
			 when called by a permanent member of the committee. Telephone conference calls
			 may constitute a committee meeting.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-100, filed 6/1/83. Formerly WAC
				  173-134-080.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-110 - Request for protection of interest

Current through Register Vol. 24-14, July 15, 2024
Whenever the bureau believes its interest in the groundwaters
				of the Quincy subarea are not being adequately protected, it may request the
				department to issue regulatory orders or take other appropriate management and
				regulatory actions designed to protect such interest. If the department
				concludes the requested action is not warranted in the administration of this
				chapter, the department shall issue an order denying the
				request.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-110, filed 6/1/83. Formerly WAC
				  173-134-085.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-120 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The permit
			 program of WAC
			 173-134A-080(2) 
			 shall not relate to (a) agricultural drains or (b) withdrawals of artificially
			 stored groundwaters performed for the purpose of removing excess waters
			 injurious to private or project lands, to bureau canals or wasteways or other
			 similar facilities; provided that no activities pertaining to (b) above will be
			 conducted without first notifying the department and requesting its comment
			 within a reasonable time.
(2) The
			 permit program of WAC
			 173-134A-080(2) 
			 shall not relate to withdrawals by public entities of artificially stored
			 groundwaters performed as a necessary incident of the operation of an essential
			 public service activity, such as a solid waste disposal facility or the
			 fighting of fires. The public entity shall not construct facilities for making
			 such withdrawals or engage in such withdrawals without first notifying the
			 department and requesting comments from the department regarding the intended
			 action. This subsection shall not relate to other than essential public
			 services and shall not pertain to the supplying of water for general municipal
			 uses pertaining to satisfaction of industrial and domestic needs.
(3) No permit shall be required under WAC
			 173-134A-080(2) 
			 for withdrawals of artificially stored groundwaters of less than 5,000 gallons
			 per day for stockwatering purposes, for watering of a lawn or of a
			 noncommercial garden not exceeding one-half acre in area, for single or group
			 domestic uses, or for an industrial purpose as prescribed in
			 RCW
			 90.44.050 pertaining to the withdrawal of
			 public groundwaters.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-120, filed 6/1/83. Formerly WAC
				  173-134-090.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-130 - Agreements

Current through Register Vol. 24-14, July 15, 2024
(1) No use of water
			 under a permit issued pursuant to WAC
			 173-134A-080(2) 
			 shall take place until the recipient of such permit shall enter into an
			 agreement with the bureau, on a form and in a content, approved and previously
			 agreed to by the bureau and the department, pertaining to withdrawal of
			 artificially stored groundwaters. The agreement shall relate to reasonable
			 charges for withdrawal of artificially stored groundwaters and other pertinent
			 provisions necessary to comply with federal law and ensure payment of such
			 charges. Use of water before the permittee enters into an agreement with the
			 bureau shall cause the permit to be terminated by the department.
(2) The bureau shall not enter into an
			 agreement, as provided in WAC
			 173-134A-130(1),
			 until a copy of a permit issued by the department pursuant to WAC
			 173-134A-080(2) 
			 is received by the bureau. Thereafter, upon presentation of a request the
			 bureau shall enter into an agreement with eligible persons having state permits
			 as described in WAC
			 173-134A-130(1).
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-130, filed 6/1/83. Formerly WAC
				  173-134-100.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-140 - Existing laws and rights

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Nothing in this chapter, including any permit issued pursuant hereto, shall
			 authorize the use of waters in a manner which injures the property of
			 others.
(2) Nothing in this chapter
			 purports or is intended to modify any rights of an irrigation district created
			 under a water delivery and "repayment" contract between the United States and
			 irrigation districts located within the Columbia Basin project.
(3) Nothing herein shall modify the rights of
			 the United States to make use of the courts to protect its interests.
(4) Nothing in this chapter is intended to
			 require the bureau to obtain a permit for recapture of groundwater for project
			 purposes by wasteways and drains, including Potholes Reservoir, which water is
			 covered by an accepted declaration of right to withdraw artificially stored
			 groundwater pursuant to
			 RCW
			 90.44.130.
(5) Nothing in this chapter purports to
			 regulate the administration and operation of Columbia Basin project
			 facilities.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-140, filed 6/1/83. Formerly chapter 173-134
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-150 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-134A-150, filed 6/9/88. Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-150, filed 6/1/83. Formerly chapter 173-134
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-160 - Relinquishments - Public groundwater

Current through Register Vol. 24-14, July 15, 2024
To the extent the department identifies groundwater rights that
				have reverted to the state pursuant to
				RCW
				90.14.130, et seq.; it, in its discretion,
				may issue public groundwater permits not exceeding those quantities. Public
				groundwater made available due to relinquishment of water rights shall be
				subject to appropriation, reservation, or withdrawal in accordance with the
				applicable state water laws.
Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-160, filed
				  6/1/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-165 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as are appropriate under authorities vested in it,
				including but not limited to the issuance of regulatory orders under
				RCW
				43.27A.190 and civil penalties under
				RCW
				90.03.600.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-134A-165, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-134A - Quincy groundwater subarea management policy › Section 173-134A-170 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions, made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-134A-170, filed 6/9/88. Statutory Authority: RCW 43.21A.060,
				  43.21A.080,
				  43.27A.090,
				  90.44.130,
				  90.54.040(2) and
				  chapter
				  90.03 RCW. 83-12-060
				  (Order DE 83-10), § 173-134A-170, filed
				  6/1/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-010 - Purpose of chapter

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a permit system as
				a part of a comprehensive state water management and regulatory control program
				pertaining to the withdrawal and use of groundwaters consisting of commingled
				artificially stored groundwaters and public waters located in areas, subareas,
				and zones designated pursuant to
				RCW
				90.44.130. The permit system established in
				this chapter relates only to the withdrawal and use of artificially stored
				groundwaters of such groundwaters.
Order 74-36, § 173-136-010, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-020 - Definitions - This chapter

Current through Register Vol. 24-14, July 15, 2024
Definitions. For purposes of this chapter the following
				definitions shall apply. (It is noted that the (2) and (6) hereof are not
				intended to be identical with definitions contained in
				RCW
				90.44.035.)
(1) "Area, subarea, or zone" means a ground
			 water area, subarea, or zone designated by the department of ecology pursuant
			 to RCW
			 90.44.130(3), which contains
			 commingled artificially stored and public ground waters.
(2) "Artificially stored ground waters" mean
			 water beneath the land surface within an area, subarea, or zone(s) which are
			 the subject of a declaration accepted by the department of ecology pursuant to
			 RCW
			 90.44.130(6).
(3) "Department" means the department of
			 ecology.
(4) "Ground waters" means
			 all waters beneath the land surface of an area, subarea, or zone.
(5) "Person" means individual, public, or
			 private corporation, municipality, county, partnership, association, federal,
			 or state agency or body, or any other entity whatsoever.
(6) "Public ground waters" means all ground
			 waters within an area, subarea, or zone other than artificially stored ground
			 waters.
Order 74-36, § 173-136-020, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-030 - Permit to withdraw

Current through Register Vol. 24-14, July 15, 2024
No person, unless expressly exempted by a specific management
				regulation of the department adopted for an area or subarea, may withdraw any
				artificially stored groundwaters for beneficial use from any area, subarea, or
				zone without first obtaining a permit from the department of ecology as
				hereinafter provided. An application for a permit shall be submitted on a form
				provided by the department. The application shall contain the following
				information:
(1) Name
(2) Address
(3) Point of withdrawal
(4) Place of use
(5) Purpose of use
(6) Time of use
(6a) Amounts of withdrawal, including both maximum rate and the
				total volume each calendar year
(7) The area, subarea, and zone from which
			 the waters are to be withdrawn.
Order 74-36, § 173-136-030, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-040 - Criteria for ruling upon application for permits

Current through Register Vol. 24-14, July 15, 2024
(1) The criteria for ruling on an application
			 for a permit are as follows. An application shall be approved if:
(a) Artificially stored waters are available
			 for withdrawal; and
(b) The public
			 interest will not be detrimentally affected; and
(c) Rights to withdraw public water will not
			 be impaired; and
(d) The interests
			 of the holder emodied [embodied] in a declaration accepted by the department
			 pursuant to
			 RCW
			 90.44.130(6) will not be
			 impaired.
(e) The withdrawal and
			 use proposed in the application can be performed consistent with the provision
			 of the chapter of the Washington Administrative Code containing the water
			 management and regulation regulations for the specific groundwater area,
			 subarea, or zone to which the application relates.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-050 - Public notice of application and public hearings - When required

Current through Register Vol. 24-14, July 15, 2024
(1) Public notices
			 of applications filed with the department shall be required by the department
			 only when it appears to the department that the public interest will be served.
			 When a notice is required the applicant shall be responsible for its
			 publication in a form, manner, and frequency as determined by the department
			 unless otherwise specified.
(2)
			 Public hearings on such applications shall be required by the department only
			 when it appears to the department that the public interest will be
			 served.
Order 74-36, § 173-136-050, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-060 - Permits - Priorities and conditions of right of withdrawal

Current through Register Vol. 24-14, July 15, 2024
Every permit issued pursuant to this chapter shall be:
(1) Conditioned to insure the protection of
			 public interest and values and of the rights of withdrawal and use established
			 in public waters and artificially stored groundwaters both prior and subsequent
			 to the issuance of such a permit.
(2) Conditioned to comply with the provisions
			 of the chapter of the Washington Administrative Code containing the water
			 management and regulation regulations for the specific groundwater area,
			 subarea, or zone to which the application relates.
(3) Conditioned to provide for inspection,
			 monitoring, entry, and reporting of data by or to the department and the holder
			 of an accepted declaration as required by the department.
(4) Conditioned to provide that a permit
			 shall be subject to termination or modification for failure to comply with any
			 agreement, approved by the department, between the permittee and the holder of
			 a declaration accepted by the department of ecology pursuant to
			 RCW
			 90.44.130.
(5) Subject to termination or modification,
			 through issuance of supplemental orders of the department, for good cause,
			 including but not limited to:
(a) Violation of
			 a permit condition;
(b) Obtaining a
			 permit by misrepresentation or failure to fully disclose all relevant
			 facts;
(c) The receipt of new facts
			 or information dictate the same.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-070 - Permits do not establish or embody water rights

Current through Register Vol. 24-14, July 15, 2024
Permits issued pursuant to this chapter do not establish or
				embody water rights as provided in
				RCW
				90.44.050 and
				90.44.060.
Order 74-36, § 173-136-070, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-080 - Permits shall be transmitted to the holder of a declaration

Current through Register Vol. 24-14, July 15, 2024
A copy of each permit issued by the department under this
				chapter shall be transmitted, at the time of issuance, to the holder of a
				declaration accepted by the department pursuant to
				RCW
				90.44.130 pertaining to artificially stored
				groundwater.
Order 74-36, § 173-136-080, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-090 - Failure to obtain permit - Unlawful

Current through Register Vol. 24-14, July 15, 2024
Failure to comply with the provisions of this chapter,
				including failure to obtain a permit as required herein and violation of a
				condition of such a permit, shall constitute a basis for the imposition of
				civil and criminal sanctions contained in applicable state
				statutes.
Order 74-36, § 173-136-090, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-095 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as are appropriate under authorities vested in it,
				including but not limited to the issuance of regulatory orders under
				RCW
				43.27A.190 and civil penalties under
				RCW
				90.03.600.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-136-095, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-100 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-136-100, filed 6/9/88; Order 74-36, § 173-136-100, filed
				  1/9/75.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-136 - The establishment of a system of authorizing the withdrawal of artificially stored groundwaters embodied in an approved declaration under RCW 90.44.130, which are commingled with public groundwaters in groundwater areas, subareas, and zones established under RCW 90.44.130 › Section 173-136-110 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority:
				  Chapters
				  43.21A, 43.27A,
				  90.03 and
				  90.44 RCW. 88-13-037 (Order 88-11),
				  § 173-136-110, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
RCW 86.26.050 provides that
				counties and other municipal corporations responsible for flood control
				maintenance may apply to the department of ecology for financial assistance for
				the preparation of comprehensive flood control management plans and for flood
				control maintenance projects. The purpose of those plans is described in
				RCW
				86.26.105. The department shall determine
				priorities and allocate available funds from the flood control assistance
				account program (FCAAP) among those counties applying for assistance, and shall
				adopt rules establishing the criteria by which those allocations must be made.
				The criteria must be based upon proposals that are likely to bring about public
				benefits commensurate with the amount of state funds allocated thereto. This
				chapter describes the manner in which ecology will implement the provisions of
				the act.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-010, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-010, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-010, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-030 - Eligibility criteria for FCAAP funds

Current through Register Vol. 24-14, July 15, 2024
Criteria to be used in determining eligibility for FCAAP funds
				are as follows:
(1) Eligible municipal
			 corporation. The applicant must be an eligible municipal corporation as defined
			 in WAC 173-145-020(6).
(2) Public benefit. The applicant must
			 demonstrate that their comprehensive flood control management plans and flood
			 control maintenance projects will further the general public and state interest
			 as differentiated from a private interest and that they will bring about public
			 benefits commensurate with FCAAP funds provided.
(3) Comprehensive flood control management
			 plan. The requirements of WAC
			 173-145-040 must be complied with
			 by the appropriate local authority with flood control jurisdiction over the
			 area where the proposed project is located.
(4) Flood plain management activities. The
			 appropriate local authority within whose jurisdiction projects are located must
			 be engaging in approved flood plain management activities as described in WAC
			 173-145-050.
(5) Budget report. Any eligible municipal
			 corporation seeking FCAAP funds shall submit its annual budget for flood
			 control purposes to the county engineer within thirty calendar days after its
			 final adoption. The county engineer shall then forward the budget report for
			 eligible municipal corporations and for the county to ecology. The information
			 will provide the basis for preparation of a preliminary plan for the most
			 beneficial and orderly allocation of FCAAP funds. Soil conservation districts
			 are exempt from the provisions of this section.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-030, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-030, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-030, filed
				  6/21/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-040 - Comprehensive flood control management plan (CFCMP)

Current through Register Vol. 24-14, July 15, 2024
The county engineer of the county within which the maintenance
				project is located shall certify that the CFCMP has been completed and adopted
				by the appropriate local authority or is being prepared. Comprehensive flood
				control management plans, and any revisions to the plans, must be approved by
				ecology, in consultation with the department of fish and wildlife. The CFCMP
				must be completed and adopted within three years of the date that it is
				certified as being prepared. If, after the three-year period has elapsed, such
				a plan has not been completed and adopted, the appropriate local authority may
				not make grants to the county for flood control maintenance projects until the
				CFCMP is completed and adopted by the appropriate local authority. During the
				three-year period, projects within a drainage area, designated as the CFCMP
				study area, may be funded as part of a phased project plan: Provided, That
				preliminary studies for the CFCMP have been conducted to identify the
				one-hundred-year frequency flood plain problem areas and factors contributing
				to flooding: And provided further, That the proposed projects have been
				prioritized to achieve the greatest efficiency in flood control for the overall
				CFCMP study area. These limitations on grants may not preclude allocations for
				emergency purposes made under
				RCW
				86.26.060. The appropriate local authority
				may require the applicant to fully or partially fund the preparation of the
				CFCMP. The plan must include:
(1)
			 Determination of the need for flood control work.
(a) Description of the watershed;
(b) Identification of types of watershed
			 flood problems;
(c) Location and
			 identification of specific problem areas;
(d) Description of flood damage
			 history;
(e) Description of
			 potential flood damages;
(f)
			 Short-term and long-term goals and objectives for the planning area;
(g) Description of rules that apply within
			 the watershed including, but not limited to, local shoreline management master
			 programs, and zoning, subdivision, and flood hazard ordinances;
(h) Determination that the instream flood
			 control work is consistent with applicable policies and rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-145 - Administration of the flood control assistance account program › Section 173-145-050 - Flood plain management activities

Current through Register Vol. 24-14, July 15, 2024
Local jurisdictions within which flood control maintenance
				projects are located, must be engaging in flood plain management activities.
				Under chapter 86.26 RCW the director of the department of ecology must approve
				the flood plain management activities of the county, city, or town that has
				jurisdiction over the area where the project will be located. To be eligible
				for FCAAP funding the local jurisdiction must be required to:
(1) Participate in the National Flood
			 Insurance Program (NFIP) and meet all of the NFIP requirements.
(2) Restrict land uses within the meander
			 belt or floodway of rivers to only flood compatible uses. Where applicable,
			 adopted shoreline management master programs will be considered a minimum land
			 use measure.
Statutory Authority:
				  RCW
				  86.26.105. 01-02-006 (Order 00-13), §
				  173-145-050, filed 12/21/00, effective 1/21/01. Statutory Authority: Chapter
				  86.26 RCW. 87-04-022 (Order 86-36), § 173-145-050, filed 1/28/87;
				  85-14-002 (Order DE 85-10), § 173-145-050, filed
				  6/21/85.