reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-070 - What does an applicant need to know about filing an application for transfer of a water right?

Current through Register Vol. 24-14, July 15, 2024
How are applications accepted for processing by a
				board?
(1) Ecology will provide
			 water right transfer application forms and applicant instructions to boards,
			 which will make them available to the public upon request. All applications to
			 a board must be made using the water right application for change/transfer form
			 supplied by ecology, form number 040-1-97.
(2) Boards and ecology shall inform all
			 applicants that the decision to file a transfer application with a board rather
			 than directly with ecology is solely at the discretion of the applicant,
			 provided a board is active in the area addressed by the transfer
			 application.
(3) A water right
			 transfer application is considered filed when it is received by a board
			 commissioner, or a designated administrative support person for a board at the
			 location designated by the board.
(4) A separate application must be filed for
			 each water right that is proposed to be transferred.
(5) A majority vote of a quorum of a board is
			 required to accept a complete application for processing.
What must a complete application include?
(6) Boards shall require that
			 applications submitted directly to them are complete and legible. A complete
			 application shall:
(a) Contain the information
			 requested on the application form as applicable.
(b) Include all required
			 signatures.
(c) Be accompanied by
			 such maps and drawings, in duplicate, and such other data or fees, as may be
			 required by the board. Such accompanying data shall be considered as part of
			 the application as described in
			 RCW
			 90.03.260.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-080 - What public notice is given on a water right transfer application before a board?

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
			 acceptance by a board of a water right transfer application in accordance with
			 this chapter, the board shall publish a public notice of the proposed water
			 right transfer in accordance with
			 RCW
			 90.03.280. This notice must be published at
			 least once a week for two consecutive weeks in the legal notice section of a
			 newspaper of general circulation in the project area of the county or counties
			 where the application proposes to use, divert, withdraw and/or store water.
			 Ecology must provide the board with a list of newspapers generally acceptable
			 for the publication of public notices. The board should consider publishing an
			 additional public notice in other areas that could be affected by the transfer
			 proposal. The public notice of each individual application for transfer must
			 include the following information:
(a) The
			 applicant's name and city or county of residence;
(b) The board's assigned water right change
			 application number;
(c) The water
			 right priority date;
(d) A
			 description of the water right to be transferred, including the number of any
			 water right document, that embodies the water right such as a permit,
			 certificate or claim filed under chapter 90.14 RCW, the location of the point
			 of diversion or withdrawal; the place of use; the purpose(s) of use; the period
			 of use; if for irrigation purposes, the total acres irrigated; and the
			 instantaneous rate and annual quantities as stated on the water right
			 document;
(e) A description of the
			 proposed transfer(s) to be made, including, when applicable, the proposed
			 location of point(s) of diversion or withdrawal; the proposed place(s) of use;
			 the proposed purpose(s) of use; if for irrigation purposes, the total number of
			 acres to be irrigated; and the instantaneous rate and annual quantities of
			 water associated with the proposed water right transfer including the
			 description of a transfer that includes only a portion of a water
			 right;
(f) The manner and time
			 limit for filing protests with ecology under
			 RCW
			 90.03.470 and WAC
			 508-12-170; and
(g) The manner for providing written and oral
			 comments or other information to the board, including the board's mailing
			 address and the place, date, and time of any public meeting or hearing
			 scheduled to consider, discuss, or decide the application.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-090 - How can protests and letters of concern or support on a water right transfer application be submitted to a board?

Current through Register Vol. 24-14, July 15, 2024
Where is a protest submitted regarding a water right
				transfer application before a board?
(1) A protest against granting a proposed
			 water right change or transfer, as identified in
			 RCW
			 90.03.470(12), must be
			 received by ecology, with the statutory protest fee, within thirty days of the
			 last date of publication of the public notice.
(2) Ecology shall provide a copy of the
			 protest to the appropriate board within five days of receipt of the
			 protest.
(3) In accordance with WAC
			 508-12-170 and
			 508-12-220, a board will
			 thoroughly investigate all pertinent protests of a transfer application before
			 the board.
(4) Ecology shall
			 consider all pertinent protests during its review of the board's record of
			 decision on the application.
(5)
			 Persons inquiring of the board or ecology regarding protest procedures shall be
			 directed to file the protest with ecology.
(6) A board must immediately forward to
			 ecology any protests it receives including the statutory protest fee.
What is included in a valid protest?
(7) A protest must include:
(a) The name, address and phone number (if
			 any) of the protesting party;
(b)
			 Clear identification of the transfer application being protested; and
(c) A statement identifying the basis for the
			 protest.
(d) The statutory protest
			 fee.
What is the difference between a protest and a letter of
				concern or support?
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-100 - How does a water conservancy board operate?

Current through Register Vol. 24-14, July 15, 2024
(1) Water conservancy board meetings must be
			 in compliance with the Open Public Meetings Act,
			 chapter
			 42.30 RCW. Additionally,
			 minutes of the meetings must be recorded pursuant to
			 chapter
			 42.32 RCW and such minutes
			 must be made available for public review upon request.
(2) At the beginning of any meeting or
			 hearing in which any application to change or transfer a water right is to be
			 discussed, or upon which a decision is to be made, those individuals in
			 attendance must be informed that any known allegations of conflict of interest
			 must be expressed in that meeting or hearing or their right to do so may be
			 forfeited in accordance with
			 RCW
			 90.80.120(2)(a).
(3) A board may adopt and amend its own
			 bylaws through which board meetings, operations, and processes are governed.
How can a board be contacted by the public?
(4) Each board must designate at
			 least one primary contact person for communicating with ecology and other
			 entities. The board must inform the water conservancy board coordinator of:
(a) The name of the primary
			 contact;
(b) How to contact that
			 person; and
(c) Any changes to the
			 contact information for the primary contact of the board.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-120 - What assistance is available to water conservancy boards?

Current through Register Vol. 24-14, July 15, 2024
(1) The director,
			 or his or her designee, shall assign a representative of ecology to be
			 available to provide technical assistance to each board as provided in
			 RCW
			 90.80.055(1)(d).
(2) Upon request by a board, an ecology
			 representative will provide technical assistance as the board:
(a) Reviews applications for formal
			 acceptance;
(b) Prepares draft
			 records of decision and reports of examination;
(c) Considers technical factors;
			 and
(d) Considers legal factors
			 affecting the board's development of a record of decision.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-130 - How are records of decision and reports of examination made by a water conservancy board?

Current through Register Vol. 24-14, July 15, 2024
(1) Records of
			 decision and reports of examination are adopted by a majority vote of a board,
			 pursuant to
			 RCW
			 90.80.070(4). A board's
			 record of decision and report of examination must be in writing, and the record
			 of decision and report of examination become part of the public
			 record.
(2) When a board proposes
			 to deny an application, in whole or in part, the board must issue to both the
			 applicant and ecology a record of decision and report of examination denying
			 the transfer, or a portion of the transfer, subject to review and final
			 determination by ecology.
(3) When
			 a board proposes to approve an application, the board must issue to both the
			 applicant and ecology a record of decision and a report of examination
			 approving the transfer, subject to review and final approval by ecology.
What is included in a record of decision?
(4) The record of decision must be
			 prepared on a form provided by ecology and identified as the Record of
			 Decision, form number 040-105, and must include the conclusion of the board as
			 to whether the application is denied or approved and a record of the individual
			 vote or abstention of each participating commissioner or that a commissioner
			 has recused him or herself.
What is included in a report of
				examination?
(5) It
			 is the responsibility of the water conservancy board to ensure that all
			 relevant issues identified during its evaluation of the application, or which
			 are raised by any commenting party during the board's evaluation process, are
			 thoroughly evaluated and discussed in the board's deliberations. These
			 discussions must be fully documented in the report of examination.
(6) The report of examination will consist of
			 a form provided by ecology and identified as Water Conservancy Board Report of
			 Examination, form number 040-106, documenting and summarizing the basic facts
			 associated with the decision. This shall include:
(a) Within a section entitled "background":
(i) A description of the water right proposed
			 for transfer, including the board-assigned water right change application
			 number, and the board's tentative determination as to the validity and
			 quantification of the right, as well as the historical water use information
			 that was considered by the board;
(ii) An explanation of how the board complied
			 with the State Environmental Policy Act; and
(iii) A description of any previous change
			 decisions associated with the water right.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-140 - What is the process for notifying parties of a record of decision and report of examination?

Current through Register Vol. 24-14, July 15, 2024
Who is notified of a board's record of decision and
				report of examination?
(1)
			 Ecology shall identify to all boards the ecology designated regional
			 representative for receipt of each board's records of decision. Boards shall
			 hand deliver or send by mail records of decision and reports of examination to:
(a) The applicant;
(b) The ecology regional office;
(c) Any person who protested the
			 transfer;
(d) Any person who
			 requested notice of the board's record of decision;
(e) Any tribe with reservation or trust lands
			 contiguous with or wholly or partly within the area of jurisdiction of the
			 board; and
(f) Any commenting
			 agency or tribe.
How is the record of decision and report of examination
				transmitted?
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-150 - What is ecology's review process of a board's record of decision?

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of
			 a record of decision and report of examination, ecology shall document and
			 acknowledge the date of receipt of such documents in writing to the issuing
			 board. Ecology will post on its internet site, generally within five business
			 days, the record of decision, documenting the vote and signature of all board
			 commissioners who participated in the decision, and the report of examination.
			 For boards with the capacity to send signed documents electronically, ecology
			 will post the record of decision and the report of examination generally within
			 three business days of receiving the electronic version. The posted document
			 will be referenced by both the board-assigned application number and by the
			 ecology-assigned application number.
How does ecology review the record of
				decision?
(2)
			 Ecology will review all records of decisions made by water conservancy boards.
			 Upon receipt of a record of decision made by a board, ecology will review:
(a) The record of decision for compliance
			 with state water laws and regulations;
(b) The record developed by the board in
			 processing the application; and
(c)
			 Any other relevant information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-160 - When is a board-approved water right transfer that has been affirmed by ecology complete?

Current through Register Vol. 24-14, July 15, 2024
Who provides documentation of the transfer when it is
				completed?
(1) When an affirmed
			 transfer has been completed and the transferred water right has been put to
			 beneficial use, the person authorized to transfer the water right must submit
			 satisfactory evidence to ecology showing the transfer has been completed in
			 accordance with ecology's order authorizing the transfer of the water right.
			 Upon verification of the extent of development as authorized, ecology will
			 issue a change certificate, superseding permit, or a superseding certificate to
			 the water right holder(s) to document that the approved transfer was
			 accomplished. When evaluating the proposed water right transfer application,
			 the board will consider and address in the report of examination any issues
			 pertaining to completion of the development or the application of the water to
			 a beneficial use of water as it is proposed to be changed.
Who receives a copy of the document identifying the
				perfection of the transfer approval?
(2) When a document, as described in
			 subsection (1) of this section, is issued to the applicant, ecology shall
			 provide a copy to the appropriate board for its records, if requested by the
			 board. The document shall also be recorded, at the applicant's expense, by the
			 county or counties in which the water is authorized for use.
What happens if the approved transfer is not completed
				within the development schedule or if the change authorization is
				canceled?
(3) If
			 development of the approved transfer is not completed in accordance with the
			 development schedule that accompanies the approval, extensions may be requested
			 in accordance with
			 RCW
			 90.03.320, and will be evaluated by
			 ecology.
(4) If the person
			 authorized to transfer a water right fails to accomplish the transfer in
			 accordance with the authorization, or any subsequent extensions granted by
			 ecology, and does not receive an extension from ecology, or fails to comply
			 with the requirements of the transfer authorization, ecology will cancel the
			 transfer authorization. Upon cancellation of the transfer authorization,
			 ecology will evaluate the water right to make a tentative determination as to
			 the present validity of the water right and the conditions under which the
			 water right can legally be exercised.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-160, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-160, filed 11/17/99,
				  effective 12/18/99.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-170 - What are a board's reporting requirements?

Current through Register Vol. 24-14, July 15, 2024
Boards are required to submit reports to ecology on their
				activities at the end of October of each year. The reports must be submitted to
				the water conservancy board coordinator on a form provided by ecology each year
				and must include information about board activities during the previous twelve
				months. The reports shall contain the following information:
Water right transfer application data:
(1) Information about applications to the
			 board, to include:
(a) The number of
			 applications filed with the board, identified by water resources inventory area
			 (WRIA);
(b) The number of records
			 of decision withdrawn from ecology by the board;
(c) The number of records of decision
			 approving or partially approving an application;
(d) The number of records of decision denying
			 an application;
(e) The number of
			 records of decision remanded back to the board from ecology;
(f) The number of applications received by
			 the board, distinguishing between requests to transfer surface water and
			 groundwater;
(g) The number of
			 applications to transfer a water right documented by a claim;
(h) The number of applications to transfer a
			 water right documented by a certificate;
(i) The number of applications proposing
			 transfer related to trust water;
(j) The number of applications filed directly
			 with the board, and the number transferred from ecology to the board;
			 and
(k) The number of hearings held
			 within other counties other than the county or counties which established the
			 board, when water rights were proposed to be transferred from one county to
			 another.
Operational information about the boards:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-180 - What actions may be appealed under this chapter?

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by ecology's decision to approve or
				disapprove the establishment or restructuring of a board, or by an ecology
				order to affirm, reverse modify, or remand a record of decision made by a
				board, may appeal the decision or order to the state pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-180, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-180, filed 11/17/99,
				  effective 12/18/99.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-190 - Existing rights are not affected

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter is intended to impair any existing
				water rights.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-190, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-190, filed 11/17/99,
				  effective 12/18/99.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-200 - Will ecology review this chapter in the future to determine if changes are necessary?

Current through Register Vol. 24-14, July 15, 2024
This chapter may be reviewed by ecology whenever new
				information, changing conditions, or statutory modifications make it prudent to
				consider revisions. In carrying out such a review, ecology shall consult with
				existing boards.
Statutory Authority:
				  RCW
				  90.80.040. 03-01-039 (Order 01-13), §
				  173-153-200, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-200, filed 11/17/99,
				  effective 12/18/99.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-010 - Background

Current through Register Vol. 24-14, July 15, 2024
In many parts of the state groundwater aquifers exist at
				various depths below land surface. Such aquifers or groups of such aquifers may
				demonstrate a natural hydraulic separation to a significant degree over local
				or regional areas as evidenced, in part, by differing hydraulic heads and
				variable responses to pumping stress. The upper aquifer or upper aquifer zone
				often will not yield water in sufficient or sustainable quantities for uses
				which require a large volume of water. Therefore, they have often been
				traditionally used for domestic water supplies, stockwatering and other uses
				that require only minimal water supplies and for which it is not cost effective
				to tap deeper aquifers. Further, the uppermost aquifers also commonly
				contribute to spring and stream flows. In some cases, the withdrawal of water
				from the lower aquifers causes the depletion of the upper aquifers through
				cascading waters or simultaneous withdrawals from both upper and lower
				aquifers, and in such cases, poor quality waters from one zone can also
				contaminate a different aquifer zone.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-010, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish and set forth the
				policies and procedures of the department of ecology in regard to the
				protection of the occurrence and availability of groundwater within the upper
				aquifers or upper aquifer zones where there are multiple aquifer systems.
				Consistent therewith, the department shall manage the state's groundwater
				resources in a manner that protects, to the extent practicable, the upper
				aquifers of multiple aquifer systems from depletions, excessive water level
				declines or reductions in water quality, and which recognizes that the highest
				and best use of the waters of limited capacity aquifers may be for domestic,
				stockwater and other similar uses and for the preservation of spring and stream
				flows.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-020, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-030 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the department of ecology
				pursuant to chapters 18.104,
				43.21A,
				90.44 and
				90.54 RCW.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-030, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter the following definitions
				shall apply:
(1) "Department" means
			 the Washington state department of ecology.
(2) "Groundwater right" means an
			 authorization to use groundwater established pursuant to
			 chapter
			 90.44 RCW, state common or
			 statutory law existing prior to the enactment of
			 chapter
			 90.44 RCW, or federal
			 law.
(3) "Withdrawal facilities"
			 means and includes any well, infiltration trench or other excavation that is
			 drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed,
			 together with the casing, screen, pump, pump column, motor and related
			 equipment which is used for the withdrawal of groundwater.
(4) "Aquifer" means any geologic formation
			 that will yield water to a well or other withdrawal facilities in sufficient
			 quantity for beneficial use.
(5)
			 "Groundwater" 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,
			 whatever may be the geological formation or structure in which such water
			 stands or flows, percolates or otherwise moves.
(6) "Multiple aquifer system" means any
			 geologic formation(s) which contains distinct aquifers at different depths that
			 exhibit a significant degree of local or regional hydraulic
			 separation.
(7) "Upper aquifer
			 zone" means all aquifers within a multiple aquifer system lying between the
			 land surface and a depth or geologic formation, as determined by the department
			 consistent with the purposes of this chapter, or as set forth in the
			 groundwater subarea management program for the area, if one exists.
(8) "Lower aquifer zone" means any aquifers
			 occurring at a depth below the upper aquifer zone, as determined by the
			 department, or as set forth in the groundwater subarea management program for
			 the area, if one exists.
(9)
			 "Cascading waters" means any groundwaters which fall or flow through a well or
			 other withdrawal facilities, from one groundwater aquifer to another.
(10) "Rehabilitation of withdrawal
			 facilities" means the work necessary to reconstruct or modify existing
			 withdrawal facilities in order to bring them into conformance with applicable
			 laws, regulations, permit or certificate provisions and orders of the
			 department.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-040, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-050 - Protection of upper aquifer zones

Current through Register Vol. 24-14, July 15, 2024
In any multiple aquifer system, where the department determines
				that the uppermost aquifers or upper aquifer zone will not sustain large volume
				groundwater withdrawals without exceeding the safe sustaining yield or causing
				(1) adverse effects to existing water rights, (2) an unreasonable drop in the
				water table, (3) permanent damage to the aquifer through depletion of the
				aquifer or zone, (4) an impairment of the beneficial use of the groundwaters
				arising from a modification of the water quality, or (5) depletions of spring
				or stream flows, the department shall require new or additional large volume
				withdrawals to be restricted to a lower aquifer zone. Permits for withdrawals
				of water from such lower aquifer zones may specify an approved manner of
				construction of the withdrawal facilities, including but not limited to, a
				minimum and maximum well depth, specific casing and sealing requirements, and
				the construction of monitoring wells for the purpose of periodic measurements
				in areas where the aquifers cannot be readily monitored through the use of
				existing wells.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-050, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-060 - Inspections and tests

Current through Register Vol. 24-14, July 15, 2024
The department may require inspections and/or tests of
				withdrawal facilities prior to their use in order to ensure compliance with any
				construction requirements imposed by the department pursuant to this chapter.
				Such inspections and tests shall be performed at the expense of the holder of
				the permit, except that there shall be no charge for any portions of such tests
				or inspections which are performed by department employees. If it is the
				determination of the department that the facilities are not properly
				constructed or that the facilities may adversely affect the upper aquifers or
				upper aquifer zone, the department may (1) require further construction and/or
				testing of the facilities, or (2) require abandonment of the facilities in
				accordance with chapter 173-160 WAC, or (3) revoke the
				permit.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-060, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-070 - Rehabilitation of withdrawal facilities

Current through Register Vol. 24-14, July 15, 2024
The department may require the rehabilitation of existing
				withdrawal facilities if it finds that the facilities were not constructed or
				are presently not in accordance with the permit provisions, if any, or the
				applicable laws and regulations of the department which were in effect at the
				time of construction of the facilities, and that the withdrawal of waters from
				such facilities will adversely affect the upper aquifers or upper aquifer zone.
				The department shall allow a reasonable period for completion of such
				rehabilitation.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-070, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-080 - Deepening of withdrawal facilities

Current through Register Vol. 24-14, July 15, 2024
At any time that the holder of a valid groundwater right
				proposes to deepen a withdrawal facility, the modification of the facility
				shall be made in such a manner as to preclude the occurrence of cascading
				waters. Such a facility shall not be deepened to tap a different body of public
				groundwater, or a different aquifer zone where such zones have been determined
				by the department, without further appropriate authorization from the
				department.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-080, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-090 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply to all groundwater
				rights under state jurisdiction, except that WAC
				173-154-050 and
				173-154-060 shall apply only to
				permits issued or other groundwater rights established subsequent to the
				effective date of this chapter and to withdrawal facilities which are the
				subject of an application for change of water right filed pursuant to
				RCW
				90.44.100 subsequent to the effective date of
				this chapter.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-090, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-095 - 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),
				  § 173-154-095, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-100 - 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),
				  § 173-154-100, filed 6/9/88. Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-100, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-105 - 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),
				  § 173-154-105, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-154 - Protection of upper aquifer zones › Section 173-154-110 - Existing laws and regulations not affected

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall be construed to limit in any
				manner the authority of the department to administer and enforce the existing
				water resources laws of the state, including but not limited to chapters
				18.104, 90.03,
				90.36,
				90.44,
				90.48 and
				90.54 RCW, and regulations
				promulgated thereunder.
Statutory Authority:
				  Chapters
				  90.44 and
				  90.54 RCW. 85-12-018 (Order 84-45),
				  § 173-154-110, filed 5/29/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part I - INTRODUCTION › Section 173-157-010 - What is the purpose of this rule?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to establish the standards for
				  review of applications for underground artificial storage and recovery projects
				  and, when necessary, to identify options for mitigation of potential adverse
				  impacts to groundwater quality or the environment. The rule also outlines the
				  process the department of ecology will use to evaluate applications and issue
				  permits to artificially store water in underground geological formations and
				  subsequently recover it for beneficial use.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-010, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part I - INTRODUCTION › Section 173-157-020 - What is the authority for this rule?

Current through Register Vol. 24-14, July 15, 2024
In 2000, the Washington state legislature passed Engrossed
				  Second Substitute House Bill 2867 (E2SHB 2867), which amended
				  chapters
				  90.03 and
				  90.44 RCW. This bill expanded the
				  definition of "reservoir" in
				  RCW
				  90.03.370 to include "any naturally occurring
				  underground geological formation where water is collected and stored for
				  subsequent use as part of an underground artificial storage and recovery
				  project." Projects of this type are more commonly known as "aquifer storage and
				  recovery" or "ASR" projects. The legislation directed the department to adopt
				  rules establishing the "standards for review and standards for mitigation of
				  adverse impacts for an underground artificial storage and recovery project."
				  The department of ecology promulgates this rule under the authorities provided
				  in chapter 34.05
				  RCW and RCW 90.03.370.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-020, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part I - INTRODUCTION › Section 173-157-030 - To whom does this rule apply?

Current through Register Vol. 24-14, July 15, 2024
This rule applies to any firm, association, water users'
				  association, corporation, irrigation district, municipal corporation, or anyone
				  else that intends to obtain a reservoir permit to develop an underground
				  artificial storage and recovery project pursuant to
				  RCW
				  90.03.370. This chapter does not apply to
				  projects utilizing irrigation return flow, or to operational and seepage losses
				  that occur during the irrigation of land, or to water that is artificially
				  stored due to the construction, operation, or maintenance of an irrigation
				  district project, or to projects involving water reclaimed in accordance with
				  chapter 90.46 RCW.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-030, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part I - INTRODUCTION › Section 173-157-050 - What authorization is required for an ASR project?

Current through Register Vol. 24-14, July 15, 2024
The following permits or authorizations are required:
(1)
Water rights to source
				waters.
(a) Any source water you use
				as part of a project by diverting from a state watercourse or withdrawing state
				groundwaters, must be obtained under a valid water right permit, certificate,
				or registered water right claim.
(b) The underlying water right specifies
				authorized uses. Any proposal to use stored water for different uses will
				require issuance of a secondary permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-100 - What should I know before I apply?

Current through Register Vol. 24-14, July 15, 2024
(1) You must assess potential impacts to the
				hydrogeologic system and the environment prior to submitting your application.
				If your application does not describe the general setting and conditions with
				sufficient information for the department to assess the application, the
				department may require you to perform a detailed feasibility study. This
				feasibility study should reduce uncertainty of the impacts, and better quantify
				the available storage capacity of the aquifer.
(2) To further reduce uncertainty, you must
				design a pilot phase for the project, to be used to collect data that will be
				used to validate the conceptual model, monitor efficacy, and adjust the
				monitoring, operation, and mitigation plans based upon results. The duration of
				this phase will be determined by the complexity of the project and stated
				within the reservoir permit.
(3)
				You may schedule a preapplication meeting with the department to discuss the
				project plan and likely requirements for monitoring and mitigation.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-100, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-110 - What types of information will I need to provide as part of my application?

Current through Register Vol. 24-14, July 15, 2024
Your application for an ASR project must contain, at a
				  minimum:
(1) A description (conceptual
				model) of the hydrogeologic system (see WAC
				173-157-120 ) prepared by a
				hydrogeologist licensed in the state of Washington.
(2) A project operation plan (see WAC
				173-157-130 ) with a description
				of the pilot and operational phases of the ASR project prepared by an engineer
				or geologist licensed in the state of Washington.
(3) A description of the legal framework (see
				WAC 173-157-140 ) for the proposed
				project.
(4) An environmental
				assessment and analysis (see WAC
				173-157-150 ) of any potential
				adverse conditions or potential impacts to the surrounding ecosystem(s) that
				might result from the project, along with a plan to mitigate such conditions or
				impacts.
The environmental assessment will establish whether a
				  determination of nonsignificance or an environmental impact statement is
				  required per SEPA regulations.
(5) A project mitigation plan (see WAC
				173-157-160 ), if
				required.
(6) A project monitoring
				plan (see WAC
				173-157-170 ).
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-110, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-120 - What must I include in the hydrogeologic system description?

Current through Register Vol. 24-14, July 15, 2024
Your hydrogeologic system description must include a
				  conceptual hydrogeologic model that describes:
(1) The aquifer targeted for storage, to
				include at a minimum estimates for:
(a)
				Lateral and vertical extent;
(b)
				Whether the aquifer is confined or unconfined;
(c) Permeability;
(d) Total storage volume available;
(e) Effective hydraulic
				conductivity;
(f) Transmissivity;
				and
(g) Potential for
				physio-chemical changes in the aquifer or vadose zone as a consequence of
				recharge.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-130 - What must I include in the project operation plan?

Current through Register Vol. 24-14, July 15, 2024
Your project operation plan should include, at a minimum, the
				  following information:
(1) The
				quantity and times of year source water is available for recharge.
(2) The proposed rate of injection and
				withdrawal of water.
(3) The length
				of time the water is proposed to be stored.
(4) The location, number, and capacity of
				proposed recharge wells or infiltration basins, and recovery
				facilities.
(5) Any variability in
				quality and reliability of the source water.
(6) A description of any water treatment
				method(s) you will use at the time of injection and recovery to ensure
				compliance with the water quality standards set forth in chapter 173-200 WAC,
				as well as the department's antidegradation policy.
(7) Any plans to discharge ASR water to a
				surface body should include information on the quantity, timing, duration, and
				water quality parameters such as chlorine, pH and dissolved oxygen of the ASR
				discharge water.
(8) Any operation
				and maintenance plans to discharge groundwater and suspended sediment from the
				ASR well shall provide information on the quantity, duration, quality, and
				means of discharge.
(9)
				Destination(s) and permitting for water used for operation and maintenance
				(e.g., flushing water).
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-130, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-140 - What must I include in the description of the legal framework?

Current through Register Vol. 24-14, July 15, 2024
Your description of the legal framework should include, at a
				  minimum:
(1) Documentation of the
				water rights for the source waters intended to be stored for the proposed ASR
				project.
(2) A list of other water
				rights within the ASR project area.
(3) Instream flows established by the
				department or stream closures in the vicinity of the point of
				diversion/withdrawal of the source water and/or within the ASR project
				area.
(4) Ownership and control of
				any facilities to be used for the proposed project.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-140, filed 1/15/03, effective
					 2/15/03.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-150 - What must I include in the environmental assessment and analysis?

Current through Register Vol. 24-14, July 15, 2024
Your environmental assessment and analysis must, at a
				  minimum, describe:
(1) The environment
				within the ASR project area, including:
(a)
				Proximity to contaminated areas;
(b) Present and prior land use(s) within the
				ASR project area;
(c) Location(s)
				of historical or existing wetland habitat(s);
(d) Location(s) of historical or existing
				flood plain(s);
(e) Location(s) of
				historical or existing surface water body or spring, including documented:
(i) Base flows;
(ii) Seven-day low flows;
(iii) Maximum flows.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-157 - Underground artificial storage and recovery › Part II - APPLICATION PROCESS › Section 173-157-160 - What must I include in the project mitigation plan?

Current through Register Vol. 24-14, July 15, 2024
Your project mitigation plan, if necessary, must be reviewed
				  and approved or prepared by an appropriately experienced engineer licensed in
				  the state of Washington. The mitigation plan shall prescribe actions to be
				  taken to prevent adverse impacts to the environment and methods for evaluation
				  of the effectiveness of these actions.
Statutory Authority:
					 RCW
					 90.03.370(2)(b) and
					 90.44.460. 03-03-081 (Order
					 02-06), § 173-157-160, filed 1/15/03, effective
					 2/15/03.