reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-528 - Water resources management program for the Salmon-Washougal basin, WRIA 28 › Part C - FUTURE WATER RIGHTS › Section 173-528-120 - Priority dates of reservation and repeal of chapter 173-592 WAC

Current through Register Vol. 24-14, July 15, 2024
(1) The reservation
				created in WAC
				173-528-110 is not subject to the
				instream flows or closures set in this chapter, and the priority date of the
				reservation for all areas outside Clark County is the effective date of this
				chapter.
(2) Ecology hereby
				transfers unappropriated water from the existing reservation for Clark County
				in WAC 173-592-070 in such quantities and to the users and areas of use in
				Clark County as set forth in WAC
				173-528-110, Table IV and WAC
				173-527-110, Table V. Pursuant to
				this transfer, the priority date of withdrawals from all Clark County portions
				of the reservation in WAC
				173-528-110 is August 13, 1986.
				However, the designation of specific municipal suppliers in this reservation
				does not create a right for these entities to use such water. Such a right will
				arise only if a permit is applied for by such municipal suppliers to use water
				under the reservation and approved by ecology after applying the legal tests
				for a new appropriation. With respect to any water for which a permit has not
				been granted, ecology reserves the right to modify in all respects or rescind
				the reservation by future rule making.
(3) Based on new information made available
				through the local watershed planning process and hydrologic conditions as of
				the time of this rule making, ecology has determined that the remaining water
				reserved under WAC 173-592-070, which was not transferred in subsection (2) of
				this section or previously appropriated is no longer supported by available
				information and science. Therefore, chapter 173-592 WAC is hereby repealed in
				its entirety and all water reserved under that rule that has not been
				transferred or appropriated is hereby returned to the state. This repeal is not
				intended to affect any existing water rights issued under the
				reservation.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-120, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-528 - Water resources management program for the Salmon-Washougal basin, WRIA 28 › Part C - FUTURE WATER RIGHTS › Section 173-528-130 - Accounting for use under the reservation

Current through Register Vol. 24-14, July 15, 2024
(1) A record of all appropriations from the
				reservation shall be maintained by ecology.
(2) For an appropriation under a permit,
				ecology will account for water use under the reservation based on authorized
				quantities under water right permits or certificates, and according to WAC
				173-528-110(5).
(3) For permit-exempt groundwater
				appropriations, ecology will deduct a standard amount of two hundred forty
				gallons per day for each well. For a group domestic water system under the
				permit-exemption, the standard amount will be applied for each domestic or
				residential service connection. The standard amount will be adjusted
				periodically to reflect actual use during low flow conditions. The standard
				amount assumes a rate of septic recharge from an on-site septic system. In the
				event that on-site septic recharge is known not to occur, ecology will deduct
				an additional five hundred sixty gallons per day. Additionally, ecology
				reserves the right to account for water use based on the best available
				information contained in well logs, approvals issued by local jurisdictions, or
				other documents.
(4) If a water
				user under the reservation subsequently abandons or relinquishes the
				withdrawal, ecology will credit back to the reservation the actual amount of
				water used and/or debited from the reservation, upon demonstration to ecology
				that the well or surface water diversion has been decommissioned through
				written certification.
(5) Ecology
				shall notify either Clark or Skamania County and the planning unit, when it
				determines that fifty percent, seventy-five percent, and one hundred percent,
				respectively, of the reservation is appropriated for a water user in Table
				IV.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-130, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-528 - Water resources management program for the Salmon-Washougal basin, WRIA 28 › Part C - FUTURE WATER RIGHTS › Section 173-528-140 - Future surface water withdrawals for environmental restoration

Current through Register Vol. 24-14, July 15, 2024
In keeping with the findings of the watershed plan, ecology
				  finds that the public interest advanced by future withdrawals for ERPs, as
				  defined and conditioned in this section, clearly overrides the minimal negative
				  impacts on instream flows.
(1) A
				future withdrawal for an ERP may be approved only if it meets all the
				following:
(a) The proposed water use is for
				a bypass flow for salmonid restoration or riparian planting project, and the
				primary purpose of the project is restoration of salmonids.
(b) The proposed project will result in
				aquatic habitat benefits, and such benefits will exceed any detriment to
				aquatic habitat that may be caused by reductions in flow at specific locations
				and times of withdrawal.
(c) The
				proposed use qualifies for a temporary permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted in accordance with the water resources
				management regulation, chapter 173-500 WAC, which was promulgated under the
				authority of the Water Resources Act of 1971,
				chapter
				90.54 RCW. This chapter
				applies to the surface waters of the John Day and McNary Pools of the Columbia
				River and the Lower Snake River.
Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-010, filed 6/24/80. Formerly WAC
				  173-531-010.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following definitions
				shall be used.
(1) "Department" means
			 the Washington state department of ecology.
(2) "Reservation" means the designation of
			 specific amounts of the water resources for specific future beneficial
			 uses.
(3) "John Day/McNary Pools
			 Reach," means that part of the Columbia River from John Day Dam upstream to the
			 upper limits of McNary Pool including the upper limits of the pool in the Snake
			 River, the Yakima River, and the Walla Walla River. This reach extends from
			 river mile 216 to river mile 352 of the Columbia River, and includes the lower
			 10 miles of the Snake River, the lower 6 miles of the Yakima River, and the
			 lower 9 miles of the Walla Walla River.
Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-020, filed 6/24/80. Formerly WAC
				  173-531-020.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-030 - Existing water rights protected

Current through Register Vol. 24-14, July 15, 2024
Nothing in the chapter shall be construed to lessen, enlarge,
				or modify existing rights acquired by appropriation or by other means,
				including federal reserved rights.
Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-030, filed 6/24/80. Formerly WAC
				  173-531-030.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-040 - Reservation for future irrigation use

Current through Register Vol. 24-14, July 15, 2024
(1) One million three hundred twenty thousand
			 acre-feet per year are hereby reserved from the John Day/McNary Pools reach to
			 provide a water supply for the 330,000 acres of irrigation projected to be
			 developed by the year 2020. The 330,000 acres includes lands under existing
			 water right permits, pending applications and land for which appropriation
			 applications have not yet been filed.
(2) The priority dates of existing permits
			 and applications already on file covered by the reservation are the dates of
			 filing with the department. The priority dates of permits issued under
			 applications filed in the future under the reservation shall be the effective
			 date of this regulation (see
			 RCW
			    90.03.345).
(3) Waters represented by canceled or
			 relinquished applications and permits will still be considered reserved and may
			 be subsequently filed on by interested appropriators.
Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-040, filed 6/24/80. Formerly WAC
				  173-531-040.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-050 - Reservation for municipal use

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Twenty-six thousand acre-feet of water per year is reserved from the John
			 Day/McNary Pools reach to provide for future municipal supply to the year
			 2020.
(2) The reservation for
			 municipal use does not guarantee any existing or future supply entity a
			 specific quantity of water. Municipal water supply utilities must petition the
			 department for reservation of water, for their particular needs, according to
			 procedures of chapter 173-590 WAC.
(3) The priority dates of water right filings
			 under the municipal reservation shall be the effective date of this
			 regulation.
Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-050, filed 6/24/80. Formerly WAC
				  173-531-050.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-060 - Permit conditions

Current through Register Vol. 24-14, July 15, 2024
All permits issued for waters reserved under WAC
				173-531A-040 or
				173-531A-050 after the effective
				date of this chapter and prior to July 27, 1997, shall be subject to the
				provisions of chapter 173-563 WAC - instream resources protection program for
				the main stem Columbia River in Washington state. Any application for waters
				reserved under WAC
				173-531A-040 or
				173-531A-050 which is considered
				for approval or denial after July 27, 1997, will be evaluated for possible
				impacts on fish and existing water rights. The department will consult with
				appropriate local, state, and federal agencies and Indian tribes in making this
				evaluation. Any permit which is then approved for the use of such waters will
				be, if deemed necessary, subjected to instream flow protection or mitigation
				conditions determined on a case-by-case basis through the evaluation conducted
				with the agencies and tribes.
Statutory Authority:
				  Chapter
				  90.54 RCW, WAC
				  173-563-090 and ESHB 1110 (1997).
				  98-08-062 (Order 97-15), § 173-531A-060, filed 3/30/98, effective 4/30/98.
				  Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-060, filed 6/24/80. Formerly WAC
				  173-531-060.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-070 - Department to review regulation

Current through Register Vol. 24-14, July 15, 2024
(1) The department, in accordance with
			 applicable statutory provisions, shall review the reservations for future
			 irrigation use and future municipal use at least every five years after
			 adoption of this management regulation.
(2) In reviewing the reservations, the
			 department will evaluate the account of water rights established under the
			 reservations as provided in WAC
			 173-531A-040(3) and 173-531A-050(2).
			 The department will also evaluate and update the accounts of groundwater
			 development and use on lands relating to the reserved waters and reduce the
			 reserved amounts of surface water.
Statutory Authority:
				  Chapter
				  90.54 RCW. 80-08-022
				  (Order DE 80-19), § 173-531A-070, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-080 - 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 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-531A-080, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-531A - Water resources program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37 › Section 173-531A-090 - 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 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-531A-090, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)
			 This chapter is adopted in accordance with the Watershed Planning Act (chapter
			 90.82 RCW), Water Resources Act of 1971 (chapter
			 90.54 RCW), Minimum Water
			 Flows and Levels Act (chapter 90.22 RCW), Regulation of public groundwaters
			 (chapter
			 90.44 RCW), Water code
			 (chapter
			 90.03 RCW), and the water
			 resources management regulation, chapter 173-500 WAC, which was adopted under
			 the authority of the Water Resources Act of 1971,
			 chapter
			 90.54 RCW.
(2) This chapter applies to the management of
			 all waters within the Walla Walla River drainage basin located in Washington
			 state.
(3) This chapter shall not
			 affect existing water rights, unless otherwise provided for in the conditions
			 of the water right in question. It shall also not affect federal Indian and
			 non-Indian reserved rights.
(4) The
			 department shall initiate a review of this chapter whenever new information,
			 changing conditions, or statutory modifications make it necessary to consider
			 revisions.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 07-17-007 (Order 04-08),
				  § 173-532-010, filed 8/2/07, effective 9/5/07; Order DE 77-30, §
				  173-532-010, filed 12/14/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-025 - Establishment of stream management units

Current through Register Vol. 24-14, July 15, 2024
The department hereby establishes the following stream
				management units (Table I). The boundaries of the management units are shown in
				WAC 173-532-120.
Table I
Stream Management Unit Information
Stream Management Unit Name; Management Point
							 (MP) No.; Control Station Gage No.
Control Station by River Mile (RM); Section;
							 Township and Range; Latitude (Lat.) and Longitude (Long.)
Stream Management Reach
							 Description
Mill Creek MP 1 (Mill Creek at Kooskooskie) USGS Gage
							 No. 14013000
RM 21.2;
Section 12;
T6N, R37E;
46°00'29"N,
118°07'03"W
Mill Creek at confluence with Walla Walla River
							 (Walla Walla River, RM 33) to headwaters, including tributaries.
Walla Walla River MP 5a (Walla Walla River at Detour
							 Road) Department Gage No. 32A100
RM 32.4;
Section 31;
T7N, R35E;
46°02'36"N,
118°29'24"W
Walla Walla River, RM 32.4 (below confluence of Walla
							 Walla River and Mill Creek) to state line at Walla Walla, including
							 tributaries.
North Fork Touchet River MP 6a (North Fork Touchet
							 above Dayton) Department Gage No. 32E050
RM 0.5;
Section 32;
T10N, R39E;
46°17'50"N, 117°57'04"W
Mouth of North Fork Touchet River to headwaters,
							 including tributaries.
Touchet River
MP 11 (Touchet River at Bolles)
Department Gage No. 32B100
RM 40.4;
Section 7;
T9N, R37E;
46°16'27"N, 118°13'12"W
Touchet River, RM 40.1 to RM 54.9 (confluence of
							 North Fork Touchet River and South Fork Touchet River), including tributaries,
							 excluding North Fork Touchet River and its tributaries.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 07-17-007 (Order 04-08),
				  § 173-532-025, filed 8/2/07, effective
				  9/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-030 - Establishment of instream flows

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 instream flows established in this chapter are based on the recommendations of
			 the planning unit; consultation with the departments of fish and wildlife,
			 agriculture, and community, trade, and economic development; the Confederated
			 Tribes of the Umatilla Indian Reservation; and public input received during the
			 rule-making process.
(2) Instream
			 flows established here are water rights, which protect stream flows from future
			 consumptive appropriations. The instream flow recommendations submitted by the
			 planning unit received the unanimous vote of the planning unit. In accordance
			 with RCW
			    90.82.080(2)(a), and
			 unanimous vote of the planning unit, the priority date of the instream flows is
			 the effective date of this chapter.
(3) Instream flow rights shall be protected
			 from impairment by junior water rights and by all future changes and transfers
			 of senior and junior water rights.
(4) Instream flows, expressed in cubic feet
			 per second (cfs), are measured at the management points identified in WAC
			 173-532-025. For reaches that do
			 not have management points, the flows established for the nearest management
			 point or points (where a tributary with a management point contributes to such
			 flow) apply to those reaches.
(5)
			 Instream flows are established for the stream management units in WAC
			 173-532-025, as indicated in
			 Table II.
Table II
Instream Flows in the Walla Walla River
				Basin
(cubic feet per second)
Stream Management Unit
Month
Mill Creek
MP 1 (Mill Creek at Kooskooskie),USGS Gage No.
							 14013000
Walla Walla River
MP 5a (Walla Walla River at Detour Road), Department
							 Gage No. 32A100
North Fork Touchet River,
MP 6a (North Fork Touchet above Dayton), Department
							 Gage No. 32E050
Touchet River
MP 11 (Touchet River at Bolles), Department Gage No.
							 32B100
January
110
250
95
150
February
125
250
95
150
March
150
350
125
200
April
150
350
125
200
May
125
250
125 Closure
200 Closure
June
100 Closure
Closure
95 Closure
125 Closure
July
53 Closure
Closure
65 Closure
74 Closure
August
41 Closure
Closure
53 Closure
48 Closure
September
41 Closure
Closure
51 Closure
56 Closure
October
48 Closure
Closure
63 Closure
82 Closure
November
100 Closure
Closure
95 Closure
150 Closure
December
110
250
95
150
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 07-17-007 (Order 04-08),
				  § 173-532-030, filed 8/2/07, effective 9/5/07; Order DE 77-30, §
				  173-532-030, filed 12/14/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-040 - Surface and groundwater closed to further consumptive appropriations

Current through Register Vol. 24-14, July 15, 2024
(1) Based on
			 historical and current low flows and water withdrawals by existing water right
			 holders, the department has determined that no waters are available for new
			 consumptive uses during periods of low surface water flows. Therefore, all
			 rivers and streams in the basin are seasonally closed to any further
			 consumptive appropriation from May 1 to November 30 with the exception that the
			 Walla Walla River and all of its tributaries between Stateline and Detour Road
			 at MP 5a, and Mill Creek and all of its tributaries from the confluence with
			 the Walla Walla to the headwaters shall be closed from June 1 to November
			 30.
(2) Based on the hydrogeology
			 of the basin, the department finds that gravel aquifers in the basin are
			 hydraulically connected to surface waters in the basin. Therefore, the gravel
			 aquifers are closed. Exception to this closure is provided for future
			 permit-exempt groundwater withdrawals as prescribed in WAC
			 173-532-050 and for
			 nonconsumptive groundwater use as prescribed in WAC
			 173-532-045. The closure does not
			 affect the construction of a replacement well or new additional well or wells
			 consistent with the conditions set in
			 RCW
			    90.44.100.
(3) Future permits to withdraw surface water
			 during nonclosure periods, shall be limited to environmental enhancement
			 projects as described in WAC
			 173-532-055.
(4) All unappropriated surface waters and
			 groundwater from the gravel aquifer for which an exception to the closure does
			 not apply, are hereby appropriated during the above periods of closure for
			 purposes of protecting and preserving fish and wildlife and other instream
			 values.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 07-17-007 (Order 04-08),
				  § 173-532-040, filed 8/2/07, effective 9/5/07; Order DE 77-30, §
				  173-532-040, filed 12/14/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-045 - Future permitting actions

Current through Register Vol. 24-14, July 15, 2024
Surface and groundwater permits may be issued only if
				consistent with the requirements of the surface and groundwater statutes and
				other applicable requirements of law and if any one of the following conditions
				apply:
(1) The proposed water use is
			 nonconsumptive.
(2) The proposed
			 groundwater use is from the basalt aquifer and will not:
(a) Impair existing water rights;
(b) Affect any closed surface source where
			 instream flows have not been established; and
(c) Affect any closed gravel
			 aquifer.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-050 - Protection of surface water rights from future permit-exempt groundwater appropriations from the gravel aquifer

Current through Register Vol. 24-14, July 15, 2024
Where connection to an existing municipal water supply cannot
				be provided in a timely and reasonable manner, the following exceptions to the
				gravel aquifer closures in WAC
				173-532-040 shall apply:
(1) Permit exempt withdrawals for purposes
			 other than stockwatering may occur in the area that drains to the Snake and
			 Columbia rivers (Burbank area), consistent with the requirements set in
			 RCW
			    90.44.050.
(2) Permit exempt withdrawals may occur in
			 areas with a zoned density equal to or more dense than one residence per ten
			 acres (high density areas). However, future withdrawals from the gravel aquifer
			 in the high density areas shall be limited to only domestic uses and outdoor
			 uses, such as irrigation of lawn and noncommercial garden, outdoor washing,
			 etc. Outdoor uses for the purposes of this subsection do not include
			 stockwatering. The total amount of water that may be withdrawn shall not exceed
			 the amounts specified in (a) and (b) of this subsection.
(a) For any one residence, one thousand two
			 hundred fifty gallons a day (1,250 gpd).
(b) For multiple residences that are part of
			 a group use in addition to the limitations in (a) of this subsection, the
			 combined maximum water withdrawal for the development shall not exceed five
			 thousand gallons per day (5,000 gpd).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-055 - Future surface water withdrawals for environmental enhancement projects

Current through Register Vol. 24-14, July 15, 2024
The department finds there may be water available above
				existing water rights and instream flows that could be captured for
				environmental enhancement projects. This water is only available at specific
				locations where instream flows are established and during the nonclosure
				periods, as specified in Table III. A surface water withdrawal for an
				environmental enhancement project ("EEP") may be approved if it meets all of
				the following:
(1) EEP may be
			 sponsored only by:
(a) The Confederated
			 Tribes of the Umatilla Indian Reservation;
(b) A municipal governments located within
			 Walla Walla or Columbia counties;
(c) An irrigation district or ditch company
			 within the watershed;
(d) The
			 Washington department of fish and wildlife;
(e) A conservation district within the
			 watershed;
(f) A quasi-governmental
			 organization within the watershed; or
(g) A nonprofit organization within the
			 watershed.
(h) Individual
			 landowners may qualify as a sponsor only when the said landowner is a
			 participant in a project sponsored by one or more of the aforementioned
			 qualifying sponsors.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-090 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall prepare and make available to the public, technical and
			 educational information regarding the scope and requirements of this chapter.
			 This is intended to assist the public in complying with the requirements of
			 their water rights and applicable water laws and rules.
(2) When the department determines that a
			 violation of this chapter has occurred, it shall:
(a) First attempt to achieve voluntary
			 compliance, except in appropriate cases involving potential harm to other water
			 rights or the environment. An approach to achieving voluntary compliance is to
			 offer information and technical assistance to a violator. The information or
			 technical assistance identifies, in writing, one or more means to accomplish
			 the person's purposes within the framework of the law.
(b) If education and technical assistance do
			 not achieve compliance, the department has the authority to issue a notice of
			 violation, a formal administrative order under
			 RCW
			    43.27A.190, or assess penalties under
			 RCW
			    43.83B.336,
			 90.03.400,
			 90.03.410,
			 90.03.600,
			 90.44.120 and
			 90.44.130.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-100 - 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 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-532-100, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32 › Section 173-532-120 - Map

Current through Register Vol. 24-14, July 15, 2024
For the purpose of administering this chapter, the boundaries
				of the Walla Walla River basin identified in the figure below are presumed to
				accurately reflect the basin located within Washington state.
Click to view
							 image
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 07-17-007 (Order 04-08),
				  § 173-532-120, filed 8/2/07, effective
				  9/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to withdraw from appropriation all
				unappropriated groundwater within upper Kittitas County pending completion of a
				groundwater study. New groundwater withdrawals will be limited to those that
				are water budget neutral, as defined in this rule.
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-010, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW    90.54.050 provides that when
				lacking enough information to support sound decisions, ecology may withdraw
				waters of the state from new appropriations until sufficient information is
				available. Before withdrawing waters of the state, ecology must consult with
				standing committees of the legislature on water management. Further,
				RCW
				   90.44.050 authorizes ecology to establish
				metering requirements for permit-exempt wells where needed.
In 1999, ecology imposed an administrative moratorium on
				issuing any groundwater permits for new consumptive uses in the Yakima basin,
				which includes Kittitas County. That moratorium did not apply to permit-exempt
				withdrawals. In 2007, ecology received a petition seeking unconditional
				withdrawal of all unappropriated groundwater in Kittitas County until enough is
				known about potential effects from new permit-exempt wells on senior water
				rights and stream flows. Ecology consulted with standing committees of the
				Washington state legislature on the petition and proposed withdrawal. Ecology
				rejected the proposed unconditional withdrawal, and instead signed a memorandum
				of agreement (MOA) with Kittitas County. Ecology proposed a rule in January
				2009 and Kittitas County questioned ecology's authority for the proposed rule.
				Ecology later invoked the dispute resolution process under the MOA and the MOA
				was later terminated.
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-020, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-025 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This rule applies to new uses of groundwater relying on the
				authority of the exemption from permitting found at
				RCW
				   90.44.050, as defined in WAC
				173-539A-030, and to any new
				permit authorizing the withdrawal of public groundwater within the upper
				Kittitas area boundaries issued on or after July 16, 2009.
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-025, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-027 - Advisory

Current through Register Vol. 24-14, July 15, 2024
All unmitigated withdrawals that began after May 10, 1905, may
				be subject to future curtailment due to conflicts with senior water rights. All
				unmitigated users are advised to obtain mitigation through senior trust water
				rights to avoid such curtailment.
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-027, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-040 - Withdrawal of unappropriated water in upper Kittitas County

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning on
			 the effective date of this rule, all public groundwaters within the upper
			 Kittitas County are withdrawn from appropriation. No new appropriation or
			 withdrawal of groundwater may occur, including those exempt from permitting,
			 except:
(a) Uses of groundwater for a
			 structure for which a building permit is granted and the building permit
			 application vested prior to July 16, 2009; and
(b) Uses determined to be water budget
			 neutral under WAC
			 173-539A-050.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-050 - Water budget neutral projects

Current through Register Vol. 24-14, July 15, 2024
(1) Persons proposing a new use of
			 groundwater shall apply to ecology for a permit to appropriate public
			 groundwater or, if seeking to rely on the groundwater permit-exemption, shall
			 submit to ecology a request for determination that the proposed permit-exempt
			 use would be water budget neutral.
(2) As part of a permit application to
			 appropriate public groundwater or a request for a determination of water budget
			 neutrality, applicants or requestors shall include the following information:
(a) Identification of one or more water
			 rights that would be placed into the trust water right program to offset the
			 consumptive use (as calculated pursuant to subsection (3) of this section)
			 associated with the proposed new use of groundwater;
(b) A site map;
(c) The area to be irrigated (in
			 acres);
(d) A soil report, if
			 proposed discharge is to a septic system and the applicant or requestor
			 proposes to deviate from the values in subsection (3) of this
			 section;
(e) A property covenant
			 that prohibits trees or shrubs over the septic drain field; and
(f) A copy of the sewer utility agreement, if
			 the proposed wastewater discharge is to a sanitary sewer system.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-060 - Expedited processing of trust water applications, and new water right applications or requests for a determination of water budget neutrality associated with trust water rights

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			    90.42.100 authorizes ecology to use the trust
			 water right program for water banking purposes within the Yakima River
			 Basin.
(2) Ecology may expedite the
			 processing of an application for a new water right or a request for a
			 determination of water budget neutrality under Water Resources Program
			 Procedures PRO-1000, Chapter One, including any amendments thereof, if the
			 following requirements are met:
(a) The
			 application or request must identify an existing trust water right or pending
			 application to place a water right in trust, and such trust water right would
			 have an equal or greater contribution to flow during the irrigation season, as
			 measured on the Yakima River at Parker that would serve to mitigate the
			 proposed use. This trust water right must have priority earlier than May 10,
			 1905, and be eligible to be used for instream flow protection and mitigation of
			 out-of-priority uses.
(b) The
			 proposed use on the new application or request must be for domestic, group
			 domestic, lawn or noncommercial garden, municipal water supply, stock watering,
			 or industrial purposes within the Yakima River Basin. The proposed use must be
			 consistent with any agreement governing the use of the trust water
			 right.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-070 - Measuring and reporting water use

Current through Register Vol. 24-14, July 15, 2024
(1) For residential uses (domestic use and
			 irrigation of not more than 1/2 acre of noncommercial lawn and garden) of
			 groundwater within upper Kittitas County that begin after July 8, 2008, a meter
			 must be installed for each residential connection or each source well that
			 serves multiple residential connections in compliance with the requirements of
			 WAC 173-173-100.
(2) For all other uses within upper Kittitas
			 County that begin after November 25, 2009, including permit-exempt uses, a
			 meter must be installed for each source well in compliance with such
			 requirements as prescribed in WAC
			 173-173-100.
(3) Water users must collect metering data
			 for each recording period. The following table shows the five recording periods
			 during each water year (October 1 through September 30):
Recording Period
October 1
-
March 31
April 1
-
June 30
July 1
-
July 31
August 1
-
August 31
September 1
-
September 30
(4)
			 Water users must report their measurement data as follows:
Recording and Reporting
							 Requirements
Average diversion rate in gallons per
							 minute
< 10 gpm
10-49 gpm
> 50 gpm
Recording frequency
Monthly
Biweekly
Weekly
Volume or rate to report
Maximum rate of diversion
Maximum rate of diversion
Maximum rate of diversion
Annual total volume
Annual total volume
Annual total volume
Date data must be reported to
							 department
By Jan. 31 of the following calendar year
By Jan. 31 of the following calendar year
By Jan. 31 of the following calendar year
Monthly means calendar month
Weekly means Monday 12:01 a.m. to Sunday 12:00
							 p.m.
Biweekly means once every two weeks
Daily means 12:01 a.m. to 12:00 p.m.
1 gallon per minute is equivalent to .002 cubic feet
							 per second
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-070, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-080 - Educational information, technical assistance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) To help the
			 public comply with this chapter, ecology may prepare and distribute technical
			 and educational information on the scope and requirements of this
			 chapter.
(2) When ecology finds
			 that a violation of this rule has occurred, we shall first attempt to achieve
			 voluntary compliance. One approach is to offer information and technical
			 assistance to the person, in writing, identifying one or more means to legally
			 carry out the person's purposes.
(3) To obtain compliance and enforce this
			 chapter, ecology may impose such sanctions as suitable, including, but not
			 limited to, issuing regulatory orders under
			 RCW
			    43.27A.190 and imposing civil penalties under
			 RCW
			    90.03.600.
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-080, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-090 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All of ecology's final written decisions pertaining to permits,
				regulatory orders, and other related decisions made under this chapter are
				subject to review by the pollution control hearings board in accordance with
				chapter 43.21B RCW.
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-090, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-539A - Upper Kittitas groundwater rule › Section 173-539A-990 - Appendix 1 - Map of upper Kittitas County boundaries

Current through Register Vol. 24-14, July 15, 2024
Click to view
							 image
Statutory Authority:
				  RCW
				  90.54.050 and chapter 43.27A RCW. 11-01-163
				  (Order 08-12), § 173-539A-990, filed 12/22/10, effective
				  1/22/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-010 - General

Current through Register Vol. 24-14, July 15, 2024
These rules apply to waters within the Wenatchee River basin,
				WRIA 45, as defined in WAC
				173-500-040. This chapter is
				adopted under
				chapter
				90.54 RCW (Water Resources
				Act of 1971), chapter 90.22 RCW (minimum water flows and levels), chapter 77.57
				RCW (state fisheries code), chapter 90.82 RCW (Watershed Planning Act), and in
				accordance with chapter 173-500 WAC (water resources management
				program).
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-010, filed 12/12/07, effective 1/12/08. Statutory Authority:
				  Chapters
				  90.54, 90.22 and 75.20
				  RCW. 83-13-016 (Order DE 83-8), § 173-545-010, filed
				  6/3/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purposes of this chapter are to retain perennial rivers,
				streams, and lakes in the Wenatchee River basin with instream flows and levels
				necessary to protect water quality, wildlife, fish, and other environmental
				values, as well as aesthetics, recreation, navigation; and to meet certain
				future out-of-stream water needs identified in the Wenatchee watershed
				management plan.
(1) The Wenatchee
			 watershed management plan approved by the Wenatchee planning unit and the
			 Chelan County commission under
			 RCW
			    90.82.130 is the basis for amendments to the
			 June 3, 1983 rule. The plan recommendations were approved on April 26, 2006, by
			 the Wenatchee watershed planning unit, a group composed of a broad base of
			 water use interests, and on June 26, 2006, by the Chelan County commission. The
			 plan recommendations are therefore considered an expression of the public
			 interest.
(2) This chapter sets
			 forth the department's policies to guide the protection, use and management of
			 Wenatchee River basin surface water and interrelated groundwater resources. It
			 protects existing water rights, establishes instream flows, and sets forth a
			 program for the administration of future water allocation and use.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-020, filed 12/12/07, effective 1/12/08. Statutory Authority:
				  Chapters
				  90.54, 90.22 and 75.20
				  RCW. 83-13-016 (Order DE 83-8), § 173-545-020, filed
				  6/3/83.