Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-070 - Emergency drought permits

Current through Register Vol. 24-14, July 15, 2024
Ecology may allow water users to obtain water from alternate
				sources during drought conditions. To accomplish this, ecology may issue
				emergency drought permits authorizing withdrawals of groundwater and surface
				water, including dead storage in reservoirs. Permits will be processed under
				the following criteria:
(1) Applicants
			 must be conducting a previously established activity within a geographical area
			 declared to be suffering from drought conditions.
(2) An application will be processed if the
			 water user is receiving, or is projected to receive, less than seventy-five
			 percent of normal water supply, as the result of natural drought conditions,
			 for the previously established activity and experiencing, or is expected to
			 experience, undue hardship as a result.
(3) Ecology, plus all state and local
			 agencies with authority to issue permits or other authorizations in connection
			 with emergency actions authorized under the provisions of this chapter, will
			 have fifteen calendar days from the date of receipt of the respective
			 application(s) in which to provide a decision to the applicant. Agencies with
			 authority to review applications for emergency drought permits, such as under
			 RCW 75.20.050, and affected Indian tribes will have fifteen calendar days from
			 the date ecology receives the application in which to provide ecology with an
			 opinion as to any effects of the proposed withdrawal.
(4) Waters authorized to be withdrawn must be
			 used in relation to a previously established activity as defined in this
			 chapter. The permit must not cover irrigation of new lands, restoration or
			 enhancement of the fisheries resource, or a new water use than practiced in the
			 past by individuals, private entities, or public bodies.
(5) Emergency drought permits may authorize
			 replacing all or a portion of the normal supply that is unavailable due to
			 drought, but cannot increase authorized use.
(6) The withdrawal must not reduce flows or
			 levels below essential minimums necessary to assure the maintenance of
			 fisheries requirements and to protect federal and state interests including,
			 but not limited to, power generation, navigation, water quality, and existing
			 water rights.
(7) Emergency drought
			 permits issued under this chapter will be temporary in nature and must expire
			 no later than the expiration date of the order declaring the area in which the
			 permitted activity is authorized to be suffering from drought
			 conditions.
(8)Priority will be
			 given to domestic and irrigation uses of water for any emergency withdrawals
			 authorized under this chapter.
(9)
			 Emergency drought permits issued under this chapter must contain provisions for
			 termination should the withdrawal reduce flows or levels below essential
			 minimums as defined in this chapter.
(10) To expedite the issuance of emergency
			 drought permits, ecology is authorized to process the applications and issue
			 the permits without compliance with requirements for:
(a) Notice of newspaper
			 publication.
(b) The State
			 Environmental Policy Act.