reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-160 - Minimum standards for construction and maintenance of wells › Part TWO - GENERAL REQUIREMENTS FOR RESOURCE PROTECTION WELLCONSTRUCTION AND GEOTECHNICAL SOIL BORING › Section 173-160-990 - Well construction illustrations

Current through Register Vol. 24-14, July 15, 2024
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Figure 1. SEALING OF UNCONSOLIDATED
								FORMATIONS
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Figure 2. SEALING OF CONSOLIDATED
								FORMATIONS
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Figure 3. SEALING OF DUG WELLS
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Figure 4. SEALING OF DRIVEN AND JETTED
								WELLS
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Figure 5. SUGGESTED METHODS FOR INSTALLING
								PRESSURE GAGES AND AIR LINES FOR MEASURING WATER LEVELS IN WELLS
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Figure 6. GENERAL RESOURCE PROTECTION WELL--CROSS
								SECTION.
Statutory Authority: Chapter 18.104 RCW. 09-01-125 (Order
					 08-10), § 173-160-990, filed 12/19/08, effective 1/19/09; 98-18-104 (Order
					 98-17), § 173-160-990, filed 9/2/98, effective 10/3/98. Statutory
					 Authority: Chapter 18.104 RCW and
					 RCW
					 43.21A.080. 98-08-032 (Order 97-08), §
					 173-160-990, filed 3/23/98, effective
					 4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-010 - What is the purpose of these regulations?

Current through Register Vol. 24-14, July 15, 2024
These regulations are adopted under chapter 18.104 RCW in order
				to establish procedures for the examination, licensing and regulation of well
				contractors and operators.
Statutory Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-010, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
				  18.104 RCW. 88-08-070 (Order 88-58), § 173-162-010, filed 4/6/88; Order DE
				  73-10, § 173-162-010, filed
				  6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-020 - To whom do these regulations apply?

Current through Register Vol. 24-14, July 15, 2024
These regulations apply to all well contractors and operators
				who are contracting for well construction or constructing wells in the state of
				Washington.
Statutory Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-020, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
				  18.104 RCW. 88-08-070 (Order 88-58), § 173-162-020, filed 4/6/88; Order DE
				  73-10, § 173-162-020, filed
				  6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-025 - What are the reasons for suspending or revoking an operator license?

Current through Register Vol. 24-14, July 15, 2024
(1) In cases other
			 than those relating to the failure of a licensee to renew a license, the
			 director may suspend or revoke a license issued pursuant to this chapter for
			 any of the following reasons:
(a) For fraud
			 or deception in obtaining the license;
(b) For fraud or deception in reporting under
			 RCW
			 18.104.050;
(c) For violating the provisions of this
			 chapter, or of any lawful rule or regulation of the department or the
			 department of health.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-030 - How are the words and phrases used in this chapter?

Current through Register Vol. 24-14, July 15, 2024
See other definitions under chapter 173-160 WAC.
(1) "Constructing a well" or "construct a
			 well" means:
(a) Boring, digging, drilling, or
			 excavating a well;
(b) Installing
			 casing, sheeting, lining, or well screens, in a well;
(c) Drilling a geotechnical soil boring;
			 or
(d) Installing an environmental
			 investigation well.
"Constructing a well" or "construct a well" includes the
				alteration of an existing well.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-040 - How do I comply with licensing requirements?

Current through Register Vol. 24-14, July 15, 2024
(1) A water well operator license is required
			 for all operators engaged in constructing or decommissioning water
			 wells.
(2) A water well operator
			 training license is required for any trainee engaged in constructing or
			 decommissioning water wells under the training program provisions of this
			 chapter.
(3) A resource protection
			 well operator license is required for all operators engaged in constructing or
			 decommissioning resource protection wells and geotechnical soil
			 borings.
(4) A resource protection
			 well operator training license is required for any trainee engaged in
			 constructing or decommissioning resource protection wells and geotechnical soil
			 borings under the training program provisions of this chapter.
(5) General contractors, engineering firms,
			 designers, consulting firms, or other entities need not have a licensed well
			 operator in its employ: Provided, That all well construction and
			 decommissioning associated with their various projects and/or contracts is
			 conducted by a licensed well operator licensed under the provisions of this
			 chapter except as provided in WAC
			 173-162-050.
Statutory Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-040, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
				  18.104 RCW. 88-08-070 (Order 88-58), § 173-162-040, filed 4/6/88; Order DE
				  73-10, § 173-162-040, filed
				  6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-050 - Who is exempt?

Current through Register Vol. 24-14, July 15, 2024
(1) No license
			 under this chapter shall be required of:
(a)
			 Any individual who personally constructs a well on land which is owned or
			 leased by the individual, or in which the individual has a beneficial interest
			 as a contract purchaser and is used by the individual for farm or single-family
			 residential use only. Provided, the individual shall construct not more than
			 one well every two years.
(b) An
			 individual, except trainees, who performs labor or services for a well
			 contractor in connection with the construction or decommissioning of a well at
			 the direction and under the direct supervision and control of a licensed
			 operator who is present at the construction site.
(c) A person licensed under the provisions of
			 chapter
			 18.08 or
			 18.43 RCW if in the performance of
			 duties covered by those licenses.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-055 - What types of operator licenses are available?

Current through Register Vol. 24-14, July 15, 2024
Seven types of drilling licenses are available:
(1) Water well operator training
			 license.
(2) Resource protection
			 well operator training license.
(3)
			 Resource protection well operator license.
(4) Water well operator license.
(5) Conditional licenses for water or
			 resource protection well drilling.
(6) Retirement license for water and/or
			 resource protection well drilling.
(7) Inactive license for water and/or
			 resource protection well drilling.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
				  06-08), § 173-162-055, filed 11/21/06, effective 12/22/06. Statutory
				  Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-055, filed 3/23/98, effective
				  4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-060 - How do you qualify for each license?

Current through Register Vol. 24-14, July 15, 2024
(1)
Training licenses.
(a) You are qualified to receive either a
			 water or a resource protection training license if you:
(i) Submit a completed application to the
			 department on forms provided by the department and pay the department a
			 seventy-five dollar application fee; and
(ii) Have completed at least six hundred
			 hours of drilling experience working under the direct supervision of a licensed
			 operator who has held a Washington state water and/or resource protection well
			 drilling license for at least three years; and
(iii) Have obtained six continuing education
			 units as approved by the department; and
(iv) Pass a written examination as provided
			 for in RCW 18.104.080; and
(v) Pass an on-site examination by the
			 department; and
(vi) Present a
			 statement by a person or persons licensed under this chapter, other than a
			 trainee, signed under penalty of perjury as provided in
			 RCW
			 9A.72.085, verifying that:
(A) The applicant has acquired a minimum of
			 six hundred hours of field experience required under this chapter;
			 and
(B) The operator has assumed
			 liability for any and all well construction activities of the applicant while
			 the applicant was gaining his/her six hundred hours of field experience. The
			 operator shall not be subject to any penalties or orders that may be issued for
			 wells constructed by the applicant that were not the responsibility of the
			 operator to have direct supervision and control over; and
(C) A licensed operator, except a trainee,
			 who will sponsor the trainee, has been identified on the signed statement. The
			 licensed operator who will be sponsoring the trainee, shall assume liability
			 for any and all well construction activities of the trainee accomplished under
			 the operator's control during the period of the trainee's license;
			 and
(vii) In obtaining a
			 statement from a well operator(s) under (a)(vi) of this subsection, an
			 applicant who has gained drilling experience under more than one operator shall
			 submit a statement from each operator. It is not necessary to accumulate all
			 qualifying experience under one operator. Field experience for which a
			 statement of verification and liability cannot be obtained, shall not be used
			 as qualifying experience under this section.
All statements shall be entered on forms provided by the
				department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-070 - What application fees are required?

Current through Register Vol. 24-14, July 15, 2024
Application fees are seventy-five dollars for each operator or
				training license.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
				  06-08), § 173-162-070, filed 11/21/06, effective 12/22/06. Statutory
				  Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-070, filed 3/23/98, effective 4/23/98; Order DE 73-10, §
				  173-162-070, filed 6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-075 - How often do I need to renew my license?

Current through Register Vol. 24-14, July 15, 2024
(1) Licenses issued under this chapter,
			 except a training license, shall be renewed every two years.
(2) A training license shall be valid for a
			 period of two years from the time it was originally issued. A training license
			 cannot be renewed. However, a one-time extension may be granted upon show of
			 good cause by the trainee. The limit of the extension shall be for no longer
			 than twenty-four months. The trainee will be required to earn seven continuing
			 education units for each year or portion of a year the license is held. The
			 department may waive the continuing education requirement of this subsection.
			 Each request will be evaluated on a case-by-case basis. A seventy-five dollar
			 fee will be charged for the extension.
Statutory Authority: Chapter 18.104 RCW. 06-23-121 (Order
				  06-08), § 173-162-075, filed 11/21/06, effective 12/22/06. Statutory
				  Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-075, filed 3/23/98, effective
				  4/23/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-080 - What are the conditions and cost of renewing a drilling license?

Current through Register Vol. 24-14, July 15, 2024
(1) Between the
			 1993 legislation, Laws of 1997, chapter 387, and the adoption of these
			 regulations implementing the legislation, the well operator licenses issued and
			 renewed by the department met the requirements of the 1993 legislation and may
			 be renewed for either a water well or resource protection well operator license
			 or both as provided in subsection (2) of this section.
(2) A holder of a valid license may renew the
			 license if they:
(a) Submit a completed
			 application on forms approved by the department; and
(b) Show proof that they successfully
			 completed fourteen continuing education units during the past twenty-four
			 months of the license term. A minimum of two continuing education units out of
			 the fourteen required units must be about Washington state drilling or
			 licensing regulations; and
(c) Pay
			 a seventy-five dollar renewal fee for each license they wish to
			 renew.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-085 - Continuing education

Current through Register Vol. 24-14, July 15, 2024
Ecology, with the assistance of the technical advisory group
				created in
				RCW
				18.104.190, shall develop and administer a
				program for continuing education for the purpose of ensuring continued
				professional growth and competency of licensed operators.
(1) What is continuing education? Continuing
			 education is your opportunity to gain additional knowledge into subjects that
			 directly relate to the well drilling profession. It is designed to enhance your
			 knowledge, drilling skills, and keep you informed on technological advances, as
			 well as keeping you informed on current state and local regulations. The
			 ultimate goal is to ensure the highest quality of professionalism in the well
			 drilling industry. Continuing education is required of every person applying
			 for an operator's license and for every licensed operator renewing their
			 license. Continuing education units (CEUs) are earned by attending continuing
			 education programs. Continuing education programs consist of approved training,
			 classes, courses, workshops, offerings, correspondence instructions, or other
			 means of providing instruction.
(2)
			 How do I obtain required continuing education units?
(a) Except as provided for in this chapter,
			 continuing education units will only be obtained from an approved continuing
			 education provider (a continuing education provider is: Any person,
			 organization, school or other entity involved in education and have received
			 approval from the department for their continuing education plan and
			 curriculum).
(b) The department
			 shall maintain a current list of all continuing education providers and
			 programs. This list will be available on the department's web page and/or by
			 request.
(c) In order to receive
			 continuing education units you must successfully complete continuing education
			 programs. You must be present throughout the entire instructional period in
			 order to be eligible to receive full credit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-090 - Examinations - Notification of examinations

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a properly completed application, the
				department shall notify the applicant of the date, time and place of the next
				scheduled examination. All incomplete application forms will be returned for
				completion. The applicant should notify the department if the examination
				schedule cannot be met and the reasons therefor.
Order DE 73-10, § 173-162-090, filed
				  6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-095 - What should I know about the written and on-site examinations?

Current through Register Vol. 24-14, July 15, 2024
The written and on-site examinations for licenses issued under
				this chapter are prepared, administered, and evaluated by the
				department.
(1)
What subjects
			 will the written exam cover?
The examinations are prepared to test the
			 knowledge and understanding of the following subjects:
(a) Washington state groundwater laws as they
			 relate to constructing and decommissioning wells;
(b) Sanitary standards for constructing
			 wells;
(c) Types of well
			 construction and decommissioning;
(d) Drilling techniques, tools and
			 equipment;
(e) Geology (including
			 soil and rock description) as it relates to well construction;
(f) Rules and regulations of the department
			 relating to constructing a well, test pumping, and equipment
			 maintenance;
(g) Preparation of
			 intent forms, well reports, and requests for variances;
(h) Township and range location system as it
			 relates to location of wells;
(i)
			 Basic groundwater hydraulics as it relates to well construction and protection
			 of the resource; and
(j) Rules and
			 regulations of the Washington state department of health relating to source
			 approval and source protection of public drinking water systems.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-100 - Examinations - Type of examinations

Current through Register Vol. 24-14, July 15, 2024
The examinations shall be prepared, administered and evaluated
				by the department. They shall be broken down into sections including a basic
				general category and specialist categories including but not necessarily
				limited to cable tool, rotary, driven and dug well construction technology. The
				examination shall be prepared to test the knowledge and understanding of the
				following subjects:
(1) Washington
			 groundwater laws as they relate to well construction;
(2) Sanitary standards for water well
			 drilling and construction of water wells;
(3) Types of well construction;
(4) Drilling tools and equipment;
(5) Underground geology as it relates to well
			 construction;
(6) Rules and
			 regulations of the department and the department of social and health services
			 relating to well construction;
(7)
			 Preparation of well reports;
(8)
			 Township and range location system as it relates to location of wells;
			 and
(9) Basic groundwater
			 hydraulics as it relates to well construction.
Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order
				  88-58), § 173-162-100, filed 4/6/88; Order DE 73-10, § 173-162-100,
				  filed 6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-120 - Examinations - Notification of examination results

Current through Register Vol. 24-14, July 15, 2024
The department shall make a determination of the applicant's
				qualifications for a license within ten days after the examination and notify
				said applicant of the results within ten days after such
				determination.
Order DE 73-10, § 173-162-120, filed
				  6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-130 - Licenses - General

Current through Register Vol. 24-14, July 15, 2024
It is the intent of the department in its implementation of the
				licensing phase of the Washington Water Well Construction Act to effect a
				smooth transition of this requirement into the well construction industry
				without causing undue hardship on individuals and/or businesses whose
				livelihood is dependent upon continuing work in this field.
Statutory Authority: Chapter 18.104 RCW. 88-08-070 (Order
				  88-58), § 173-162-130, filed 4/6/88; Order DE 73-10, § 173-162-130,
				  filed 6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-190 - What are the responsibilities of well contractors and their agents?

Current through Register Vol. 24-14, July 15, 2024
(1) The well
			 contractor shall be responsible for designating an agent to represent its
			 dealing with the department.
(2)
			 The agent must be a Washington state licensed operator other than a
			 trainee.
(3) The agent shall notify
			 the department of all licensed operators and trainees who are working for the
			 well contractor.
(4) Notification
			 shall be made within ninety days of enactment of this regulation.
(5) After the initial notification, the agent
			 shall notify the department of all terminations and new hires within thirty
			 days.
(6) The well contractor shall
			 notify the department within thirty days of making any change of
			 agent.
Statutory Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-190, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
				  18.104 RCW. 88-08-070 (Order 88-58), § 173-162-190, filed 4/6/88; Order DE
				  73-10, § 173-162-190, filed
				  6/29/73.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-200 - What are the department of ecology's enforcement options?

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose sanctions that are appropriate under authorities vested in it, including
				issuance of regulatory orders under
				RCW
				43.27A.190, civil penalties under
				RCW
				90.03.600 and
				18.104.155, and criminal penalties
				under RCW
				18.104.160.
Statutory Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-200, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
				  18.104 RCW. 88-08-070 (Order 88-58), § 173-162-200, filed
				  4/6/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-210 - Can I appeal enforcement actions?

Current through Register Vol. 24-14, July 15, 2024
Yes, you can appeal the department of ecology's decision to the
				pollution control hearings board. All final written decisions of the department
				of ecology pertaining to permits, regulatory orders, and related decisions made
				under this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority: Chapter 18.104 RCW and
				  RCW
				  43.21A.080. 98-08-031 (Order 97-08), §
				  173-162-210, filed 3/23/98, effective 4/23/98. Statutory Authority: Chapter
				  18.104 RCW. 88-08-070 (Order 88-58), § 173-162-210, filed
				  4/6/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-162 - Regulation and licensing of well contractors and operators › Section 173-162-220 - 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: Chapter 18.104 RCW. 88-08-070 (Order
				  88-58), § 173-162-220, filed
				  4/6/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-010 - Purpose and authority of this chapter

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish procedures for
				implementing
				RCW
				90.03.665, Certified water right examiners --
				Fees -- Rules. The statute authorizes certified water right examiners to
				conduct final proof examinations of permitted water uses to support department
				of ecology (ecology) decisions on whether to issue water right certificates.
				The statute requires permittees, as explained herein, to hire a certified water
				right examiner to complete a proof examination.
				RCW
				90.03.665(1) requires
				ecology to establish and maintain a list of certified water right examiners
				through a defined certification process.
				RCW
				90.03.665(11) authorizes
				ecology to adopt rules appropriate to carry out the purposes of the
				statute.
Statutory Authority:
				  RCW
				  90.03.665(11),
				  43.27A.090(11),
				  and 43.21A.064(9).
				  12-24-031 (Order 11-03), § 173-165-010, filed 11/28/12, effective
				  12/29/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-030 - Certified water right examiner responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Certified water right examiners must
			 qualify and apply as individuals and maintain their qualification under WAC
			 173-165-050 and
			 RCW
			 90.03.665(2) throughout the
			 period of their application and certification.
(a) If a person qualifies as a certified
			 water right examiner through a hydrogeology, professional engineering, or land
			 surveyor license in the state of Washington, he/she must maintain that
			 licensure to remain qualified as a certified water right examiner unless he/she
			 satisfies another criterion in
			 RCW
			 90.03.665(2).
(b) Certified water right examiners must
			 notify ecology within two business days if:
(i) Notified their license as a professional
			 engineer, land surveyor, or registered hydrogeologist is suspended or revoked;
			 or
(ii) No longer a qualified water
			 conservancy board commissioner.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-040 - Fees

Current through Register Vol. 24-14, July 15, 2024
RCW 90.03.665(10)
				 directs ecology to establish and collect
				fees for the examination, certification, and renewal of certification for
				certified water right examiners. Table 1 summarizes ecology's fee structure
				related to CWRE examination and certification under this chapter. Further
				detail on fees is contained in WAC
				173-165-070 and
				173-165-080.
Table 1
Type of fee
Amount
Due
Application
No fee to apply
Applicants should NOT include any fee when submitting
							 their application
Examination
$300
At least two weeks prior to the testing date
Certification fee
$200
Prior to receiving certification
Certification renewal fee
$100
Annually, prior to expiration of the current
							 certification
Additional late fee for renewal up to 30 days after
							 expiration
$50
Within 30 days following expiration of the
							 certification
Additional late fee for renewal 31 to 90 days after
							 expiration
$100
Within 90 days of expiration
Statutory Authority:
				  RCW
				  90.03.665(11),
				  43.27A.090(11),
				  and 43.21A.064(9).
				  12-24-031 (Order 11-03), § 173-165-040, filed 11/28/12, effective
				  12/29/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-050 - Minimum qualifications for CWRE certification

Current through Register Vol. 24-14, July 15, 2024
(1) To be a certified water right examiner,
			 you must meet at least one of the following qualifications:
(a) Licensed in Washington state as a:
(i) Professional engineer;
(ii) Professional land surveyor; or
(iii) Hydrogeologist.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-060 - Application process

Current through Register Vol. 24-14, July 15, 2024
Submitting a completed application is the first step of the
				CWRE examination.
(1) Applicants
			 should verify that they meet minimum qualification requirements under
			 RCW
			 90.03.665(2) and WAC
			 173-165-050 prior to
			 applying.
(2) Applicants must
			 complete and submit to ecology an application for certified water rights
			 examiner on an ecology-approved application form. Ecology will not accept
			 changes to the application form.
(3) Ecology will not consider an application
			 complete until receipt of:
(a) A completed
			 CWRE application form without omissions, signed by the applicant.
(b) Any other documentation requested by
			 ecology.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-070 - Examination process

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants
			 must:
(a) Qualify for testing through the
			 application process defined in WAC
			 173-165-060.
(b) Submit the three hundred dollar
			 examination fee at least two weeks prior to the testing date.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-080 - Certification

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
			 issue the CWRE certificate and add the certified water right examiner's name to
			 the CWRE list on ecology's web site within thirty days upon completion of the
			 following:
(a) The applicant shows proof of
			 qualifications through the application process;
(b) The applicant passes the CWRE
			 examination;
(c) The applicant
			 submits a signed copy of the CWRE rules of professional performance, as
			 prescribed by ecology; and
(d)
			 Ecology receives the two hundred dollar certification fee.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-090 - Continuing education

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Each certified water right examiner must complete eight hours annually of
			 continuing education in the water resources field.
(2) Ecology will provide information on the
			 internet on continuing education opportunities for certified water right
			 examiners.
(a) Ecology may grant credit for
			 completing related training not listed on our web site at the discretion of the
			 CWRE coordinator.
(b) The CWRE
			 coordinator may approve nonformal educational activities, such as workshops or
			 conferences for water resources professionals, as qualifying for continuing
			 education credit, but may choose to grant credit at less than an hour-for-hour
			 basis.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-100 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ecology is authorized to take action under this rule to examine, certify,
			 investigate, and enforce this rule against certified water right examiners and
			 CWRE applicants. However:
(a) Certified water
			 right examiners are hired and paid by water right permit or change
			 authorization holders, and are not ecology employees.
(b) Ecology is not responsible for the direct
			 supervision of a certified water right examiner.
(c) Ecology is not responsible for the
			 contractual relationship between certified water right examiners and their
			 clients.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-110 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of ecology pertaining to certified
				water right examiners and CWRE applicants under this chapter shall be subject
				to review by the pollution control hearings board in accordance with chapter
				43.21B RCW.
Statutory Authority:
				  RCW
				  90.03.665(11),
				  43.27A.090(11),
				  and 43.21A.064(9).
				  12-24-031 (Order 11-03), § 173-165-110, filed 11/28/12, effective
				  12/29/12.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-120 - Permittee rights and responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) A permittee may develop all or a portion
			 of the project and put water to beneficial use in compliance with his/her water
			 right permit or change authorization. Development of the project and the
			 measure of the beneficial use may be less than authorized, but may not exceed
			 the authorized quantity or conditions of use.
(2) Once the project development ends and
			 beneficial use of the water is established under the water right permit or
			 change authorization, the permittee shall submit a notarized proof of
			 appropriation form to the appropriate ecology regional office.
(3) Ecology will review the proof of
			 appropriation form and, if determined appropriate, will respond in writing
			 directing the permittee to hire a certified water right examiner. Ecology may
			 waive the requirement to secure the services of a certified water right
			 examiner if ecology has conducted the proof examination or determines that one
			 is not necessary to issue a certificate of water right.
(4) As directed by ecology, the permittee
			 must secure the services of a certified water right examiner from the
			 ecology-maintained CWRE list on ecology's web site to perform the proof
			 examination and submit a proof report of examination to ecology.
(5) If ecology returns the proof report of
			 examination to the certified water right examiner for correction under WAC
			 173-165-130(3),
			 ecology will send the permittee a copy of the communication with the certified
			 water right examiner.
(6) Until
			 ecology has made a final decision (WAC
			 173-165-130 ), the permittee may
			 withdraw the proof report of examination submitted by the certified water right
			 examiner at any time during ecology's review period.
(a) To withdraw the CWRE proof report of
			 examination, the permittee must submit to ecology the request to withdraw in
			 writing, including the effective date and future intent of water use.
(b) Upon written withdrawal by the permittee,
			 ecology will cease review of the proof report of examination.
(i) A copy of the withdrawn report shall
			 remain within the associated water right permit or change authorization
			 file.
(ii) Ecology may review the
			 withdrawn report for comparison to any future report submitted and require
			 explanations for any conflicting statements of fact or
			 recommendations.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-165 - Certified water right examiners › Section 173-165-130 - Ecology review and final decision making

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology has a maximum of sixty days to
			 make the final decision on the CWRE proof report of examination unless
			 otherwise requested in writing by the permittee as allowed under
			 RCW
			 90.03.665(6).
(2) Ecology will not accept proof reports of
			 examination from a certified water right examiner whose certificate is expired,
			 revoked, or otherwise invalid.
(3)
			 Ecology may return the proof report of examination for correction to the
			 certified water right examiner and the permittee within thirty days of
			 ecology's initial receipt of the documents.
(a) Ecology's initial review will be
			 comprehensive to identify all deficiencies.
(b) Ecology shall document on the proof
			 report of examination the date ecology returned the report to the certified
			 water right examiner for revision.
(c) If a proof report of examination is
			 returned to the certified water right examiner and permittee for correction,
			 ecology's sixty-day clock stops.
(d) The certified water right examiner should
			 return the corrected report within ninety days for ecology to complete its
			 review. On receipt of the corrected report from the certified water right
			 examiner, ecology has thirty days to issue a final decision regarding the water
			 right certification.
(e) If the
			 certified water right examiner returns the corrected report later than ninety
			 days, ecology will determine it to be a new report and ecology's sixty-day
			 review period begins again.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The legislature in 1989 gave permanent drought relief authority
				to the department of ecology and enabled ecology to issue orders declaring
				drought emergencies. Chapter 171, Laws of 1989 amends chapter 43.83B RCW (Water
				supply facilities).
(1)Chapter 171,
			 Laws of 1989 authorizes the Washington state department of ecology (ecology) to
			 assist in alleviating future drought conditions throughout the state, and sets
			 forth the criteria and procedures for implementing the 1989 drought relief
			 legislation.
(2) Ecology has
			 authority under chapter 171, Laws of 1989 to:
(a) Issue emergency permits to withdraw
			 public waters as an alternate source of water supply.
(b) Approve water right transfers between
			 willing parties.
(c) Provide
			 funding assistance for eligible drought projects and measures.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation is promulgated by the department of ecology
				under authorities and procedures provided in chapter 171, Laws of 1989 after
				notification as provided in
				chapter
				34.05
				RCW.
Statutory Authority:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-020, filed 1/17/91, effective 2/17/91. Statutory Authority: 1977 c 339
				  § 75. 78-04-019 (Order 78-3), § 173-166-020, filed
				  3/10/78.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter:
(1) "Ecology" is the department of
			 ecology.
(2) "Drought conditions"
			 are water supply conditions where a geographical area or a significant part of
			 a geographical area is receiving, or is projected to receive, less than
			 seventy-five percent of normal water supply as the result of natural conditions
			 and the deficiency causes, or is expected to cause, undue hardship to water
			 users within that area.
(3)
			 "Essential minimum" for the fisheries resource is:
(a) That amount of water or flow rate
			 established as a regulation adopted by ecology pursuant to
			 RCW
			 90.22.020 or
			 90.54.050;
(b) That amount of water or flow placed as a
			 proviso on a water right permit or certificate; or
(c) That amount of water or flow established
			 on an interim basis to assure the maintenance of fisheries requirements. Such a
			 determination will be made by ecology, in consultation with, among others, the
			 department of fish and wildlife, any concerned federal agencies and affected
			 Indian tribes.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-040 - General eligibility rule

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applications for emergency drought permits, water transfers, or funding
			 assistance made under this chapter will be processed only for previously
			 established activities in a geographical area declared to be suffering from
			 drought conditions. Where required by law, such activities must be conducted
			 under a valid water right permit, certificate, or supported registered water
			 right claim.
(2) Applications will
			 be processed if the water user is receiving, or is projected to receive, less
			 than seventy-five percent of normal water supply for the previously established
			 activity and experiencing or expected to experience undue hardship as a
			 result.
(3) All permits and
			 approvals issued under this chapter will be subject to existing
			 rights.
(4) Water obtained through
			 the issuance of temporary permits or water right transfers must be put to
			 beneficial use in lieu of water which is unavailable because of drought
			 conditions.
(5) All permits and
			 approvals issued under this chapter will be of a temporary nature and will
			 contain an expiration date.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-050 - Forecast of drought conditions

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever it appears to the department of
			 ecology that drought conditions as defined in WAC
			 173-166-030(2)
			 either exist or are forecast to occur, ecology will consult with the state's
			 water supply availability committee (WSAC) or its successor. Other appropriate
			 sources of water supply information, such as the Columbia River water
			 management group , the U.S. Army Corps of Engineers, and other water managers,
			 may be consulted by the WSAC as needed.
(2) Ecology may solicit input from local
			 authorities to aid ecology in determining the anticipated level of hardship and
			 will make that information available to the executive water emergency committee
			 (EWEC).
(3) Should the WSAC
			 determine that a geographical area is receiving, or is likely to receive,
			 seventy-five percent or less of its normal water supply, it will advise the
			 EWEC and the Indian tribes within the area . The EWEC will then make a
			 determination as to whether or not undue hardships will occur as a result of
			 the shortage.
(4) Should the EWEC
			 determine that an area will suffer undue hardship as a result of a reduced
			 water supply, it will submit a recommendation to that effect to the governor
			 for written approval. Affected Indian tribes will be notified at the time such
			 a recommendation is submitted.
(5)
			 Upon securing the written approval of the governor, ecology will then issue an
			 order declaring a geographical area to be suffering from drought conditions and
			 publish that order in a newspaper of general circulation in the area affected
			 by the order.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-060 - Orders declaring drought conditions

Current through Register Vol. 24-14, July 15, 2024
(1) If the department of ecology determines
			 that a geographical area is suffering from drought conditions, it may, upon the
			 advice of the WSAC, with the concurrence of the EWEC, and the written approval
			 of the governor, issue an order to that effect.
(2) The order declaring drought conditions
			 for a geographical area must contain the following elements:
(a) A description of the geographical area
			 which is being so designated.
(b)
			 The facts leading to the issuance of the order.
(c) The statutory authority upon which the
			 order is being issued.
(d) The
			 commencement date and termination date of the order. The termination date may
			 be no later than one calendar year from the date the order is issued.
(e) Brief descriptions of the emergency
			 actions which are possible under the order.
(f) Provisions for the termination of
			 withdrawals if essential minimum flows are jeopardized.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-080 - Temporary transfers of water rights

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology may approve emergency water right
			 changes in order to effect a transfer of water between willing parties. Water
			 right changes can include purpose of use, place of use, and point of
			 diversion.
(2) Examples of possible
			 water right transfers include, but are not limited to, the following
			 situations:
(a) A water right holder may
			 choose to reduce irrigated acreage and transfer the unused water to another
			 water right holder whose normal water supply is decreased by drought
			 conditions. The acreage irrigated with transferred water on the second parcel
			 may not exceed the acreage reduction on the first parcel.
(b) A water right holder may transfer a water
			 right from an out-of-stream use to an instream use.
(c) Municipalities or other public bodies may
			 transfer water between one another.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-090

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-090, filed 1/17/91, effective
				  2/17/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-100

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-100, filed 1/17/91, effective
				  2/17/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-166 - Emergency drought relief › Section 173-166-110

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  43.83B.420. 91-03-081 (Order 90-53), §
				  173-166-110, filed 1/17/91, effective
				  2/17/91.