reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part III - CALCULATION OF INCENTIVES › Section 504-49-300 - Incentive payment rate

Current through Register Vol. 24-14, July 15, 2024
The incentive payment rate is the sum of the base rate and
				  the made-in-Washington bonus, if applicable. To determine the incentive
				  payment, the incentive payment rate is then multiplied by the system's gross
				  kilowatt-hours generated during the fiscal year to determine the incentive
				  payment.
(1) Determining the base rate.
				The first step in computing the incentive payment is to determine the correct
				base rate to apply. This rate depends on the fiscal year in which the system
				was certified and the type of renewable energy project under consideration, as
				defined in the table in subsection (2) of this section.
(2) Made-in-Washington bonus. The bonus rate
				is determined by whether all applicable system components (solar modules, wind
				turbines or towers) are manufactured in Washington state. See additional
				manufacturing details in Part V of this chapter. Bonus rates vary depending on
				the fiscal year in which the system is certified, as provided in the table
				below.
Fiscal year of system certification
Base rate: Residential-scale
Base rate: Commercial-scale
Base rate: Community solar
Base rate: Shared commercial solar
Made-in-Washington bonus
2018
$0.16
$0.06
$0.16
$0.06
$0.05
2019
$0.14
$0.04
$0.14
$0.04
$0.04
2020
$0.12
$0.02
$0.12
$0.02
$0.03
2021
$0.10
$0.02
$0.10
$0.02
$0.02
(3)
				Examples: A renewable energy system certified in fiscal year 2019 and generate:
(a) Residential-scale system: Two thousand
				five hundred kilowatt-hours; commercial-scale system: Fourteen thousand
				kilowatt-hours.
(i) If a residential-scale or
				commercial-scale renewable energy system has only solar modules manufactured
				out-of-state, the computation is as follows:
(A) Residential-scale: 0.14 × 2,500 =
				$350.00;
(B) Commercial-scale: 0.04
				× 14,000 = $560.00.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part III - CALCULATION OF INCENTIVES › Section 504-49-305 - Additions or changes to existing certified systems

Current through Register Vol. 24-14, July 15, 2024
(1) All additions or changes to existing
				certified systems may be subject to existing utility standards and
				policies.
(2) If a
				residential-scale or commercial-scale customer-owner makes investments that
				result in an expansion of capacity, the applicant must provide this information
				to the energy program. The energy program may:
(a) Issue a new certification for an
				additional system installed with a previously certified system, as long as the
				new system meets the program requirements and its production can be measured
				separately from the previously certified system. These systems may be subject
				to additional annual reporting requirements including, but not limited to,
				production meter readings from each system.
(b) Issue a recertification if the additional
				capacity is not measured separately. Such recertification expires on the same
				day as the original certification for the residential-scale or commercial-scale
				system, and applies the incentive rates and program rules that are in effect as
				of the date of the recertification.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part III - CALCULATION OF INCENTIVES › Section 504-49-310 - Cumulative limit on incentive payments

Current through Register Vol. 24-14, July 15, 2024
Incentive payments continue for eight years or until
				  cumulative incentive payments for electricity produced by the project reach
				  fifty percent of the total system price, including applicable sales tax,
				  whichever occurs first.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part IV - MANUFACTURED IN WASHINGTON STATE › Section 504-49-400 - What constitutes manufactured in Washington?

Current through Register Vol. 24-14, July 15, 2024
The energy program must, in consultation with the department
				  of commerce, establish a list of equipment that is eligible for the bonus rates
				  described in this chapter.
(1) In order
				for a solar module, or a wind turbine or tower, to qualify as manufactured in
				Washington state, the manufactured component must meet the following
				definitions:
(a) "Solar module" means the
				smallest nondivisible, self-contained physical structure housing interconnected
				photovoltaic cells and providing a single direct current electrical output. The
				lamination of the modules must occur in Washington state;
(b) "Wind turbine" refers to a device that
				converts the wind's kinetic energy into electrical energy and "tower" refers to
				the supporting structure.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part IV - MANUFACTURED IN WASHINGTON STATE › Section 504-49-405 - What is the process for a manufacturer to get its product qualified as made in Washington?

Current through Register Vol. 24-14, July 15, 2024
The manufacturer must request certification from the energy
				  program that its product, such as a module, or wind turbine or tower, qualifies
				  as made in Washington.
(1)
				Manufacturer's statement. The manufacturer must supply the energy program with
				a statement specifying what processes were carried out in Washington state to
				qualify the product.
(2) Penalty of
				perjury. The manufacturer's statement must be made under penalty of
				perjury.
(3) Field visit to view
				manufacturing process. The energy program performs a field visit to view the
				manufacturing process for the product, which may also include, but is not
				limited to:
(a) An inspection of the process
				by an engineer or other technical expert;
(b) Testing and evaluation of a product
				pulled off the production line;
(c)
				Review of purchase invoices to verify the vendor sources for the parts used in
				the manufacturing of the product;
(d) Inspection of the production line;
				and
(e) Requests for clarification
				concerning questions, if any, discovered during the inspection.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part V - GENERAL TOPICS › Section 504-49-500 - Is there a time limit on when incentive payment may be made for a system's generated electricity?

Current through Register Vol. 24-14, July 15, 2024
Yes. Incentive payments may only be made for kilowatt-hours
				  generated on or after July 1, 2017, and for the following eight years, or until
				  cumulative incentive payments for electricity generated by the project reach
				  fifty percent of the total system price, including applicable sales tax,
				  whichever occurs first.
(1)
				Authorization of incentive payments. No incentive payments may be authorized or
				accrued until the final electrical inspection and executed interconnection
				agreement are submitted to the energy program.
(2) Certification is valid for the incentive
				program term. This certification entitles the person, business, or household to
				receive incentive payments for electricity generated from the date the
				renewable energy system commences operation, or the date the system is
				certified, whichever date is later.
(3) Changes to incentive rates. Incentive
				rates determined by certification date may not be retroactively changed except
				to correct errors that were made during the original application or
				certification process and that are discovered later.
(4) Incentive schedule. Incentives are issued
				based on the gross kilowatt-hours generated during the fiscal year beginning on
				July 1st and ending on June 30th. For the last year of incentive payments, the
				payment is the balance of the last year of generation less the first year of
				generation. A negative balance for the last year results in
				nonpayment.
(5) Certification date.
				Certification date is determined by the date when the energy program completes
				its review of a submitted application. However, due to the timing of this
				program, the following administrative processes apply:
(a) For applications submitted from July 1,
				2017, to December 31, 2017:
(i) For purposes
				of systems that commenced operation on or after July 1, 2017: The certification
				date is assigned based on the date that the local jurisdiction issued its final
				approval of the electrical inspection of the renewable energy system.
(ii) For purposes of systems that commenced
				operation before July 1, 2017: The certification date is assigned as July 1,
				2017.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part V - GENERAL TOPICS › Section 504-49-505 - Must the customer-owner or administrator keep records regarding incentive payments?

Current through Register Vol. 24-14, July 15, 2024
(1) Customer-owners
				or administrators receiving incentive payments must keep and preserve, for a
				period of five years after the receipt of the last incentive payment from the
				utility, suitable records as may be necessary to determine the amount of
				incentive received.
(2) Examination
				of records. Such records must be open for examination at any time upon notice
				by the energy program.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part V - GENERAL TOPICS › Section 504-49-510 - How to determine if community solar or shared commercial solar projects located on the same property are one combined system or separate systems for determining the applicable limit?

Current through Register Vol. 24-14, July 15, 2024
In determining if a community solar or shared commercial
				  solar project is within the applicable limit when more than one community solar
				  or shared commercial solar project is located on one property, the energy
				  program treats each project's system as separate from the other projects if
				  there are separate production meters and separate certification applications
				  have been submitted to the energy program.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part V - GENERAL TOPICS › Section 504-49-515 - Are the renewable energy system's environmental attributes transferred when ownership of the renewable energy system changes?

Current through Register Vol. 24-14, July 15, 2024
The nonpower attributes of the renewable energy system
				  belong to the utility customer who owns or hosts the system or, in the case of
				  a community solar project or a shared commercial solar project, the
				  participant. The attributes may be kept, sold, or transferred at the utility
				  customer's discretion unless, in the case of a utility-owned community solar or
				  shared commercial solar project, a contract between the customer and the
				  utility clearly specifies that the utility retains the
				  attributes.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part V - GENERAL TOPICS › Section 504-49-520 - What do I have to do if I purchase property that has an existing renewable energy system?

Current through Register Vol. 24-14, July 15, 2024
If a person, business, or household purchases a property
				  that has a renewable energy system certified in the renewable energy system
				  incentive program, the new customer-owner must (at a minimum) notify the energy
				  program of the transfer of ownership and provide an executed interconnection
				  agreement with the utility serving the premises.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part V - GENERAL TOPICS › Section 504-49-525 - What if I sell my share in a community solar or shared commercial solar project?

Current through Register Vol. 24-14, July 15, 2024
The administrator of a community solar project or shared
				  commercial solar project must provide notice to the energy program of any
				  changes or transfers in project participation.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VI - APPLICATION PROCESS FOR CURRENTLY CERTIFIED RENEWABLE ENERGY SYSTEMS IN THE COST RECOVERY INCENTIVE PROGRAM › Section 504-49-600 - Requirements to reapply for certification

Current through Register Vol. 24-14, July 15, 2024
The reapplication for continued incentive payments through
				  June 30, 2020, must be submitted to the energy program by April 30, 2018. This
				  reapplication must contain, but is not limited to, the following information as
				  specified in the applicant and eligibility requirements in WAC
				  458-20-273:
(1) The name and address of the applicant and
				location of the renewable energy system;
(2) The applicant's tax registration
				number;
(3) The utility name and
				utility account number;
(4) System
				information, including system component details and operation data such as
				global positioning system coordinates, tilt, estimated shading, and azimuth, as
				applicable;
(5) A signed statement
				that the applicant understands that this information is true, complete, and
				correct to the best of their knowledge and belief under penalty of perjury;
				and
(6) A signed statement
				authorizing the energy program and the serving utility to share information
				related to issuing annual incentive payments, including application details and
				energy generation.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VI - APPLICATION PROCESS FOR CURRENTLY CERTIFIED RENEWABLE ENERGY SYSTEMS IN THE COST RECOVERY INCENTIVE PROGRAM › Section 504-49-605 - May a renewable energy system that has already been certified by the department of revenue be certified in the new program for incentive payments beyond June 30, 2020?

Current through Register Vol. 24-14, July 15, 2024
No. If the applicant's renewable energy system has already
				  been certified by the department of revenue for cost recovery incentives, that
				  system is ineligible for the new incentive program.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VI - APPLICATION PROCESS FOR CURRENTLY CERTIFIED RENEWABLE ENERGY SYSTEMS IN THE COST RECOVERY INCENTIVE PROGRAM › Section 504-49-610 - May I increase the capacity of a department of revenue-certified system?

Current through Register Vol. 24-14, July 15, 2024
The person, business, or household may not increase the
				  capacity of a department of revenue-certified system to receive additional cost
				  recovery program incentive payments.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VI - APPLICATION PROCESS FOR CURRENTLY CERTIFIED RENEWABLE ENERGY SYSTEMS IN THE COST RECOVERY INCENTIVE PROGRAM › Section 504-49-615 - Is there a fee to reapply?

Current through Register Vol. 24-14, July 15, 2024
No. There is no fee for reapplication for a department of
				  revenue-certified renewable energy system.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VII - APPEALS RIGHTS › Section 504-49-700 - What are the appeal rights under the renewable energy system incentive payment program?

Current through Register Vol. 24-14, July 15, 2024
(1) The energy
				program may take four different types of actions that may result in a right to
				an appeal:
(a) Denying a system's
				precertification or certification;
(b) Revoking a system's precertification or
				certification;
(c) Denying a
				manufacturer's statement of a product as qualifying as made in Washington
				state; and
(d) Revoking a
				previously approved certification of a product qualifying as made in
				Washington.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VII - APPEALS RIGHTS › Section 504-49-705 - Presiding officer-Final order- Review

Current through Register Vol. 24-14, July 15, 2024
For both a denial of an application for certification and a
				  notice of intent to revoke a previously approved certification, the presiding
				  officer of a formal adjudicative proceeding is the Washington state office of
				  administrative hearings. The presiding officer makes the final decision and
				  enters a final order as provided in
				  RCW
				   34.05.461(1)(b).
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VII - APPEALS RIGHTS › Section 504-49-710 - Petitions for reconsideration

Current through Register Vol. 24-14, July 15, 2024
RCW
				   34.05.470 governs petitions for
				  reconsideration. Petitions for reconsideration must be addressed to or
				  delivered to the presiding officer at the address provided in the final order.
				  The petition for reconsideration must be filed and served as required by WAC
				  10-08-110.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-49 - RENEWABLE ENERGY SYSTEM INCENTIVE PROGRAM › Part VII - APPEALS RIGHTS › Section 504-49-715 - Judicial review

Current through Register Vol. 24-14, July 15, 2024
Judicial review of the final order of the presiding officer
				  is governed by
				  RCW
				   34.05.510 through
				  34.05.598.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
This chapter of the Washington Administrative Code is adopted
				pursuant to RCW  39.04.151, authorizing Washington State University to utilize a
				statewide small works roster in accordance with RCW 37.04.151 (1) and (2) or to
				adopt procedures to establish one or more small works rosters for different
				specialties, categories of anticipated work, or geographic areas served by
				contractors on the roster that have registered for inclusion on that particular
				roster.
Statutory Authority:
				  RCW
				   28B.30.150. 09-19-071, §
										504-50-010, filed 9/15/09,
				  effective 10/16/09. Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-010, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-020 - Project construction cost

Current through Register Vol. 24-14, July 15, 2024
Whenever the estimated cost of any construction does not exceed
				$350,000, the university is authorized to use the statewide small works roster,
				or a WSU established small works roster in lieu of public advertisement for
				bids. In the event that the legislature further increases the small works
				roster limit, the university is authorized to use the small works roster for
				any projects up to the legislatively authorized limit. No project shall be
				broken into units or phases for the purpose of avoiding the maximum dollar
				amount of a contract that may be met using the small works
				roster.
Statutory Authority:
				  RCW
				   28B.30.150. 09-19-071, §
										504-50-020, filed 9/15/09,
				  effective 10/16/09. Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-020, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-030, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-032 - Procedures for use

Current through Register Vol. 24-14, July 15, 2024
Procedures must be established for securing telephone, written,
				or electronic quotations from contractors on the appropriate statewide or WSU
				established small works rosters to assure that a competitive price is
				established and to award contracts to the lowest responsible bidder. Detailed
				plans and specifications are not required as part of the bid invitation. Bids
				may be solicited from all appropriate contractors on the statewide or WSU
				established rosters, or, alternatively, if the estimated cost of the work is
				less than $150,000, the university may direct contract with small businesses as
				defined by RCW  39.04.010. In the event that the legislature further increases
				the small business limit, the university is authorized to use small businesses
				for any projects up to the legislatively authorized limit. Procedures must be
				established for rotation, notification, and annual publication of small works
				contracts awarded and contractors contacted for direct negotiation pursuant to
				RCW  39.04.200.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-040

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-040, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.30.150. 09-19-071, §
										504-50-050, filed 9/15/09,
				  effective 10/16/09. Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-050, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-060

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.30.150. 09-19-071, §
										504-50-060, filed 9/15/09,
				  effective 10/16/09. Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-060, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-070

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.30.150. 09-19-071, §
										504-50-070, filed 9/15/09,
				  effective 10/16/09. Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-070, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 504 - Washington State University › Chapter 504-50 - Small works roster › Section 504-50-080

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   28B.30.150. 09-19-071, §
										504-50-080, filed 9/15/09,
				  effective 10/16/09. Statutory Authority:
				  RCW
				   39.04.155. 01-13-103, §
										504-50-080, filed 6/20/01,
				  effective 7/21/01.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-010 - Regulation of water right diversions - Personnel

Current through Register Vol. 24-14, July 15, 2024
Regulation and control of waters according to rights thereto, shall be made through watermasters and stream patrolmen, or a staff member of the department of ecology. Chapter 90.08 RCW and RCW 43.21.130.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-010, filed 6/9/88; Rule 1, filed 3/23/60. Formerly WAC 134-12-010.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-020 - Regulation of water right diversions - Regulation of unincorporated partnership ditches

Current through Register Vol. 24-14, July 15, 2024
Watermasters shall not attempt to regulate water beyond the points of diversion from the natural stream on unincorporated partnership ditches. Such regulations may be carried on by ditch patrolmen as outlined under RCW  90.03.440. When approved by the department of ecology and water users a district watermaster may serve as a stream or ditch patrolman.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-020, filed 6/9/88; Rule 2, filed 3/23/60. Formerly WAC 134-12-020.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-030 - Regulation of water right diversions - Controlling works - Measuring devices

Current through Register Vol. 24-14, July 15, 2024
Where controlling works or measuring devices are not installed or maintained to the satisfaction of the department of ecology, proper notice shall be given to the owner to install or repair such controlling works or measuring device. This notice shall allow not less than ten days time to make necessary repairs or installations. In the event the work outlined in the notice is not completed in the specified time, the diversion shall be closed to further flow of water, until such time as the notice has been fully complied with.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-030, filed 6/9/88; Rule 3, filed 3/23/60. Formerly WAC 134-12-030.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-040 - Regulation of water right diversions - Controlling works - Headgates

Current through Register Vol. 24-14, July 15, 2024
Controlling works or headgates shall be so constructed that they can be regulated and locked in place by the watermaster or stream patrolman.
Rule 4, filed 3/23/60. Formerly WAC 134-12-040.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-050 - Regulation of water right diversions - Closure of diversions

Current through Register Vol. 24-14, July 15, 2024
The watermaster or a representative of the department of ecology, shall close such diversions for noncompliance by issuing an order.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-050, filed 6/9/88; Rule 5, filed 3/23/60. Formerly WAC 134-12-050.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-060 - Regulation of water right diversions - Penalty for opening

Current through Register Vol. 24-14, July 15, 2024
Any water user opening a diversion after it has been closed or posted, under the above rules, shall be guilty of a misdemeanor under chapter 90.03 RCW.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-060, filed 6/9/88; Rule 6, filed 3/23/60. Formerly WAC 134-12-060.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-080 - Determination of existing rights to the use of water

Current through Register Vol. 24-14, July 15, 2024
Upon the filing of a petition by one or more persons requesting the rights to the use of the waters of a stream or other source of water, the department of ecology shall conduct a reconnaissance survey for the purpose of determining whether or not the interests of the public can best be served by the adjudication of the individual rights thus involved. If an adjudication proceeding is instigated, the department of ecology shall determine the description of lands to be included as well as the record ownerships. Each owner and interested party will be made a party to the proceedings and a lis pendens will be filed with the county auditor. (RCW  90.03.110 and 90.03.120.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-080, filed 6/9/88; Rule 8, filed 3/23/60. Formerly WAC 134-12-080.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-090 - Surface water appropriation procedure - Rights of way

Current through Register Vol. 24-14, July 15, 2024
Permits secured through this office do not carry any right of way privileges. Right of way for diversion, storage or transmission facilities must be obtained by the permittee from the owner of the property on which such structure or ditch will be located, or by condemnation proceedings.
Rule 9, filed 3/23/60. Formerly WAC 134-12-090.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-100 - Surface water appropriation procedure - Applications for permit - Forms

Current through Register Vol. 24-14, July 15, 2024
Applications for permit to appropriate surface water shall be made on forms provided by the department of ecology. (Supplements paragraph 5, RCW 43.21.130.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-100, filed 6/9/88; Rule 10, filed 3/23/60. Formerly WAC 134-12-100.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-110 - Surface water appropriation procedure - Number of applications

Current through Register Vol. 24-14, July 15, 2024
It shall be the general rule that an application must be filed for each separate source of water. In special instances one application may cover more than one source of water such as, a group of springs in close relationship to each other and with no intervening property ownership; and, to divert from two or more streams whose confluence is upon lands of the applicant; and, where a common distribution system may be employed. The amount, point of diversion, and purpose of use from each source must be indicated in the application.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-110, filed 6/9/88; Rule 11, filed 3/23/60. Formerly WAC 134-12-110.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-120 - Surface water appropriation procedure - Maps or sketches

Current through Register Vol. 24-14, July 15, 2024
A map must accompany the application showing source of supply, point of diversion, tie to a legal land corner, and general plan of the proposed development. If for irrigation, it must clearly show the lands to be irrigated. For small projects, maps or sketches prepared by the applicant on forms provided by this office will be acceptable if legible and accurate. For larger projects, maps on any reasonable scale prepared by engineers in planning the project may be required. (Supplemental to RCW  90.03.260.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-120, filed 6/9/88; Rule 12, filed 3/23/60. Formerly WAC 134-12-120.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-130 - Surface water appropriation procedure - Applications filed by nonowners

Current through Register Vol. 24-14, July 15, 2024
Where the applicant is other than the legal owner or part owner of the land on which the water is to be used, the application shall bear the signature and address of the legal owner in addition to the signature of the applicant. (Supplements RCW 90.20.020.)
Rule 13, filed 3/23/60. Formerly WAC 134-12-130.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-140 - Surface water appropriation procedure - Priority of application

Current through Register Vol. 24-14, July 15, 2024
The priority of an application is established as of time and date received when accompanied by initial examination fee. In the case of governmental agencies, who are required to make payment by voucher, it shall be accepted as payment of initial fee when transmitted with the application.
Rule 14, filed 3/23/60. Formerly WAC 134-12-140.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-150 - Surface water appropriation procedure - Affidavit of publication of notice

Current through Register Vol. 24-14, July 15, 2024
An affidavit of publication of the notice of water right application executed by the publisher must be filed with the department of ecology as proof of due notice to the public. (RCW  90.03.280.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-150, filed 6/9/88; Rule 15, filed 3/23/60. Formerly WAC 134-12-150.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-160 - Surface water appropriation procedure - No action on permits allowable prior to thirty days after last publication

Current through Register Vol. 24-14, July 15, 2024
No action shall be taken toward issuance of a permit or granting a petition for change in point of diversion, purpose or place of use until thirty days after date of last publication of notice as provided in RCW  90.03.280 and 90.03.380. In all instances, RCW  90.03.470(12) shall apply.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-160, filed 6/9/88; Rule 16, filed 3/23/60. Formerly WAC 134-12-160.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-170 - Surface water appropriation procedure - Protests or objections

Current through Register Vol. 24-14, July 15, 2024
(1) Protests or objections to granting a permit or petition for change must be submitted within the prescribed thirty day period and must include a statement of the basis for said objections.
(2) All protests or objections will be thoroughly investigated by the department of ecology which may hold a meeting among the parties for fact-finding purposes.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-170, filed 6/9/88; Rule 17, filed 3/23/60. Formerly WAC 134-12-170.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-180 - Surface water appropriation procedure - Amendments or transfers

Current through Register Vol. 24-14, July 15, 2024
Applications for amendments or transfers shall be made on forms provided by the department of ecology. (Supplements RCW  90.03.380.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-180, filed 6/9/88; Rule 18, filed 3/23/60. Formerly WAC 134-12-180.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-190 - Surface water appropriation procedure - Amendments as to source, quantity, etc

Current through Register Vol. 24-14, July 15, 2024
(1) In the event an applicant or permittee should desire to amend the terms of his application or permit regarding source, quantity, point of diversion, purpose, or place of use, the procedure shall be as outlined in RCW  90.03.380 excepting that no certificate of change will issue but the amendments shall be incorporated in the terms of the permit.
(2) Amendment of a permit may be made without affecting priority, only after full consideration of the proposed changes in accordance with the provisions outlined in RCW  90.03.290.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-190, filed 6/9/88; Rule 19, filed 3/23/60. Formerly WAC 134-12-190.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-200 - Surface water appropriation procedure - Division of land ownership before certificate issued

Current through Register Vol. 24-14, July 15, 2024
Where a permit has been issued to a person and the land to which the water right is to become appurtenant has been divided before the issuance of a water right certificate, separate certificates may be issued to each holder of land with the proper share of the water allotted, providing assignments of each share are recorded with the department of ecology. (Supplements RCW  90.03.380.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-200, filed 6/9/88; Rule 20, filed 3/23/60. Formerly WAC 134-12-200.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-210 - Surface water appropriation procedure - Seasonal permits

Current through Register Vol. 24-14, July 15, 2024
Seasonal permits for change of point of diversion, purpose and/or place of use of water, shall be in writing and signed by the director of the department of ecology or a duly authorized representative. (RCW  90.03.390.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-210, filed 6/9/88; Rule 21, filed 3/23/60. Formerly WAC 134-12-210.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-220 - Groundwater appropriation procedure - Applicability of foregoing rules

Current through Register Vol. 24-14, July 15, 2024
The general application of rules numbered WAC 508-12-080 through 508-12-210 inclusive on surface water applications, shall also apply to the groundwater appropriation procedure.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-220, filed 6/9/88; Rule 22, filed 3/23/60. Formerly WAC 134-12-220.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-230 - Groundwater appropriation procedure - Relative rights - Ground and surface water appropriators

Current through Register Vol. 24-14, July 15, 2024
Where controversy arises over the relative rights as between ground and surface water appropriators, the basic law of "first in time, first in right" shall apply.
Rule 23, filed 3/23/60. Formerly WAC 134-12-230.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-240 - Groundwater appropriation procedure - Where proposed construction is near surface water supply

Current through Register Vol. 24-14, July 15, 2024
Where a proposed well is to be constructed near a lake, stream, or spring, which is heavily or fully appropriated, the department of ecology may specify a minimum distance between the well location and the surface water supply, or, require that the well casing be installed in such a manner as to insure a break in hydraulic continuity between the well and the shallow groundwaters contributing to the surface water supply.
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-240, filed 6/9/88; Rule 24, filed 3/23/60. Formerly WAC 134-12-240.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-250 - Groundwater appropriation procedure - Where wells penetrate artesian water zones

Current through Register Vol. 24-14, July 15, 2024
Wells penetrating artesian water zones: RCW  90.44.070.
(1) Wells taking water from artesian zones shall contain water-tight casings from the ground surface down through and properly sealed into the confining layer.
(2) Issuance of permits to take water from an artesian zone shall not be stopped when existing wells penetrating said artesian zone no longer flow at ground surface; rather, a reasonable seasonal lowering of the water table will be permissible to more fully utilize the reservoir capacity of the aquifer.
(3) Where the waste of water through improperly constructed wells has been found and wasting of said water is depriving others of water to which they are entitled, or causing an unreasonable drop in the water table, or threatens permanent damage to the aquifer, the department of ecology shall direct the owner to make necessary repairs to correct the situation. (RCW  90.44.120.)
Statutory Authority: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-250, filed 6/9/88; Rule 25, filed 3/23/60. Formerly WAC 134-12-250.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-260 - Reservoir permits - Where required

Current through Register Vol. 24-14, July 15, 2024
A reservoir permit will be required whenever it is proposed to construct a barrier across a stream, channel, or water course, and which will actually retain for a beneficial use a portion of the annual runoff of the stream or water course. (For positive determination of the necessity of a reservoir permit, a reservoir shall be defined as any dam or dike storing water to a depth of ten or more feet at its deepest point, or one that is retaining ten or more acre-feet of water.) This will also apply to a reservoir adjacent to a stream channel when water will be required to fill the reservoir in addition to a constant diversion to keep it full.
Rule 26, filed 3/23/60. Formerly WAC 134-12-260.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-270 - Reservoir permits - Limits on filling

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise specified, a reservoir permit will allow the permittee to fill the reservoir once annually and the permit shall specifically state the period during which the water may be used to fill the reservoir. If water in excess of one filling of the reservoir is required, a further application for the additional water must be filed.
Rule 27, filed 3/23/60. Formerly WAC 134-12-270.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-390 - 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: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-390, filed 6/9/88.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-400 - 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: Chapter 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-400, filed 6/9/88.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-12 - Administration of surface and groundwater codes › Section 508-12-410 - 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 43.27A RCW. 88-13-037 (Order 88-11), §
										508-12-410, filed 6/9/88.
Washington Administrative Code › Title 508 - Ecology, Department of (Water Resources) (See Titles 173, 197, and 372) › Chapter 508-14 - Columbia Basin project - Groundwaters › Section 508-14-025 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the department of ecology pursuant to chapters 43.21, 43.21A, 43.27A, 90.03, 90.44, and 90.54 RCW.
Statutory Authority: RCW 43.21A.060. 86-04-058 (Order DE 86-02), §
										508-14-025, filed 2/4/86.