Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-153 - Water conservancy boards › Section 173-153-030 - How are terms defined in this rule?

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, unless the context clearly
				indicates otherwise, the following definitions apply:
"Application"
means an application made on an
				ecology form identified as an Application for Change/Transfer to Water Right,
				form number 040-1-97 for a transfer of a water right, including those transfers
				proposed under authority of
				RCW
				90.03.380,
				90.03.390 and
				90.44.100. A board may supplement
				the application with additional forms or requests for additional documentation.
				These forms and documentation become a part of the application.
"Board"
means a water conservancy board pursuant
				to chapter 90.80 RCW.
"Bylaws"
means the internal operating procedures,
				policies, or other guidance adopted by a board and designated as the board's
				bylaws.
"Consumptive use"
means use of water whereby there
				is a diminishment of the water source.
"Director"
means the director of the department of
				ecology.
"Ecology"
means the department of ecology.
"Ecology regional office"
means the water
				resources program at the ecology regional office designated to a board as the
				office where the board shall interact as identified within this chapter.
"Geographic area"
means an area within the state
				of Washington in which an established board would have authority to process
				water right transfer applications. This area is identified by the legislative
				authority or authorities of the county or counties seeking to establish the
				water conservancy board. The area may be a single county, more than one county,
				a single water resource inventory area, or more than one water resource
				inventory area. If the identified geographic area contains all or part of more
				than one county, the counties involved must identify a "lead county" for
				certain administrative purposes.
"Lead county"
means the county legislative
				authority with which ecology will communicate for administrative purposes in
				cases where a water conservancy board's geographic area includes more than one
				county legislative authority.
"Nonwater right holder"
means, solely for the
				purpose of satisfying
				RCW
				90.80.050(2) in regard to
				determining whether a potential water conservancy board commissioner is a
				"nonwater right holder," any party who:
(1) Does not meet the criteria of a water
			 right holder as defined in this section; or
(2) Receives water solely through a water
			 distributing entity.
"Record of decision"
means the written conclusion
				reached by a water conservancy board regarding a transfer application, with
				documentation of each board commissioner's vote on the decision. The record of
				decision must be on a form provided by ecology and identified as a Record of
				Decision, form number 040-105.
"Report of examination"
means the written
				explanation, factual findings, and analysis that support a board's record of
				decision. The report of examination is an integral part of the record of
				decision. The report of examination must be on a form provided by ecology and
				identified as Water Conservancy Board Report of Examination, form number
				040-106.
"Source"
means the water body from which water is
				or would be diverted or withdrawn under an existing water right which an
				applicant has proposed to be transferred.
"Transfer"
means a transfer, change, amendment, or
				other alteration of part or all of a water right, as authorized under
				RCW
				90.03.380,
				90.03.390 or
				90.44.100.
"Trust water right"
means any water right acquired
				by the state under chapter 90.38 or 90.42 RCW, for management in the state's
				trust water rights program.
"Water conservancy board coordinator"
means the
				person designated by the director or his or her designee to coordinate
				statewide water conservancy board activities, communication, and training, and
				to advocate for consistent statewide implementation of chapter 90.80 RCW and
				chapter 173-153 WAC.
"Water right holder"
means, solely for the purpose
				of satisfying
				RCW
				90.80.020(2)(d) and
				90.80.050(2) in
				regard to determining whether the qualifications of petitioners to create a
				board and a potential water conservancy board commissioner are "water right
				holders," and as used within this rule, any individual who asserts that he or
				she has a water right and can provide appropriate documentation of a privately
				owned water right which is appurtenant to the land that they individually or
				through marital community property own or in which they have a majority
				interest. Exception to the definition of a water right holder for the purpose
				of determining a person's eligibility to be appointed as a commissioner is
				found in RCW
				90.80.050(5).
Statutory Authority:
				  RCW
				  90.80.040. 06-18-102 (Order 05-18), §
				  173-153-030, filed 9/6/06, effective 10/7/06; 03-01-039 (Order 01-13), §
				  173-153-030, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter
				  90.80 RCW. 99-23-101 (Order 98-11), § 173-153-030, filed 11/17/99,
				  effective 12/18/99.