Washington Administrative Code

This regulation is promulgated by the department of ecology under authorities and procedures provided in chapters 43.21A, 90.03 and 90.44 RCW and after giving notice as provided in chapter 34.04 RCW.[Order DE 74-24, § 173-132-030, filed 10/18/74.]

"Duck Lake groundwater subarea" shall mean those lands lying within Okanogan County described as follows:Beginning at the west quarter corner of Sec. 23; thence northeast through the north quarter corner of Sec. 23 and the east quarter corner of Sec. 14 to the north quarter corne…

"Duck Lake groundwater subarea" shall include those lands that lie within the heavy outline shown on the following map:duck lake groundwater subarea[Order DE 74-24, § 173-132-050, filed 10/18/74.]

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: Chapters 43.21A, 43.27A, 90.03 and 90.44 RCW. WSR 88-…

This chapter is promulgated by the department of ecology under authority and procedures provided in chapters 34.04, 43.21A, 90.03, and 90.44 RCW.[Statutory Authority: RCW 43.21A.060, 43.21A.080, 43.27A.090, 90.44.130, 90.54.040(2) and chapter 90.03 RCW. WSR 83-12-060 (Order DE 83…

The Quincy groundwater subarea was duly established and the boundaries were set forth in chapter 173-124 WAC on January 15, 1973. Management rules for the Quincy subarea were then adopted on January 9, 1975, as chapter 173-134 WAC and amended on July 26, 1979.The department has m…

The purpose of this chapter is to set forth rules of the department of ecology for the administration of all groundwaters within the Quincy groundwater subarea, including among others, commingled public groundwaters and artificially stored groundwaters. This chapter replaces chap…

For purposes of this chapter, the following definitions shall apply:(1) "Artificially stored groundwaters" means waters beneath the land surface within an area, subarea, or zone which are the subject of the declaration by the bureau and accepted by the department of ecology.(2) "…

All public and artificially stored groundwater of the Quincy subarea shall be managed and regulated by the department of ecology in accordance with this chapter.[Statutory Authority: RCW 43.21A.060, 43.21A.080, 43.27A.090, 90.44.130, 90.54.040(2) and chapter 90.03 RCW. WSR 83-12-…

All withdrawals of waters of the deep management unit will be controlled by the prior appropriation provisions of RCW 90.44.050 and 90.44.060 and related code sections. The total authorized withdrawals under state permits or certificates from the deep management unit shall not ex…

The department may approve amendments to public groundwater permits for lands located within the Quincy subarea, including changes in points of withdrawal, purpose, and places of use, only if it believes, after investigation, that the activities proposed in the amendment or amend…

Waters of the shallow management unit shall be subject to the following:(1) Applications for withdrawal of public groundwaters shall be processed in accordance with the provisions of chapters 90.44 and 90.03 RCW.The total quantity of withdrawals of public waters, whether authoriz…

The total withdrawal limitations of WAC 173-134A-060 and 173-134A-080 shall apply only to that geographical area within the Quincy groundwater subarea that was described in the declaration of ownership of artificially stored waters by the United States Bureau of Reclamation accep…

(1) The department of ecology shall be responsible for the water management and regulation program applicable to the comingled waters provided in this chapter, including the authorization of withdrawals of artificially stored groundwaters and regulation of the same. The departmen…

(1) For the purpose of advising the department in the implementation of this chapter, there is established a technical committee consisting of one permanent member and one alternate member each from the bureau and the department assisted by other technical advisors (e.g. irrigati…

Whenever the bureau believes its interest in the groundwaters of the Quincy subarea are not being adequately protected, it may request the department to issue regulatory orders or take other appropriate management and regulatory actions designed to protect such interest. If the d…

(1) The permit program of WAC 173-134A-080(2) shall not relate to (a) agricultural drains or (b) withdrawals of artificially stored groundwaters performed for the purpose of removing excess waters injurious to private or project lands, to bureau canals or wasteways or other simil…

(1) No use of water under a permit issued pursuant to WAC 173-134A-080(2) shall take place until the recipient of such permit shall enter into an agreement with the bureau, on a form and in a content, approved and previously agreed to by the bureau and the department, pertaining …

(1) Nothing in this chapter, including any permit issued pursuant hereto, shall authorize the use of waters in a manner which injures the property of others.(2) Nothing in this chapter purports or is intended to modify any rights of an irrigation district created under a water de…

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: Chapters 43.21A, 43.27A, 90.03 and 90.44 RCW. WSR 88-…

To the extent the department identifies groundwater rights that have reverted to the state pursuant to RCW 90.14.130, et seq.; it, in its discretion, may issue public groundwater permits not exceeding those quantities. Public groundwater made available due to relinquishment of wa…

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:…

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: C…

The purpose of this chapter is to establish a permit system as a part of a comprehensive state water management and regulatory control program pertaining to the withdrawal and use of groundwaters consisting of commingled artificially stored groundwaters and public waters located …

Definitions. For purposes of this chapter the following definitions shall apply. (It is noted that the (2) and (6) hereof are not intended to be identical with definitions contained in RCW 90.44.035.)(1) "Area, subarea, or zone" means a ground water area, subarea, or zone designa…

No person, unless expressly exempted by a specific management regulation of the department adopted for an area or subarea, may withdraw any artificially stored groundwaters for beneficial use from any area, subarea, or zone without first obtaining a permit from the department of …

(1) The criteria for ruling on an application for a permit are as follows. An application shall be approved if:(a) Artificially stored waters are available for withdrawal; and(b) The public interest will not be detrimentally affected; and(c) Rights to withdraw public water will n…

(1) Public notices of applications filed with the department shall be required by the department only when it appears to the department that the public interest will be served. When a notice is required the applicant shall be responsible for its publication in a form, manner, and…

Every permit issued pursuant to this chapter shall be:(1) Conditioned to insure the protection of public interest and values and of the rights of withdrawal and use established in public waters and artificially stored groundwaters both prior and subsequent to the issuance of such…

Permits issued pursuant to this chapter do not establish or embody water rights as provided in RCW 90.44.050 and 90.44.060.[Order 74-36, § 173-136-070, filed 1/9/75.]

A copy of each permit issued by the department under this chapter shall be transmitted, at the time of issuance, to the holder of a declaration accepted by the department pursuant to RCW 90.44.130 pertaining to artificially stored groundwater.[Order 74-36, § 173-136-080, filed 1/…

Failure to comply with the provisions of this chapter, including failure to obtain a permit as required herein and violation of a condition of such a permit, shall constitute a basis for the imposition of civil and criminal sanctions contained in applicable state statutes.[Order …

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:…

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: Ch…

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: Chapters 43.21A, 43.27A, 90.03 and 90.44 RCW. WSR 88-…

RCW 86.26.050 provides that counties and other municipal corporations responsible for flood control maintenance may apply to the department of ecology for financial assistance for the preparation of comprehensive flood control management plans and for flood control maintenance pr…

For the purposes of this chapter, the following definitions are used:(1) "Applicant." An eligible municipal corporation seeking matching funds for flood control maintenance work.(2) "Appropriate local authority." A county, city, or town that has planning and land use jurisdiction…

Criteria to be used in determining eligibility for FCAAP funds are as follows:(1) Eligible municipal corporation. The applicant must be an eligible municipal corporation as defined in WAC 173-145-020(6).(2) Public benefit. The applicant must demonstrate that their comprehensive f…

The county engineer of the county within which the maintenance project is located shall certify that the CFCMP has been completed and adopted by the appropriate local authority or is being prepared. Comprehensive flood control management plans, and any revisions to the plans, mus…

Local jurisdictions within which flood control maintenance projects are located, must be engaging in flood plain management activities. Under chapter 86.26 RCW the director of the department of ecology must approve the flood plain management activities of the county, city, or tow…

The project application process for the eligible municipal corporations' applications includes the following in the general sequence given.(1) The applicant shall prepare the project application to comply with the provisions of chapter 86.26 RCW and this chapter. The application …

The project approval process for the eligible municipal corporations' applications includes the following in the general sequence given.(1) Ecology will review all projects for compliance with the requirements under this chapter and chapter 86.26 RCW.(2) Ecology shall consult wit…

The priority given to projects by ecology, the counties, and other eligible municipal corporations shall involve consideration of the following criteria:(1) The relationship of public benefits to total project costs;(2) The priority that has already been established by each count…

The flood control assistance account is established at four million dollars at the beginning of each biennium. The following criteria must be used for allocating FCAAP funds:(1) The amount of FCAAP funding for any project, except emergency projects described in WAC 173-145-100, m…

Funds must be available for flood control projects in response to unusual, unforseeable [unforeseeable] , and emergent flood conditions and must be allocated in amounts adequate for the preservation of life and property. The following criteria must be the basis of allocating the …

Approval for eligibility by ecology will only be required once for a project that continues more than one biennium, but funding for each subsequent biennium is subject to further FCAAP appropriation by the legislature.[Statutory Authority: RCW 86.26.105. WSR 01-02-006 (Order 00-1…

All work that is funded from the flood control assistance account shall conform to the standards and specifications of the county engineer.[Statutory Authority: RCW 86.26.105. WSR 01-02-006 (Order 00-13), § 173-145-120, filed 12/21/00, effective 1/21/01. Statutory Authority: Chap…

The following are the responsibilities and criteria for project construction monitoring and final approval:(1) County engineer responsibilities. Associated with responsibility for project plan approval and supervision of the project work, the county engineer shall provide inspect…

Written agreements will be prepared by ecology as a means to reimburse eligible municipal corporations for work done on approved eligible projects or for development of CFCMP's. Written agreements, billing, and payment shall comply with ecology's standard requirements for grants …

All flood control maintenance and comprehensive flood control management planning (CFCMP) projects subject to the provisions of this rule must be conducted in accordance with the plans, specifications, and conditions approved by ecology. Any contemplated changes during constructi…