Washington Administrative Code

These rules are adopted under RCW 90.58.550(6) for the purpose of establishing the basic requirements for the exploration activity permit system.[Statutory Authority: RCW 90.58.550(6). WSR 00-16-080 (Order 00-12), § 173-15-010, filed 7/28/00, effective 8/28/00. Statutory Authorit…

The following definitions apply:(1) "Department" means the department of ecology.(2) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters. Those activities includ…

The permit system established by RCW 90.58.550 is as follows:(1) Applicability.(a) A person who desires to perform oil or natural gas exploration activities by vessel located on or within marine waters of the state shall first obtain a permit from the department.(b) An exploratio…

The purpose of this chapter is to establish and set forth the policies and procedures of the department of ecology in regard to the protection of the availability of groundwater as it pertains to the water withdrawal facilities of holders of groundwater rights.[Statutory Authorit…

This chapter is promulgated by the department of ecology pursuant to chapters 43.21A, 90.44, 90.54 and 18.104 RCW.[Statutory Authority: Chapter 90.44 RCW. WSR 85-12-017 (Order 84-44), § 173-150-020, filed 5/29/85.]

For the purposes of this chapter the following definitions shall apply:(1) "Department" means the Washington state department of ecology.(2) "Groundwater right" means an authorization to use groundwater established pursuant to chapter 90.44 RCW, state common or statutory law exis…

For the purposes of this chapter, reasonable or feasible pumping lift shall be determined by the department taking into account the following factors, among others:(1) The geohydraulic characteristics of the aquifer;(2) The state of construction technology of water withdrawal fac…

If the department determines that a proposed appropriation of groundwater would cause a lowering of the water levels below a reasonable or feasible pumping lift in any withdrawal facilities of an existing groundwater right holder or that approval of the proposed appropriation wou…

For the purposes of this chapter, a groundwater right which pertains to qualifying withdrawal facilities, shall be deemed to be impaired whenever:(1) There is an interruption or an interference in the availability of water to said facilities, or a contamination of such water, cau…

Any senior groundwater right holder who believes that his water right has been impaired may notify the department of such impairment and request the assistance of the department to protect the availability of water to his qualifying withdrawal facilities. Such notification and re…

Upon notification to the department of the impairment of a groundwater right as provided in WAC 173-150-070 or on the department's own motion, the department may, when appropriate, notify the water right holders of the alleged impairment and of its intention to make investigation…

(1) Notwithstanding the provisions of WAC 173-150-080, should the senior and junior water right holders reach a voluntary agreement which satisfies the concerns stated in the notification of impairment, the department, if it determines that the public interest is fully protected …

As a general rule, an element of a groundwater right is the right to use waters of quality appropriate to the beneficial use. In addition to the protection of the availability of groundwater to the water withdrawal facilities of groundwater right holders, it shall be the policy o…

In addition to the procedures outlined in WAC 173-150-080, the department may regulate or control saltwater intrusion conditions caused by withdrawals from a freshwater aquifer or groundwater contamination caused by improper well construction techniques or other causes, through o…

The provisions of this chapter shall apply to all groundwater rights and groundwater users under state jurisdiction, except that WAC 173-150-080 shall apply only to permits issued or other groundwater rights established subsequent to the effective date of this chapter, or to with…

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 18.104, 43.21A, 43.27A, 90.44 and 90.54 RCW.…

Nothing in this chapter shall be construed to in any manner limit the authority of the department to administer and enforce the existing water resources laws of the state, including but not limited to chapters 18.104, 90.03, 90.36, 90.44, 90.48 and 90.54 RCW, and regulations prom…

This rule establishes the framework under which the department can:(1) Provide for the organization of its work;(2) Prioritize basins to be assessed;(3) Conduct basin assessments;(4) Prioritize investigations of water right applications by geographic areas; and(5) Establish crite…

For the purposes of this chapter the following definitions apply:(1) "Acquisition" means, for the purposes of WAC 173-152-035, buying or leasing water rights using the Columbia River account.(2) "Application" means an application for a new water right, a change or transfer to an …

The department will organize and manage its daily water rights workload as established in subsections (1) through (5) of this section, except for applications processed under WAC 173-152-035.(1) The department may establish regions and maintain regional offices or field offices f…

The department will organize and manage the daily workload as established in subsections (1) through (6) of this section for applications processed under chapter 90.90 RCW.(1) The department implements chapter 90.90 RCW in counties or portions of counties in the central, eastern,…

(1) The department may conduct assessments to assemble and compare information related to:(a) Water use;(b) Water availability;(c) The quantity of water allocated to existing rights;(d) Known or potential water rights not recorded within the state water right record, and claims t…

At ecology's discretion, the department may approve an application for priority processing that addresses one of the criteria below:(1) Within each regional office and among applications processed under chapter 90.90 RCW, the department may prioritize an application ahead of comp…

Nothing in this chapter precludes the department from processing an application filed for a project where the law provides a specific process for evaluation of the application and issuance of a decision, or where the law provides or allows for expedited processing of an applicati…

The purpose of this chapter is to establish procedures the department of ecology (ecology), water conservancy boards, applicants, concerned agencies, and the public will follow in implementing chapter 90.80 RCW. Chapter 90.80 RCW authorizes establishment of water conservancy boar…

These procedures apply to the establishment of water conservancy boards in accordance with chapter 90.80 RCW and to:(1) How such boards will function when processing water right transfer applications that are filed with a board or that are transferred to a board from ecology at a…

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 w…

All eligible entities identified in this section under subsection (1)(a) of this section are encouraged to consult with ecology when considering creation of a water conservancy board. In accordance with chapter 90.80 RCW, boards may have either three or five commissioners and mus…

How do counties notify ecology of board commissioner's and alternate's appointments and terms?(1) Upon approval of a new board by ecology, or upon approval of restructuring the number of commissioners on an existing board, the legislative authority of the county or the lead count…

Revocation:(1)(a) Ecology may revoke legal authority of a board to make any decisions regarding water right transfers for reasons which include, but are not limited to, the following:(i) If the board fails to issue a record of decision for a period of two years or more from the d…

(1) A board may be restructured as to the number of commissioners on the board and the geographic area of its jurisdiction.(2) A board, a county legislative authority, or a lead county legislative authority may request to restructure an existing board within its geographical juri…

What training is required for newly appointed board commissioners and alternates?(1) Every commissioner and alternate of a board shall complete a training program provided by ecology:(a) Before participating in any decision concerning a water right transfer application being cons…

(1) A board has authority to:(a) Evaluate water right transfer applications and issue records of decision and reports of examination for water right transfers;(b) Act upon the transfer of water rights to the state trust water right program, when doing so is associated with an app…

How are applications accepted for processing by a board?(1) Ecology will provide water right transfer application forms and applicant instructions to boards, which will make them available to the public upon request. All applications to a board must be made using the water right …

(1) Upon acceptance by a board of a water right transfer application in accordance with this chapter, the board shall publish a public notice of the proposed water right transfer in accordance with RCW 90.03.280. This notice must be published at least once a week for two consecut…

Where is a protest submitted regarding a water right transfer application before a board?(1) A protest against granting a proposed water right change or transfer, as identified in RCW 90.03.470(12), must be received by ecology, with the statutory protest fee, within thirty days o…

(1) Water conservancy board meetings must be in compliance with the Open Public Meetings Act, chapter 42.30 RCW. Additionally, minutes of the meetings must be recorded pursuant to chapter 42.32 RCW and such minutes must be made available for public review upon request.(2) At the …

(1) Boards shall base their records of decision and reports of examination regarding a transfer application on applicable state laws and regulations. In addition to specific water law, boards must also consult and consider other relevant state laws, including, but not limited to,…

(1) The director, or his or her designee, shall assign a representative of ecology to be available to provide technical assistance to each board as provided in RCW 90.80.055 (1)(d).(2) Upon request by a board, an ecology representative will provide technical assistance as the boa…

(1) Records of decision and reports of examination are adopted by a majority vote of a board, pursuant to RCW 90.80.070(4). A board's record of decision and report of examination must be in writing, and the record of decision and report of examination become part of the public re…

Who is notified of a board's record of decision and report of examination?(1) Ecology shall identify to all boards the ecology designated regional representative for receipt of each board's records of decision. Boards shall hand deliver or send by mail records of decision and rep…

(1) Upon receipt of a record of decision and report of examination, ecology shall document and acknowledge the date of receipt of such documents in writing to the issuing board. Ecology will post on its internet site, generally within five business days, the record of decision, d…

Who provides documentation of the transfer when it is completed?(1) When an affirmed transfer has been completed and the transferred water right has been put to beneficial use, the person authorized to transfer the water right must submit satisfactory evidence to ecology showing …

Boards are required to submit reports to ecology on their activities at the end of October of each year. The reports must be submitted to the water conservancy board coordinator on a form provided by ecology each year and must include information about board activities during the…

Any person aggrieved by ecology's decision to approve or disapprove the establishment or restructuring of a board, or by an ecology order to affirm, reverse modify, or remand a record of decision made by a board, may appeal the decision or order to the state pollution control hea…

Nothing in this chapter is intended to impair any existing water rights.[Statutory Authority: RCW 90.80.040. WSR 03-01-039 (Order 01-13), § 173-153-190, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. WSR 99-23-101 (Order 98-11), § 173-153-190, filed 11/1…

This chapter may be reviewed by ecology whenever new information, changing conditions, or statutory modifications make it prudent to consider revisions. In carrying out such a review, ecology shall consult with existing boards.[Statutory Authority: RCW 90.80.040. WSR 03-01-039 (O…

In many parts of the state groundwater aquifers exist at various depths below land surface. Such aquifers or groups of such aquifers may demonstrate a natural hydraulic separation to a significant degree over local or regional areas as evidenced, in part, by differing hydraulic h…