Washington Administrative Code

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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. WSR 98-08-031 (Order 97-08), § 173-162-010, filed 3…

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. WSR 98-08-031 (Order 97-08), § 173-162-020, filed 3/23/98, effecti…

(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 …

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 …

(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 provisio…

(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 si…

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 w…

(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) Ha…

Application fees are seventy-five dollars for each operator or training license.[Statutory Authority: Chapter 18.104 RCW. WSR 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. WSR 98-08-031 (Ord…

(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 g…

(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…

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?…

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 examinati…

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:(…

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 tec…

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.]

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 whos…

(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 …

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 1…

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 pol…

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. WSR 88-08-070 (Order 88-58), § 17…

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 (…

The definitions included in this chapter are intended solely for the implementation of this chapter. This applies to the definitions in this section and those in WAC 173-165-100, Compliance and enforcement."Applicant" means an individual who has submitted an application to become…

(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…

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. Furth…

(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.(b) A qualified water conservancy board commissioner, as …

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 applicati…

(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.(2) For applicants with a disability, ecology will provide accommodations consis…

(1) Ecology will issue the CWRE certificate and add the certified water right examiner's name to the CWRE list on ecology's website within thirty days upon completion of the following:(a) The applicant shows proof of qualifications through the application process;(b) The applican…

(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 cre…

(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 authorizati…

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…

(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 …

(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 righ…

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 t…

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. WSR 91-03-081 (Order 90-53), § 173-166-020, filed 1/17/91, …

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 …

(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 activit…

(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 wat…

(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 drough…

Ecology may allow water users to obtain water from alternate sources during drought conditions. To accomplish this, ecology may issue emergency drought permits authorizing withdrawals of groundwater and surface water, including dead storage in reservoirs. Permits will be processe…

(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 t…

All final written decisions of the department of ecology made pursuant to this chapter shall be subject to review by the pollution control hearings board in accordance with the provisions of chapter 43.21B RCW.[Statutory Authority: RCW 43.83B.420. WSR 91-03-081 (Order 90-53), § 1…

The department of ecology will 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: RCW 43.83B.420. WSR 91-03-081 (Order 90-53), § 173-166…

The purpose of this chapter is to establish requirements for the grant and loan program covering rehabilitation, improvement, and construction of agricultural water supply facilities pursuant to Referendum 38, chapter 43.99E RCW. The department shall provide grants and loans to a…

(1) "Department" means the Washington state department of ecology.(2) "Agreement" means a binding legal document containing all applicable terms and conditions pertaining to loans and/or grants entered into under Referendum 38 which is signed by the program manager for the depart…

(1) Requests for financial assistance for the planning phase shall be submitted to the department between November 1 of any year and the last day of February of the following year.(2) The applicant shall submit an application form with the following minimum information:(a) Who sh…

The comprehensive water conservation plan, which is the ultimate work product due at the end of the planning phase, will address and provide information on the following topics for the geographical area indicated in the request for financial assistance:Applicant Organization(1) A…

(1) As available and awarded, financial assistance for the planning phase will be provided in the form of:(a) Grants in the amount of fifty percent of the total eligible phase costs; and(b) Concurrent loans in the amount of forty percent of the total eligible phase costs.(2) Loan…