Washington Administrative Code

(1) Requests for financial assistance for the implementation 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 will submit two preapplication forms to the nearest local clearinghouse; one…

(1) The implementation phase project(s) must be included in a comprehensive water conservation plan approved by the department.(2) The agricultural water supply facilities must be designed to accomplish the purpose of the planned project. Accepted engineering design principles, c…

(1) Implementation phase projects will be categorized by the department as Class A projects or Class B projects in accordance with the definitions for those terms under WAC 173-170-020 (5) and (6).(2) As funds are available and awarded, financial assistance for Class A projects s…

(1) Applications for emergency projects may be accepted at any time throughout the year. The application shall indicate:(a) The nature of the occurrence that caused the need for repairs;(b) The location of needed repairs;(c) A project description of the repairs; and(d) A summary …

(1) The Yakima River Basin Water Enhancement Project (YRBWEP) may be provided state funding by agreement with the department, to the extent that moneys are available.(2) Funds provided under this section for YRBWEP shall be exempt from WAC 173-170-080.[Statutory Authority: Chapte…

(1) A fisheries or recreational facility element is the part of an implementation project that provides public benefits through concomitant use of water within an agricultural water supply facility. Specific elements are defined in WAC 173-170-020 (9) and (16).(2) Financial assis…

The department will publish guidelines which will describe in greater detail the financial assistance application, application review and funding issuance processes, the terms of financial assistance, and other elements of this program. These guidelines will also describe recomme…

(1) This rule establishes standards of acceptability for measuring devices and methods, and requirements for recording and reporting water use data.(2) All measuring devices or measuring methods required to be installed under this chapter must conform to requirements for measurin…

(1) The department seeks to ensure the reliable, accurate measurement of state water that is diverted, withdrawn, stored and used so that sound decisions may be made in administering state water laws and regulations.(2) The department has the following specific goals for the enfo…

(1) RCW 90.03.360 directs the department of ecology to require that diversions allowed by all new surface water permits be either metered or measured by other approved methods.(2) RCW 90.03.360 also directs the department to require metering or measurement by other approved metho…

The requirements of this chapter apply to the owner or owners of any source water diversion or source withdrawal and to the department.(1) Any owner or owners of any surface water diversion are required by state law (RCW 90.03.360) to measure and regulate their water use.(2) The …

(1) "Approved measuring device" means an instrument or facility constructed and operated in conformance with the requirements of this chapter and that measures the volume or flow rate of water which is diverted, withdrawn, stored, or used.(2) "Approved measuring method" means a p…

(1) The department may require any responsible party to report data describing the volume of water diverted, withdrawn, used or stored, and other related information.(2) If a responsible party is required to report information regarding water use, the report must be submitted on …

(1) The following requirements to measure and report water use, when the department so requires, shall apply to responsible parties who divert or withdraw water.Recording and Reporting RequirementsAverage diversion rate in gallons per minute<10 gpm10-49 gpm˃50 gpmRecording freque…

(1) Yes. The department may modify the reporting requirements in WAC 173-173-060 of this chapter if it concludes that different reporting requirements are necessary to meet the water measurement and reporting goals described in WAC 173-173-015.(2) The department will provide a wr…

(1) No withdrawal or diversion of water shall be made unless the measuring devices and facilities are in proper operating condition, except when:(a) A measuring device or facility is being repaired according to the requirements of subsection (2) or (3) of this section; and(b) The…

(1) At any flow rate measured by the meter, the meter itself shall be rated by the manufacturer to register not less than ninety-five percent, nor more than one hundred five percent, of the water actually passing through the meter.(2) At any flow rate measured by the measuring sy…

Meters required under this rule shall meet the following installation requirements:(1) The meter shall be installed in accordance with manufacturer specifications.(2) There shall be a full pipe of water at all times when water is being withdrawn.(3) The meter shall not be install…

(1) Meters shall be inspected and maintained as specified by the manufacturer.(2) Meters shall be field or shop calibrated, as specified by the manufacturer. Meters also shall be field or shop calibrated and/or repaired if they are over or under registering. System diagnostics ma…

The following requirements apply to weirs, flumes, ramps and orifices. For other devices, the department will determine specific requirements on a case-by-case basis.(1) At any flow rate measured by the measuring system, i.e., the measuring device plus any secondary equipment suc…

The measuring facility shall be installed or constructed in accordance with the manufacturer's and/or designer's specifications.[Statutory Authority: RCW 90.03.360, 90.44.050, [90.44.]250, [90.44.]450 and chapter 43.21A RCW. WSR 02-02-017 (Order 00-01), § 173-173-140, filed 12/21…

(1) Rating curves shall be recalculated when there is a change in channel conditions that significantly alters flow across the control or once a year, whichever is more frequent.(2) If the measuring system has no continuous stage recorder, an observer shall read the staff gage an…

(1) Use of power consumption data may be substituted for more direct flow measurement methods, provided:(a) Use of the method is approved in writing by the department;(b) Installation of a water meter would be unduly burdensome to the water user;(c) The water system maintains a c…

Any responsible party may use an alternative water measuring device or method that differs from those described in this chapter, if:(1) The method is approved in writing in advance by the department; and(2) The device(s) and installation are certified by a registered professional…

(1) Yes. Any responsible party may request in writing to the department a variance from the requirements of this chapter pertaining to the:(a) Acceptable accuracies of measuring devices and methods;(b) Reporting of water use data;(c) Calculation of rating curves;(d) Other provisi…

All measurement notes, rating curves, calculations, and data logs should be retained as long as practicable, and copies made available to the department when requested.[Statutory Authority: RCW 90.03.360, 90.44.050, [90.44.]250, [90.44.]450 and chapter 43.21A RCW. WSR 02-02-017 (…

Yes. The department will notify the department of fish and wildlife regarding the status of fish screens associated with diversions and withdrawal facilities subject to this rule.[Statutory Authority: RCW 90.03.360, 90.44.050, [90.44.]250, [90.44.]450 and chapter 43.21A RCW. WSR …

Yes. In enforcing this chapter the department can impose such sanctions as are appropriate under the authorities vested in it, including, but not limited to, issuing regulatory orders under RCW 43.27A.190 and civil penalties under RCW 90.03.600.[Statutory Authority: RCW 90.03.360…

Yes. Appeals may be filed with the pollution control hearings board in accordance with RCW 43.21B.230, except that appeals of orders to measure water use issued by a court conducting a general adjudication of water rights pursuant to RCW 90.03.110 through 90.03.245 shall be filed…

Yes. The department will initiate a review of the rules established in this chapter if new information, changing conditions, or statutory modifications make it prudent or necessary to consider revisions to the chapter.[Statutory Authority: RCW 90.03.360, 90.44.050, [90.44.]250, […

These regulations provide for the comprehensive regulation and supervision of dams in order to reasonably secure safety to life and property pursuant to chapters 43.21A, 43.27A, 86.16, 90.03, 90.28, and 90.54 RCW. The purposes of these regulations are to:(1) Designate the types o…

(1) These regulations are applicable to dams which can impound a volume of ten acre-feet or more of water as measured at the dam crest elevation. The ten acre-feet threshold applies to dams which can impound water on either an intermittent or permanent basis. Only water that can …

As used in this chapter:"Acceptance" means acceptance by the department that the proposed plan(s) will satisfactorily address issues associated with proper operation, maintenance, inspection, or emergency action."Annual exceedance probability" means the chance that a specified ma…

(1) Activities related to the safety of dams that require review and approval by the department as detailed in this chapter include:(a) Construction of a new dam;(b) Modification of an existing dam;(c) Removal or abandonment of an existing dam;(d) Construction change orders for p…

The department will develop and maintain Dam Safety Guidelines to aid dam owners and project engineers in complying with the department requirements in developing, producing, or conducting:(1) Engineering design reports;(2) Plans and specifications;(3) Construction inspection pla…

When a change of ownership of a dam occurs, the new owner shall notify the department within ninety days following the transaction and provide:(1) The mailing address and telephone number where the owner can be contacted.(2) The name(s) and telephone number(s) of the individual(s…

(1) Any person intending to construct or modify any dam shall, before beginning said construction or modification, submit plans and specifications and a construction inspection plan for review and approval by the department.(2) The approval of these documents will be indicated by…

The sequence of tasks to be completed by the owner or the project engineer, and the actions taken by the department in permitting dam construction are outlined below. A more complete description of the required tasks, reports, and plans are described in later sections, and additi…

(1) The department shall supply an application form to be used to initiate the process for obtaining the construction permit.(2) The application form shall be submitted to the department at the time that the first substantive engineering information becomes available about the pr…

(1) Engineering design reports summarizing the various engineering investigations and pertinent project information are an important element of the project design documents. All pertinent engineering design reports that have been prepared during project formulation shall be submi…

(1) Two copies of the plans and specifications, bearing the seal and signature of the project engineer, shall be submitted to the department for engineering review. Upon approval, one copy will be retained by the department and the other copy will be returned to the owner or the …

There is a fee for the review of plans and specifications and for construction inspections conducted by the department. The amount of the fee and owner requirements for fee payment are contained in WAC 173-175-350 through 173-175-400.[Statutory Authority: RCW 43.21A.064, [43.21A.…

The department will review engineering design reports, plans, and specifications and the construction inspection plan to ascertain that the proposed project will be designed and constructed in a manner which will reasonably secure safety to life and property.(1) The department's …

(1) A detailed plan shall be submitted to the department describing how adequate and competent construction inspection will be provided.(2) The construction inspection plan shall be prepared by a professional engineer and shall bear his/her seal and signature.(3) The construction…

(1) After the department has determined that the plans and specifications and construction inspection plan conform to accepted engineering practice, these documents will be approved and a construction permit will be issued which authorizes construction to commence.Construction sh…

(1) All dam projects subject to the provisions of this regulation shall be constructed in accordance with the plans and specifications approved by the department. Any proposed changes to the department-approved plans which could have an effect on structural integrity or safe oper…

(1) It will be the department's role during construction to confirm that the project engineer, as representative for the owner, is properly implementing the department approved construction inspection plan.(2) The department will periodically observe the construction work to inde…

(1) An operation and maintenance (O&M) plan shall be developed and submitted to the department for review and acceptance. The O&M plan shall outline and summarize how the project is to be operated and how the basic elements of monitoring, inspection and maintenance, as listed in …

In those cases where a failure of the dam could pose a risk to life based on the current level of development in downstream areas (downstream hazard classes 1A, 1B, 1C, and 2, WAC 173-175-130), an emergency action plan (EAP) shall be developed and submitted to the department for …

Within sixty days following substantial completion of construction or modification of a dam, the project engineer shall submit to the department:A declaration stating the project was constructed in accordance with the department approved plans and specifications and construction …