Meeting Notice
Water Rights Administration Rule Proposed
The Washington State Department of Ecology (Ecology) wants input from you on the contents of a proposed rule that will describe how Ecology administers water rights. Come to a workshop or send us your informal comments.
Proposed rule
Ecology intends to propose a rule to provide clarity, guidance, and consistency to the state's 65,000 water right permit and certificate holders, water right applicants, Ecology staff, and others on how the agency administers water rights. Consistency in Ecology's water right administration practices is important to provide clarity and predictability to communities, businesses, and others who supply water-to the people of the state.
The proposed rule, Chapter 173-151 WAC, would cover both procedural steps and substantial issues related to water rights and would apply to:
New water rights,
Applications to change water rights,
Comments made on water system plans reviewed by Ecology, and
Other formal agency actions such as State Environmental Policy Act (SEPA) reviews and comments, review of other planning documents, or requests for water right research.
This proposal will be an initial, incremental step towards a more comprehensive rule that addresses all aspects of water rights administration. Incremental rule making will provide ample opportunity for public participation. Our long-term goal is to ensure a consistent implementation of statutory law and common law, including case law, for the administration of water rights.
Background
Our water management system must sustain both local communities and the natural systems on which we all rely.
The system must protect existing rights, provide timely and predictable decisions and ensure clear accountability. The current water right rules, adopted in 1960, are quite brief and do not address many key issues that frequently arise in the water rights process. We need to update the rule because it is out of date with the current practices and directions of administering water rights. The current rules also do not reflect recent legislative and case laws.
Specific elements of the proposed rule
The proposed scope of the rule includes the following:
1. - - Perfection (meeting the conditions of the pen-nit):
What supporting information is required by a water right permit holder prior to Ecology issuing a certificate of water right? How does the applicant show that the conditions of the permit have been met?
2. - - A tool to pull back a document issued by Ecology in error:
The error could have been by Ecology (or predecessor) or a permit holder. For example, incorrectly issued (new understanding of the law) or false affidavit filed by the permit holder.
ú - - Result -- issuance of a superseding certificate to reflect perfected water.
3. - - Permit extensions:
- - Due diligence and reasonable progress. How is due diligence and reasonable progress to be evaluated both looking at the past and to the future?
- - Reasonable timeframe. What is evidence of good faith on the part of the water right holder to use the water within a reasonable timeframe? What is a reasonable timeframe? - Due regard by the decision-maker for the public interests affected. How is the public interest determined?
Is an inchoate (water that hasn't been put to use) right in good standing subject to new conditions?
4. - - Implementation of the Washington State Supreme Court's Ecology v. George Theodoratus, 135 Wn.2d 582, 957 P.2d 1241 (1998) decision:
- - Ecology does not propose that the rule will be a major change to agency practice since the Theodoratus decision. However, during the past two years we have . seen an increased need to move towards implementing the law more consistently as applications to change water rights and water system plans come before Ecology.
Public participation
The Water Resources Advisory Committee has been providing Ecology with advice and comments on the elements and scope of a draft rule. The advisory committee is representative of a range of water interests in the state including local governments, public utility districts, business interests, and environmental organizations. The initial elements of the proposed rule are now ready and Ecology is seeking further conunents and ideas from interested groups and citizens throughout the state. These initial discussions will guide us in developing a draft of the rule for which there will be a formal public comment period.
For more information
For additional information on the proposed rule, contact Steve Hirschey at (425) 649-7066 or email [shir461@ecy.wa.gov]. Updates, as well as additional information on water resources, can be found on Ecology's website at [http:Hwww.ecy.wa.gov/programs/wr/wrhome.htmi].
Workshops
Spokane .
Tuesday
Jan. 9 1:30 P.M.
Spokane Comm. College
Big Foot Room
N. 1810 Greene St
Spokane
Tri-Cities
Wednesday
Jan. 10, 1:30 pm.
Ecology's Kennewick Office
1315 W 4th Ave.
Kennewick
Wenatchee
Thursday
Jan. 11, 9:30 a.m.
Wenatchee City Hall Council Chambers
129 S. Chelan Wenatchee
Everett
Wednesday
Jan. 17, 9:30 a.m.
Everett Comm. College
Jackson Center Conference Room
801 Wetmore Ave Everett
Lacey
Friday
Jan. 19, 9:30 a.m
U.S. Fish & Wildlife Service
Sawyer Hall
510 Desmond Dr Lacey
Comments and questions about the proposed rule: Steve Hirschey, Dept. of Ecology, Northwest Regional
Office, Bellevue, (425) 649.7066, email: shir461@ecy.wa.gov
Information the public workshops: Christine Corrigan, (360) 407-6607, email- csun461@ecy.wa.gov
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