The Washington State Department of Ecology (Ecology) is seeking public comment on the proposed rule that guides the creation and operation of Water Conservancy Boards. This rule is in response to legislation passed in 1997 and codified under Chapter 90.80 RCW The legislation allows counties to establish local water conservancy boards to process water right transfer and change applications. A water right change may include the place where water is used, the location where water is withdrawn or diverted, adding points where water is withdrawn or diverted from a lake or stream, or changing the purpose of the water right. Water right change or transfer recommendations by the conservancy boards are subject to final approval by Ecology.
You may want to attend a public hearing to give Ecology your input on the proposed rule.
Olympia
July 7, 1999, 7:00 p.m.
Department of Ecology - Auditorium 300 Desmond Drive (360) 407-7262
Moses Lake
July 14, 1999, 7:00 p.m.
Big Bend Community College Student Center Auditorium, Bldg. 1400 7662 Chanute St. (509) 762-5351
You may also send comments to Ecology, through July 21, 1999, to Peggy Clifford, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail address: pcli461@ecy.wa.gov or FAX (360) 407-7162.
Establishing Water Conservancy Boards Statewide
Ecology believes water conservancy boards, combined with locally based watershed management, is a positive direction for getting water to people, while preserving water for fish. Water conservancy boards are an extension of the water rights permitting function of Ecology.
We are very encouraged about water conservancy boards, in particular as part of watershed management. We welcome all counties in Washington state with an interest in establishing conservancy boards to contact us. Processing change applications can be a challenging task. However, we believe this shared governance with local communities is another step toward breaking some of the gridlock surrounding water right permit processing.
Approximately 6,800 water right applications statewide are awaiting decisions by Ecology. About 24 percent or 1,600 of the applications are changes to existing water rights. Under the new law, local governments are given the option to establish conservancy boards to process decisions for those applicants who elect to have the conservancy board evaluate their applications for changes to existing water rights.
After review and consideration of all comments, Ecology plans to adopt a final rule in September. The agency will prepare a "Concise Explanatory Statement" addressing all written and oral comments. Ecology will send a copy of the responsiveness summary to those who provide comments.
We plan to train new board members in the fall of 1999. Newly created boards may begin processing water right decisions once boards members have received training and the proposed rule is adopted.
Background--The Pilot Rule Process
Governor Gary Locke directed Ecology to initiate pilot rule making for the new chapter of the water code. and authorized the establishment of up to two conservancy boards during development of the draft rule. Benton and Lewis counties established conservancy boards under the pilot rule. Once trained, the boards began making recommendations to Ecology on water right changes and transfers. We have completed the pilot process for the conservancy board rule in cooperation with the two established conservancy boards. The pilot period was beneficial because Ecology found some areas of the draft rule that were not clear procedurally and we have amended the draft rule to clarify the process.
For More Information
You may view the proposed rule on Ecology's web site:
http://www.ecy.wa.gov/programs/wr/rights/cbrules6.html . You may also call Paula Smith at (360) 407-6607 to have a copy mailed to you. For more information on the proposed rule contact Peggy Clifford at (360) 407-7262, or e-mail address: pcli461@ecy.wa.gov
If you have special accommodation needs in order to participate in the hearings, please contact Paula Smith at the number listed above or (360) 407-6006 TDD, before June 30, 1999.
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