WSR 99-12-109

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 98-11-- Filed June 2, 1999, 9:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-15-105.

Title of Rule: Water conservancy boards.

Purpose: To clarify procedures for decision making between ecology and county water conservancy boards, and to clarify the authority of boards in making recommendations on applications for changes to water rights.

Other Identifying Information: This rule was tested using pilot rule making under RCW 34.05.310 by water conservancy boards in Benton and Lewis counties.

Statutory Authority for Adoption: RCW 90.80.040.

Statute Being Implemented: Chapter 90.80 RCW.

Summary: The proposed rule will clarify the procedures for creation and operation of water conservancy boards for both the Department of Ecology and the county boards.

Reasons Supporting Proposal: The statute states that "the director of the department may, as deemed necessary by the director, adopt rules...necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners." The governor directed ecology to initiate rule making on the new chapter of the water code "as soon as possible." The rule is needed to clarify requirements for training of commissioners and to establish procedures for interaction between ecology and the individual boards.

Name of Agency Personnel Responsible for Drafting: Peggy Clifford, Olympia, Washington, (360) 407-7262; and Implementation: Fred Rajala, Olympia, Washington, (360) 407-6634.

Name of Proponent: Washington Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 173-153 WAC will implement chapter 90.80 RCW. It allows counties to establish local water conservancy boards to process water right transfer and change applications, subject to ecology approval. It also directs ecology to establish minimum requirements for training conservancy board members. The governor directed ecology to initiate pilot rule making and authorized the establishment of two conservancy boards during development of the pilot rule. The pilot boards were formed in Benton and Lewis counties.

Ecology has forty-five days to approve or deny the formation of local water conservancy boards. Ecology is directed to provide training for the new board members.

Water conservancy boards will receive applications for water right change or transfer. They will examine the application, and determine whether or not the change, as proposed, can be made without affecting existing water rights. The board will then make a recommendation to ecology. Ecology has forty-five days to affirm, modify or deny the recommendation.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has been reviewed to determine the applicability of the Regulatory Fairness Act (chapter 19.85 RCW) to its submission as a proposed rule and adoption. The Regulatory Fairness Act does not apply to rule adoption relating only to internal government operations that are not subject to violation by a nongovernment party. Also, the proposed rule has been developed through a pilot rule-making process as described in RCW 34.05.313(4) for which the Regulatory Fairness Act does not apply, and no small business economic impact statement is required. Further, the involvement of private businesses or persons with the water conservancy boards provided for in this rule, or with the Department of Ecology as part of that process is voluntary.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is procedural in nature because it relates only to internal governmental operations of ecology and governmental entities that seek to become and are established as water conservancy boards. It also does not include any regulatory provision that would be subject to violation by a nongovernment body.

Hearing Location: Department of Ecology - (in Auditorium), 300 Desmond Drive (off Martin Way), (360) 407-6000, Lacey, on July 7, 1999, at 7 p.m.; and at Big Bend Community College, 7662 Chanute Street, (509) 762-5351, Moses Lake, on July 14, 1999, at 7 p.m.

Assistance for Persons with Disabilities: Contact Felicia Curtis by July 1, 1999, TDD (360) 407-6006.

Submit Written Comments to: Peggy Clifford, Water Resources Program, Department of Ecology, P.O. Box 7600, Olympia, WA 98504-7600, Pcli461@ecy.wa.gov, fax (360) 407-7162, by July 21, 1999.

Date of Intended Adoption: July 30, 1999.

June 1, 1999

Daniel J. Silver

Deputy Director

OTS-3032.3

Chapter 173-153 WAC

WATER CONSERVANCY BOARDS


NEW SECTION
WAC 173-153-010
Purpose and authority.

The purpose of this chapter is to establish procedures the department of ecology (ecology) and water conservancy boards will follow in implementing chapter 90.80 RCW which authorizes establishment of county water conservancy boards and vests them with certain powers relating to water right changes, transfers or amendments, and in implementing RCW 90.03.380, 90.03.390, and 90.44.100 which govern the granting of water right changes, transfers, and amendments.

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NEW SECTION
WAC 173-153-020
Applicability.

These procedures apply to the establishment of water conservancy boards (established in accordance with chapter 90.80 RCW) and how applications to change, transfer, or amend water rights which are filed with a water conservancy board will be processed.

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NEW SECTION
WAC 173-153-030
Definitions.

For the purposes of this chapter, the following definitions apply:

(1) "Affirm" means that the department agrees with the substantive recommendation of the board. A notice is sent to the board affirming the recommendation.

(2) "Amendment" means to amend a ground water right to allow construction of wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or a change in the manner or the place of use of the water, or consolidation of rights by the owner of one or more exempt wells with a permitted or certificated well.

(3) "Change in water right" means a change, in whole or in part, in the point of diversion or withdrawal, purpose of use, or a transfer of water right, or other limitation or circumstance of water use.

(4) "Consumptive use" means use of water whereby there is a diminishment of the water source.

(5) "Modify" means the department agrees with the board's substantive recommendation in part. The department sends a notice modifying the recommendation, specifying which parts of the recommendation it was in agreement with, and which parts of the recommendation it has modified.

(6) "Recommendation" means the document that an individual conservancy board sends to the department containing it's decision on an application for a water right change, transfer or amendment.

(7) "Reverse" means the department does not agree with the board's substantive recommendation. A notice is sent to the board reversing the substantive elements of their recommendation.

(8) "Transfer of water right" for the purposes of implementing this chapter means a transfer, change or amendment to a water right under RCW 90.03.380, 90.03.390, or 90.44.100.

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NEW SECTION
WAC 173-153-040
Creation of a water conservancy board.

Counties are encouraged to consult with ecology when considering formation of a water conservancy board. (1) Creation of a water conservancy board is accomplished by the following steps:

(a) A resolution or petition must be submitted to the county legislative authority calling for formation of a water conservancy board. The resolution or petition may be initiated by:

(i) The county legislative authority;

(ii) The legislative authority of an irrigation district, a city operating a public water system, or a water-sewer district that operates a public water system;

(iii) The governing body of a cooperative or mutual corporation that operates a public water system serving one hundred or more accounts;

(iv) Five or more water rights holders who divert water for use in the county; or

(v) Any combination of the above;

(b) The resolution or petition must include:

(i) A statement of the need for the board;

(ii) Proposed bylaws that will govern the operation of the board;

(iii) An identification of the geographic boundaries where there is an initial interest in transacting water sales or transfers; and

(iv) A description of the proposed method(s) for funding the operation of the board;

(c) A public hearing must be held by the county legislative authority on the proposed creation of the board.

(d) A public notice must be published in a newspaper of general circulation in the county not less than ten days, nor more than thirty days, before the date of a public hearing to be held by the county legislative authority on the proposed creation of the water conservancy board. The notice shall describe the time, date, place and purpose of the hearing, as well as the purpose of the board. Notice shall be sent to ecology's regional office at the time of publication;

(e) After the public hearing a resolution must be adopted by the county legislative authority approving the creation of a water conservancy board; and

(f) The county legislative authority must identify and select county residents who wish to participate on the county's water conservancy board.

(2) Ecology will approve or deny creation of a water conservancy board within forty-five days of receiving:

(a) A copy of a resolution or petition to the county legislative authority calling for the formation of a water conservancy board. If five water rights holders who divert water for use in the county initiated the petition, it shall include their names, addresses, and documentation as to the water rights held by the petitioners. Documentation may include the permit number, certificate number, or claim number of the petitioner's water right. The petition shall include a description of how the water conservancy board will be funded;

(b) An affidavit of publication for the public notice that appeared in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the public hearing on the proposed creation of the board;

(c) A summary of the public testimony presented during the public hearing conducted by the county legislative authority in response to the resolution or petition to form a water conservancy board. The summary shall include a title and a date for the hearing;

(d) A copy of the resolution by the county legislative authority approving the creation of a water conservancy board. The resolution must include a method for funding the proposed water conservancy board; and

(e) A copy of the board's proposed bylaws.

(3) Ecology will determine if the creation of a water conservancy board would further the purposes of the law and will be in the public interest. The public interest shall include, but not be limited to, whether ecology has sufficient staffing resources to provide necessary training, monitoring, and technical assistance to the board and to make timely responses to the board's anticipated recommendations on change applications.

(4) Based on its determination, ecology will approve, or deny the formation of the water conservancy board. If formation of a water conservancy board is approved, ecology will include a description of the training requirements as outlined in WAC 173-153-050 for water conservancy board members in its approval.

(5) Ecology may revoke legal authority of a board to make recommendations if:

(a) The board fails to render a recommendation for a period of not less than two years; or

(b) If the board demonstrates a consistent pattern of ignoring legal principals and requirements in its processing of change applications or in its recommendations to ecology.

The board will be allowed thirty days to respond to any revocation prior to it being effective. Ecology may reverse the revocation based upon the board response. Ecology may revoke the authority of a board upon the request of the board of county commissioners having called for its formation.

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NEW SECTION
WAC 173-153-050
Training requirements.

(1) Prior to participating in any water right change, transfer or amendment recommendation of a water conservancy board, every member is required to complete a training program provided by ecology. Successful completion of the training program will consist of:

(a) Completing at least thirty-two hours of instruction regarding hydrology, state water law, state water policy, administrative and judicial case law developments, field practices, evaluation of existing water rights, and applied practical experience working with change, transfer or amendment of water right proposal applications with an assigned ecology staff person; and

(b) Demonstrating mastery of the training curriculum by passing an examination given by an ecology employee upon completion of the minimum training.

(2) Ecology will certify in writing to the appropriate county legislative authority the successful completion of the training program for water conservancy board members and staff.

(3) After completing one year of service on a water conservancy board, members must each year complete eight hours of continuing education directed or approved by ecology. Continuing education may include readings, seminar or field experience on state water law, state water policy, administrative and judicial case law developments, field practices, the evaluation of existing water rights, or hydrology.

Ecology may, at its discretion, in response to demand, provide training semiannually. Ecology may combine training for more than one board.

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NEW SECTION
WAC 173-153-060
Scope of authority of water conservancy boards.

(1) A water conservancy board may accept an application for a change, transfer or amendment of a surface or ground water right for processing if the water identified in the existing water right is currently used within, or if the change, transfer or amendment is approved, will be used within the boundaries of the county in which the board has jurisdiction. The application may be for a permanent or seasonal (temporary) change, transfer or amendment. The board shall investigate the application and make a determination whether the proposed change, transfer or amendment should be approved or denied, and if approved, under what conditions the approval should be granted.

(2) Applications for changes, transfers or amendments that propose to use water from the same source must generally be processed in the order in which they were filed. Exceptions to this rule are outlined in chapter 173-152 WAC. A water right application's place in the order of processing can not be impaired by an application that is filed at a later time.

Decisions on applications shall be made by a board in the order in which the applications were originally filed with the board or the department. Exceptions are as outlined in WAC 173-153-030(4) or as follows:

(a) Applications to alleviate public health and safety that would qualify for priority processing under rules adopted by the department may be processed prior to competing applications; and

(b) If review of an application has begun and the board determines that gathering information beyond that information available at the time of the review is required, the board need not await the availability of that information to review the next application awaiting action.

A conservancy board must take into full account any applications for new water rights, as well as any applications for changes, transfers or amendments, that were previously filed with ecology for water from the same source as the change application under consideration by the board. To the extent that its staffing resources allow, ecology will cooperate with conservancy boards to resolve any problems associated with conflicting applications. The rights of senior applicants, including those applicants who have filed applications with ecology rather than a conservancy board, must not be impaired, regardless of the order in which applications are processed.

(3) The quantity of water appropriated under a water right may not be expanded and, in the case of agricultural use, the acreage irrigated, may not be expanded, except in limited circumstances allowed in RCW 90.03.380 if the consumptive use under the water right is not increased.

(4) Any water right or portion of a water right that has not previously been put to actual beneficial use cannot be changed, transferred or amended, except as authorized under limited circumstances by RCW 90.44.100.

(5) No applicant can be compelled to apply for a change, transfer or amendment with a conservancy board, and all applicants have the option of applying directly to ecology rather than a county water conservancy board.

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NEW SECTION
WAC 173-153-070
Application for change, transfer or amendment of water right.

(1) Water conservancy boards may accept applications for change, transfer or amendment of water rights. Ecology will provide water right change application forms and applicant instructions to water conservancy boards, which will make them available to prospective applicants. All applications to the water conservancy board must be made using the water right change form supplied by ecology. The decision to file a change application with a conservancy board rather than directly with ecology is solely at the discretion of the applicant. The conservancy board will inform any prospective applicants that they have the option of filing either with the board or directly with ecology.

(2) The board shall insure that the application is complete and legible and is accompanied by the statutory state application fee, as required by RCW 90.03.470(1). The board may establish and charge additional fees in accordance with RCW 90.80.060(2).

(3) The original application form and the statutory state application fee must be forwarded by the conservancy board to the appropriate ecology regional office within five working days of the date of receipt. Within thirty working days from the date of notice from the board, ecology will assign a state water right control number to the application, and inform the water conservancy board of the assigned number. Ecology will open a file relating to the application that will be maintained for permanent recordkeeping. Ecology will inform the applicant if additional state fees are due.

(4) If an applicant makes a request to a water conservancy board that an application previously filed with ecology be reviewed by that conservancy board, the conservancy board must determine whether it will review the application. If the conservancy board determines that it will review that application, the board shall make a request to ecology, and ecology shall forward a copy of the application and all relevant documents to the conservancy board.

(5) A board may decline at any time to process or continue processing an application for change, transfer or amendment of a water right. In those cases, the board will inform the applicant in writing of its' recommendation within fourteen working days. If a board decides it will not process or continue processing an application, it must forward the working file for the specific change, transfer or amendment and any state application fees that have not previously been forwarded to ecology. The board must also provide a written explanation to ecology regarding its decision to not process or finish processing the application.

(6) The board must ensure that copies of the application are properly distributed to cooperating or interested parties in compliance with existing laws, ecology memoranda of understanding, policies and other guidance. To assist the board, ecology will provide a list of potentially interested parties.

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NEW SECTION
WAC 173-153-080
Public notice.

(1) The water conservancy board shall publish a public notice of the proposed change, transfer or amendment of a water right once a week for two consecutive weeks in the legal notice section of a newspaper of general circulation in at least the county or counties of proposed water use, diversion and storage of water. Ecology must provide the board with a list of newspapers acceptable for this purpose. Additional public notice may be required in areas that may be affected by the change, transfer or amendment proposal. The public notice of each individual application for change, transfer or amendment must include the following information, in the following order:

(a) Applicant's name and city or county of residence;

(b) Application number assigned by ecology;

(c) Water right priority date;

(d) Description of the water right to be changed, transferred or amended, including any identifying number, the location of point of diversion or withdrawal, place of use, and instantaneous and annual quantities authorized;

(e) Proposed changes, transfers or amendments to be made, including location of point of diversion or withdrawal, place of use, or instantaneous and annual quantities authorized;

(f) Manner and time limit for filing protests with ecology under RCW 90.03.470; and

(g) Manner and time limit for intervening before the board under RCW 90.80.070(4).

A copy of the public notice will be sent to ecology's regional office.

(2) Before acting on an application, the board must first receive a notarized affidavit of publication from each newspaper in which notice was published verifying that publication correctly occurred. The board must also allow at least thirty days for the filing of protests or objections following the last date of publication of the notice before making a final decision.

(3) When an applicant substantively amends the application for a change, transfer or amendment of a water right subsequent to publication of the notice, or when a substantive error or omission occurs in the publication, the public notice must be republished in all newspapers of original publication, and reviewing agencies must be sent corrected copies of any amended change, transfer or amendment proposal.

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NEW SECTION
WAC 173-153-090
Protests.

(1) A protest of the application must be received by ecology with the two-dollar protest fee within thirty days of the last date of publication of the public notice. Persons inquiring of the board or ecology regarding protest procedures will be directed to file the protest with ecology. Ecology will provide a copy of the protest to the board.

(2) A valid protest must include the name, address and phone number (if any) of the protesting party, identification of the change, transfer or amendment proposal that is being protested, and a statement of the basis for the protest. A proper basis for protest must relate to the impacts of the proposed change, transfer or amendment on other water rights or the public interest or be a challenge to the potential extent and validity of the water right proposed to be changed, transferred or amended.

(3) The board must immediately forward any protests that it receives in error, accompanied by a two-dollar protest fee to ecology.

(4) Any protest received after thirty days, or without the required fee, will be filed as a letter of concern.

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NEW SECTION
WAC 173-153-100
State Environmental Policy Act compliance.

A water conservancy board is the lead agency for the purpose of compliance with the State Environmental Policy Act (chapter 43.21C RCW) for any applications for change, transfer or amendment of a water right filed with them and for which they will make a determination of approval or denial.

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NEW SECTION
WAC 173-153-110
Examination of application.

(1) The water conservancy board shall make its examination of and recommendations on a change, transfer or amendment application based on applicable state law, rules, policies, and ecology guidance. Generally the board should conduct a field examination of the site of the proposal, clarify any unclear information by contacting the applicant, and discuss the concerns of protesters and objectors with the persons who filed them. All relevant information must be collected and considered in the examination. Detailed hydrological or hydrogeological information may need to be collected or other research conducted or compiled. A board may require the applicant to provide additional information at the applicant's expense if that information is necessary to render an informed recommendation on the application.

(2) A water conservancy board shall consult with ecology if it encounters new, unusual, or controversial issues in the course of examining an application. Ecology will attempt to provide assistance and advice as to how to proceed in accordance with state law, rule, policy and sound administrative practice.

(3) Where water rights are subject to an ongoing general water rights adjudication process, but if a conditional final order or other order quantifying water rights has not been entered by the court, the board will direct the applicant to the court conducting the adjudication for instruction to proceed. The board will not start its' evaluation of the application until the applicant has received instruction from the court. Where an adjudication is in progress and a conditional final order or other order quantifying a water right has been entered, the board must rely on the court's order as a basis of quantifying the right for the purposes of authorizing the change, transfer or amendment. The court conducting the adjudication may maintain management responsibility for water for the duration of an adjudication, and if the court elects to do so, then approval of the board's recommendation by the court may be required. Approval by the court, if required, must be obtained by the applicant before the review of the recommendation by ecology.

Where a board makes a recommendation on a change, transfer or amendment of a water right that is in an area subject to an ongoing general water rights adjudication process, a copy of the recommendation must be sent to the court conducting the adjudication.

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NEW SECTION
WAC 173-153-120
Hearings on objections.

(1) Any water right holder claiming detriment or injury to an existing water right may intervene in the application review process before the water conservancy board. Actions by the water conservancy board are independent from those of ecology. Ecology's final decisions based upon water conservancy board's recommendations are subject to administrative and judicial review.

(2) Parties who intervene in a water conservancy board recommendation are not considered to be a protesting party under to RCW 90.03.470(12) and 90.03.380. Protests must be filed with ecology pursuant to RCW 90.03.470(12) and 90.03.380 and shall be evaluated by ecology concurrently with its review of the water conservancy board recommendation. Ecology will also consider other objections and comments in the record including the record of any hearings held by the board, when it makes its review of the board's recommendation.

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NEW SECTION
WAC 173-153-130
Recommendation by water conservancy board.

(1) The water conservancy board must evaluate the change application, including the entire water rights record, and determine whether or not the change, transfer or amendment as proposed is in accordance with applicable laws, rules, policies and guidelines of the department. The board must also make a tentative determination as to the extent and validity of the water right proposed to be changed, transferred or amended, whether the change, transfer or amendment can be made without injury or detriment to existing rights, and whether the proposed change, transfer or amendment is not detrimental to the public interest. The water conservancy board's recommendation must be in writing and its record of decision becomes part of the public record.

(2) For applications for change, transfer or amendment of water rights that are proposed to be denied, the water conservancy board will issue a record of recommendation conditionally denying the change, transfer or amendment, subject to review and final determination by ecology.

(3) For applications for change, transfer or amendment that are proposed to be affirmed, the water conservancy board will issue the applicant a certificate of conditional approval, subject to review and final approval by ecology.

(4) The record of decision along with either the certificate of conditional approval or the notice of denial will each address the following:

(a) Within a section entitled "background":

(i) A description of the water right proposed for change, transfer or amendment and the board's tentative determination as to the validity and quantification of the right, together with a description of the historical water use information that was considered by the board;

(ii) A description of any protests, objections or comments including comments provided by other agencies, Indian Tribes, or interested parties and the board's analysis of each issue considered, including the name and address of individual interveners;

(iii) A discussion explaining compliance with the State Environmental Policy Act;

(b) Within a section entitled "investigation":

(i) An analysis of the effect of the proposed change, transfer or amendment on other water rights, pending applications, and instream flows established under state law;

(ii) A narrative description of any other water rights or other water uses associated with both the current and proposed place of use and an explanation of how those other rights or uses will be exercised in harmony with the right proposed to be changed, transferred or amended;

(iii) An analysis of the effect of the change, transfer or amendment on the public interest;

(iv) Any recommendation or conclusion that an existing water right or portion of a water right has been forfeited or abandoned due to nonuse;

(v) A description of the results of any geologic/hydrogeologic investigations that were considered by the board;

(c) Within a section entitled "conclusion": A list of conclusions that the board drew from the information related to the change, transfer or amendment proposal;

(d) Within a section entitled "recommendations": A complete description of the board's recommendation;

(e) Within a section entitled "provisions":

(i) Conditions and limitations recommended for inclusion in an approval or other corrective action necessary to maintain the water use in compliance with state laws or rules;

(ii) A description of any requirement to mitigate adverse effects on other water rights, the water source, or the public interest; and

(iii) A schedule for development and completion of the change, transfer or amendment to a water right, if approved in part or in whole, that includes a definite date for completion of the change, transfer or amendment and the application of water to authorized beneficial use.

(5) A water conservancy board's recommendation and certificate is not a final authorization to change, transfer or amend the water right. Only after ecology has approved the recommendation and has issued an order authorizing the change, transfer or amendment, or has waived its opportunity to render a final decision by not responding within the time frame established in chapter 90.80 RCW, is the applicant allowed to initiate the change, transfer or amendment of the water right.

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NEW SECTION
WAC 173-153-140
Notification of recommendation.

(1) The water conservancy board shall send notice of its recommendation as to whether the transfer should be approved or denied, by mail to the applicant, ecology, to any person who protested or objected to the change, transfer or amendment, to any persons who requested notice of its recommendation, and to any commenting agency or tribe. The board shall transmit notification of its recommendations to all parties on the same day, and will note that it has been sent to ecology. Ecology shall identify the location designated for submission of the board's recommendation.

(2) All original public documents received or developed by the water conservancy board and used during its deliberations for decision making for each application for change, transfer or amendment of a water right must be sent along with a clear copy of the recommendation to ecology at the location designated by the department for permanent recordkeeping within seven working days after the board has rendered it's recommendation. The board must retain a copy of all documents.

(3) Any comments or objections that are received by the water conservancy board on its recommendation within thirty days after a final decision is issued by ecology shall be forwarded to ecology within five working days, at the location designated for submission of the board's determination.

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NEW SECTION
WAC 173-153-150
Ecology's review of the board's recommendation.

(1) Ecology will review recommendations of approvals and denials made by water conservancy boards. Upon receipt of a recommendation made by a water conservancy board, ecology will review the recommendation for compliance with state water laws and rules, policies or guidelines. Ecology will also consider agency or tribal comments and any protests or objections filed by parties alleging that one or more of their water rights would be impaired by the change, transfer or amendment.

Ecology may affirm, reverse, or modify the recommendation of the board. Ecology's decision will be made in the form of a written administrative order and must be issued within forty-five days of receipt of the board's recommendation. If ecology fails to act within the forty-five day time period, the board's recommendation becomes final. The forty-five day time period may be extended an additional thirty days by ecology's director upon the written consent of the conservancy board and the parties to the change, transfer or amendment.

(2) If ecology modifies the decision by the water conservancy board, ecology shall send a notice of modification of the recommendation that specifies which parts of the recommendation it was in agreement with, and which parts of the recommendation it has modified.

(3) Ecology will send notice of its decision to all parties on the same day. Notice of ecology's decision will be sent by mail within five working days to the water conservancy board, the applicant, any person who protested or intervened before the board, persons who requested notice of its decision, the Washington department of fish and wildlife, and any affected Indian tribes.

(4) If ecology fails to act within the specified time after receipt of the board's recommendation, the board's action is final. The conservancy board must notify ecology and the applicant of ecology's failure to act. If it concurs, ecology will send a notice to the board that the recommendation is final.

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NEW SECTION
WAC 173-153-160
Perfection of a change, transfer or amendment approval.

(1) The person authorized to change, transfer or amend a water right must submit evidence showing the change, transfer or amendment has been completed in accordance with the order authorizing the change, transfer or amendment of water right. Ecology will issue a change certificate or a superseding certificate to the water right holder(s) to document that the approved change, transfer or amendment was accomplished upon verification of the extent of development as authorized. When the document is issued, ecology may provide a copy to the conservancy board for its records as requested. The document will also be recorded at the applicant's expense by the county in which the use of water is made.

(2) If development of the approved change, transfer or amendment is not completed in accordance with the development schedule that accompanies the approval, extensions may be requested and will be processed under standard procedures by ecology.

(3) If the person authorized to change, transfer or amend a water right fails to accomplish the change, transfer or amendment in accordance with the authorization, ecology will cancel the change, transfer or amendment authorization and the water right will revert to the original configuration, less any quantity that was relinquished for nonuse.

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NEW SECTION
WAC 173-153-170
Reporting requirements.

Boards shall be required to submit reports to ecology on their activities at the end of each odd numbered year. The reports shall contain the following information:

(1) Information about applications to the board to include the following:

(a) Number of applications to the board by water resources inventory area (WRIA);

(b) Number of applications that received a public hearing;

(c) Number of recommendations to ecology for approval or partial approval;

(d) Number of denials by the board;

(e) Number of applications for surface or ground water;

(f) Number of applications with claims or certificates;(g) Number of applications which had intervenors; and

(h) Number of new applications and number previously filed with ecology.

(2) Operations of the board to include the following:

(a) Chairperson of the board;

(b) Changes in membership of the board, including background of any new members;

(c) Current fees or changes to previous fees;

(d) Training received other than by ecology;

(e) Ownership of any properties by the conservancy board;

(f) Water marketing activities and any related fees;

(g) Staff; and

(h) Any litigation the board is involved in.

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NEW SECTION
WAC 173-153-180
Appeals.

Any person aggrieved by ecology's decision of the department to approve or disapprove the establishment of a conservancy board, or ecology's decision to affirm, reverse or modify the determination of a conservancy board on an application for change, transfer or amendment of a water right, may appeal the decision to the state pollution control hearings board in accordance with chapter 43.21B RCW.

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NEW SECTION
WAC 173-153-190
Savings.

Nothing in this chapter is intended to impair any existing water rights.

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NEW SECTION
WAC 173-153-200
Review of chapter.

This chapter shall be reviewed by ecology whenever new information, changing conditions, or statutory modifications make it necessary to consider revisions.

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Washington State Code Reviser's Office