Date of Adoption: December 20, 2001.
Purpose: Adopt new rule, chapter 173-173 WAC, establishing requirements for the measurement and reporting of water diversions and withdrawals. Repeal existing rule, chapter 508-64 WAC, regarding measuring devices for water diversion and withdrawal facilities.
Citation of Existing Rules Affected by this Order: Repealing chapter 508-64 WAC.
Statutory Authority for Adoption: RCW 90.03.360, 90.44.050, [90.44.]250, [90.44.]450.
Other Authority: Chapter 43.21A RCW.
Adopted under notice filed as WSR 01-16-131 on July 31, 2001.
Changes Other than Editing from Proposed to Adopted Version: Most changes were made for the purpose of clarification and to better organize subject matter in the rule. Among the changes were the following: A definition for "diversion" was added, and the definitions of "approved measuring device" and "responsible party" were clarified. A new section, WAC 173-173-015, describes the department's goals for the rule. New language was added to WAC 173-173-040 to clarify that the rule applies only to source withdrawals and diversions. The requirement for responsible parties to report changes in address and water right ownership to the department has been deleted. A provision had been added authorizing the department to accept water use information from a stream patrolman. WAC 173-173-060 has been modified to allow manual calculation of the maximum rate of withdrawal or diversion. Various provisions for variances from technical and reporting requirements were consolidated in a new general variance WAC 173-173-175. WAC 173-173-080 has been modified to provide that before the department may modify the reporting requirements, it must conclude that the changes are necessary to meet the goals described in WAC 173-173-015. WAC 173-173-090 has been modified to provide that the department may only issue a repair order if the responsible party is not taking action to repair the measuring device in accordance with WAC 173-173-080(2). WAC 173-173-090(9) regarding access to private property has been deleted. WAC 173-173-160 has been modified to include a different power consumption equation. In WAC 173-173-170, the requirement to have a professional engineer certify the adequacy of the alternative method has been modified to allow another qualified person to do so. WAC 173-173-210 has been revised to provide that in areas where an adjudication is occurring, all water claimants part of that adjudication are subject to the jurisdiction of the adjudicating court (e.g., a superior county court).
A detailed explanation of changes can be found in the concise explanatory statement available from the department of ecology.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 8.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 23, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
December 20, 2001
REQUIREMENTS FOR MEASURING AND REPORTING WATER USE
(2) All measuring devices or measuring methods required to be installed under this chapter must conform to requirements for measuring devices and methods described in this chapter, or other method(s) approved by the department.
(2) The department has the following specific goals for the enforcement of water measurement and the reporting of measurement data:
(a) Determining whether water is available for appropriation;
(b) Assessing and enforcing water rights compliance;
(c) Understanding the hydrology of surface and ground waters;
(d) Protecting instream resources;
(e) Managing and planning the state's watersheds;
(f) Informing water users about how much and when water is used.
(2) RCW 90.03.360 also directs the department to require metering or measurement by other approved methods as a condition for all previously existing water rights or claims if:
(a) The diversion or withdrawal is from waters in which the salmonid stock status is depressed or critical, as determined by the Washington department of fish and wildlife; or
(b) The flow rate of the surface water diversion exceeds one cubic foot per second.
(3) RCW 90.44.050, 90.44.250 and 90.44.450 give the department authority to require that ground water withdrawals are measured, and to require that information about the amount of water being withdrawn be reported 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 department must enforce the requirement to measure water use for the following types of water use:
(a) All new surface water permits;
(b) New and existing surface water rights where the diversion of any volume of water is from waters containing depressed or critical salmonid stock;
(c) New and existing ground water rights where the department concludes that the withdrawal of any volume of water may affect surface waters containing depressed or critical salmonid stock;
(d) Existing surface water rights where the diversion volume exceeds one cubic foot per second.
(3) This chapter only applies to source diversions and withdrawals and is not intended to apply to customers of a municipality or public water supply system or members of an irrigation district or similar secondary users.
(2) "Approved measuring method" means a procedure approved by the department, which, when used with an approved measuring device (if applicable), will allow for an accurate computation of flow rate.
(3) "Control" means a feature that determines the stage-discharge relation. This feature may be a natural constriction of the channel, an artificial structure, or a uniform cross section over a long reach of the channel.
(4) "Cfs" means cubic feet per second.
(5) "Controlling work" means a device or structure used for diverting, withdrawing, pumping, impounding, storing, measuring, piping, conserving, conveying, confining or using water.
(6) "Department" means the department of ecology.
(7) "Diversion" means to divert water from one course to another. Diversion, when used without qualification, includes the diversion of surface water and the withdrawal of ground water.
(8) "Flow rate" means the volume of water that passes through a specific cross section of a pipe or open channel in a specified period of time.
(9) "Gpm" means gallons per minute.
(10) "Open channel flow" means water moving though a canal, flume, ditch, or other unenclosed conduit, and may include flow in a pipe if the pipe is not full and is not under pressure.
(11) "Pipeflow" means water moving through a closed conduit under pressure.
(12) "Rated section" means a cross-section of a stream, river or ditch where a unique relationship between the stage and flow rate has been determined.
(13) "Rating curve" means the relationship between stage and flow rate in a rated stream section.
(14) "Responsible party" means an owner, owners, manager, or appropriator required by RCW 90.03.360, 90.44.050, 90.44.250 and 90.44.450, or by a permit, rule, or order issued pursuant to these laws, to use a measuring device or method approved by the department.
(15) "Stage" means the elevation of a water surface in relation to a datum or reference point.
(2) If a responsible party is required to report information regarding water use, the report must be submitted on a form or in a format prescribed by the department and must include such information as requested by the department. The department may require that the information be submitted in writing or electronically. This information may include, but is not limited to, the following:
(a) The name, address and telephone number of the responsible party;
(b) The location of the point(s) of diversion or withdrawal, the place(s) of use and metering site(s);
(c) The county parcel identification number for the point(s) of diversion or withdrawal, and place(s) of use or area served by the diversion or withdrawal, except that municipalities, public water supply systems and irrigation districts shall not be required to provide parcel identification numbers for their customers, members and secondary users.
(d) The water right number(s) or claim number(s) or other information that indicates the legal basis for the diversion or withdrawal;
(e) The volume and/or flow rate of water diverted or withdrawn;
(f) The make, model and serial number of the measuring device(s) and any separable counting units;
(g) The date the device was last calibrated;
(h) Any date(s) during which the meter or measuring device was not functioning properly;
(i) For flow rate data based upon power consumption, electrical records, pump test data, or other data necessary to verify flow rate estimates;
(j) Whether the intake structure for the diversion has a screen or screens installed to prevent the entry of fish into the diversion works or pump facilities;
(k) The water source name;
(l) For public water systems, the public water system identification number and source number assigned by the department of health.
(3) All responsible parties must attest that the information provided is true and correct to the best of their knowledge.
(4) The department may accept water use information from a stream patrolman on behalf of a responsible party.
|Recording and Reporting Requirements|
|Average diversion rate in gallons per minute||<10 gpm||10-49 gpm||>50 gpm|
|Volume or rate to report||Maximum rate of diversion||Maximum rate of diversion||Maximum rate of diversion|
|Annual total volume||Annual total volume||Annual total volume|
|Date data must be reported to department||By Jan. 31 of the following calendar year||By Jan. 31 of the following calendar year||By Jan. 31 of the following calendar year|
|Monthly means calendar month|
|Weekly means Monday 12:01 a.m. to Sunday 12:00 p.m.|
|Biweekly means once every two weeks|
|Daily means 12:01 a.m. to 12:00 p.m.|
|1 gallon per minute is equivalent to .002 cubic feet per second|
(2) Where a device capable of indicating flow rate is not installed, a responsible party may determine the maximum flow rate by measuring the volume of water that is diverted over a brief time period when the system is operating under maximum demand.
(2) The department will provide a written justification and notification to the responsible party.
(a) A measuring device or facility is being repaired according to the requirements of subsection (2) or (3) of this section; and
(b) The responsible party uses a substitute measuring device or other method to measure the diversion or withdrawal or to provide a reasonable estimate thereof.
(2) Upon discovery of a malfunctioning measuring device or facility, the responsible party shall repair the device or facility and make them operable as soon as possible.
(3) If a responsible party does not comply with WAC 173-173-090(2), the department may order that a measuring device or facility be repaired or replaced within a specified time period.
(4) Measuring devices and facilities must register and be calibrated for the full range of discharge from the diversion or withdrawal for which they are to be used.
(5) On an open channel diversion, all flow diverted shall be measured as close to the point of diversion as possible.
(6) There shall be no turnouts or diversions between the source of water and the measuring devices and facilities, except for faucets or other small outlets that have a de minimis effect on the diversion or withdrawal.
(7) In those cases where wells are authorized for the purpose of supplementing surface waters with water from combined sources, both sources of water shall be metered.
(8) In the case of intermittent artesian wells, the meter shall be installed in a manner that will measure both pumped and flowing discharge.
(2) At any flow rate measured by the measuring system; i.e., meter plus any secondary equipment such as data recorders; the system shall register not less than ninety percent, nor more than one hundred ten percent, of the water actually passing through the system.
(3) The meter shall have a visual totalizer or the facility shall be capable of totalizing the flow. The totalizer shall contain sufficient recording digits to ensure that "roll over" to zero does not occur before the next recording period.
(4) The department may require that the measuring device be capable of indicating flow rate as well as totalized flow.
(5) For other conditions necessary to ensure accurate and precise measurement data, the selection, installation and maintenance of measuring devices by water users shall be guided by generally accepted industry standards, such as the American Water Works Association standards and information from the manufacturer. These standards also shall be used by the department in making decisions as to the appropriate selection, installation, operation and maintenance of measuring devices acceptable under this rule.
(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 installed in a manner that creates an uneven velocity profile. Straight sections of pipe before and after the meter, straightening vanes or other flow conditioning devices shall be used to provide even flow through the meter as necessary.
(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 may substitute for physical calibration of nonmechanical meters.
(1) At any flow rate measured by the measuring system, i.e., the measuring device plus any secondary equipment such as data recorders, the system shall register not less than ninety percent, nor more than one hundred ten percent, of the water actually passing through the system.
(2) In determining a stage-discharge relation for these devices, the distribution of open channel flow measurements shall be sufficient to establish a full range of values for the entire stage-discharge relation.
(3) For other conditions necessary to ensure accurate and precise data, generally accepted industry standards, such as those in the U.S. Bureau of Reclamation "Water Measurement Manual, Third Edition" and information from the manufacturer or designer, shall guide the selection, installation, and maintenance of measuring devices and facilities by water users. The department also shall use these standards in evaluating the selection, installation, operation and maintenance of the measuring system.
(2) If the measuring system has no continuous stage recorder, an observer shall read the staff gage and record the reading as close in time as is practical before and after changes in regulation of flow occur.
(3) Measuring facilities shall be operated and maintained to ensure that discharge can be measured accurately.
(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 constant or near constant pumping or diversion rate;
(d) The power meter is dedicated to one diversion or withdrawal;
(e) A pump test is conducted for a minimum duration of two hours and is conducted under normal operating conditions;
(f) The diversion or withdrawal is not a flowing artesian well.
(2) The equation below shall be used when relying upon electrical power consumption to estimate volume or flow rate. This equation also may be used to estimate flow during short periods of meter repair or maintenance if the department finds that reasonable estimates of pump and motor efficiency are available:
318,600 = conversion factor;
kWh = number of kilowatt-hours for the time period in question; e.g., irrigation season, year or minutes;
Peff = pump efficiency as a decimal;
Meff = motor efficiency as a decimal; and
TDH = total dynamic head of the system in feet.
(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 engineer or other qualified person acceptable to the department to:
(a) Measure all flow diverted or withdrawn in accordance with the pipeflow or open channel accuracy requirements in WAC 173-173-100(2) and 173-173-130(1);
(b) Measure the appropriate volumes and flow rates in WAC 173-173-060;
(c) Be installed and operated according to the manufacturer's and/or designer's instructions, and other such conditions as the department may find necessary.
(a) Acceptable accuracies of measuring devices and methods;
(b) Reporting of water use data;
(c) Calculation of rating curves;
(d) Other provisions as the department may find acceptable.
(2) Provided, the department may not grant a variance from the requirements of WAC 173-173-040 or exempt a responsible party of its obligation to comply with RCW 90.03.360.
(3) No variance request shall be considered granted until the department has approved it in writing.