WSR 09-13-011

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF ECOLOGY


[ Filed June 4, 2009, 2:02 p.m. ]


INTERPRETIVE AND POLICY STATEMENT


Purpose: Pursuant to the Administrative Procedure Act, RCW 34.05.230, the department of ecology (DOE) submits the following:

Document Title: 2003 Municipal Water Law Interim Guidance and Interpretive and Policy Statement.

Subject: Interim guidance for water resources program staff and policy direction to the public during the interim between the June 11, 2008, King County superior court decision which struck three sections of the 2003 municipal water law, and the resolution of appeals.

Document Description: On June 11, 2008, the King County superior court ruled as unconstitutional the "in good standing" provision found in RCW 90.03.330(3) and the definitions for "municipal water supplier" and "municipal water supply purposes" (RCW 90.03.015 (3) and (4)).

This interpretive and policy statement clarifies DOE's position and management approach for carrying out that law during the interim between the King County Superior Court decision and the resolution of appeals.

This is interim guidance because the state filed an appeal to the state supreme court on July 7, 2008, seeking to overturn parts of the superior court's decision. The state supreme court has agreed to hear the case, and the case will be heard during the court's fall 2009 term or its winter 2009-2010 term. This guidance applies until the court issues a decision.

The law, the legal challenges, related briefs, and the court's decision are on the municipal water section of the water resources web site Water Right Information - Municipal Water Law.

To receive a copy of the municipal water law interim guidance and interpretive and policy statement, contact Don Davidson, Water Resources Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6636, fax (360) 407-6574, e-mail ddav461@ecy.wa.gov, web site http://www.ecy.wa.gov/programs/wr/rights/muni_wtr.html.

Washington State Code Reviser's Office