WSR 11-10-089

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 11-03 -- Filed May 4, 2011, 9:33 a.m. ]

Subject of Possible Rule Making: Develop rule to implement requirements of RCW 90.03.665 for certified water rights examiners (CWRE). The CWRE rule proposes to address: (1) Defining terms used in the certification process; (2) establishing fees for the certification; (3) testing standards; (4) addressing suspension and revocation criterion; (5) scope of authorities; (6) requirements for a water user prior to hiring a CWRE; (7) ecology's review of the CWRE's proof report of examination form; (8) ecology's compliance investigations; and (9) other issues that arise during the rule proposal.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.03.665(11) Water code, 43.27A.090(11) Water resources, 43.21.A.064(9) [43.21A.064(9)] Department of ecology.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 90.03.665 authorizes ecology to set fees and revoke or suspend certification of a CWRE under certain conditions. Rule making is required to set fees and identify due process for implementing revocation or suspension of certification. In addition, there are other authorities within the statute including bonds, continuing education, and general process issues critical to clear implementation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state department of licensing, the Washington state geologist licensing board and the Washington state board of registration for professional engineers and land surveyors. Ecology staff has spoken with the three entities and will request their assistance in reviewing drafted language and for suggestions on making this rule consistent with state rules for certification and licensing.

Process for Developing New Rule: Ecology will hold public hearings on the certified water rights examiner rule. Two workshops are planned for interested and prospective CWRE applicants to provide information on the draft rule language and receive feedback from the actual users of the rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Janet Rajala, Department of Ecology, 4601 North Monroe Street, Spokane, WA 99205-1295, phone (509) 329-3421, e-mail janet.rajala@ecy.wa.gov.

April 28, 2011

Kenneth O. Slattery

Program Manager

Washington State Code Reviser's Office