WSR 12-11-021

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF ECOLOGY


[ Filed May 7, 2012, 2:34 p.m. ]


INTERPRETIVE and POLICY STATEMENT


Purpose: In accordance with the Administrative Procedure Act, RCW 34.05.230, the department of ecology submits the following:

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

Subject: To describe and provide interpretation of parts of the municipal water law, and describe generally applicable procedures that the department of ecology will use in identifying and managing municipal water rights.

Document Description: This interpretive and policy statement is a review of the applicable sections of the state water code (chapter 90.03 RCW) amended or added by the 2003 municipal water law. The statement describes how the department of ecology intends to apply the various sections of the law to municipal water rights and management. This interpretive and policy statement contains the department of ecology's interpretation of elements of the municipal water law within the department of ecology's jurisdiction.

This revised interpretive and policy statement supersedes earlier statements relating to the municipal water law and has been issued subsequent to the Washington supreme court's decision in Lummi Indian Nation v. State of Washington, Washington Supreme Court No. 81809-6, which held that all sections of the municipal water law are constitutional on their face, and thus valid and operative.

To receive a copy of the municipal water law 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, 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