WSR 14-22-116

POLICY STATEMENT

[Filed November 5, 2014, 11:39 a.m.]

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

Document Title: Evaluation of Changes or Transfers to Water Rights.

Subject: To describe generally the applicable procedures that the department of ecology will use in consideration of applications for change to water right certificates, permits and claims.

Document Description: This policy is an update to the 1999 version of the same policy to reflect recent court decisions related to ecology's authority when reviewing applications for change to surface water rights under the applicable sections of the state water code (chapter 90.03 RCW). The policy describes how the department of ecology intends to apply the various sections of the law related to approving applications for change or transfer to existing water rights.

This revised policy supersedes the previous policy adopted on January 8, 1999. Specifically, it addresses the 2002 Washington Supreme Court decision in Public Utility District No. 1 of Pend Oreille County v. Department of Ecology, 146 Wn.2d 778, 795-798, 51 P.3d 744 (2002), which held that a public interest test is not a proper consideration when ecology acts on a change application under RCW 90.03.380.

To receive a copy of the policy, contact Mike Dexel, Water Resources Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7679, e-mail mdex461@ecy.wa.gov, web site http://www.ecy.wa.gov/programs/wr/rules/images/pdf/pol1200.pdf.