PDFWAC 173-153-090

How can protests and letters of concern or support on a water right transfer application be submitted to a board?

Where is a protest submitted regarding a water right transfer application before a board?
(1) A protest against granting a proposed water right change or transfer, as identified in RCW 90.03.470(12), must be received by ecology, with the statutory protest fee, within thirty days of the last date of publication of the public notice.
(2) Ecology shall provide a copy of the protest to the appropriate board within five days of receipt of the protest.
(3) In accordance with WAC 508-12-170 and 508-12-220, a board will thoroughly investigate all pertinent protests of a transfer application before the board.
(4) Ecology shall consider all pertinent protests during its review of the board's record of decision on the application.
(5) Persons inquiring of the board or ecology regarding protest procedures shall be directed to file the protest with ecology.
(6) A board must immediately forward to ecology any protests it receives including the statutory protest fee.
What is included in a valid protest?
(7) A protest must include:
(a) The name, address and phone number (if any) of the protesting party;
(b) Clear identification of the transfer application being protested; and
(c) A statement identifying the basis for the protest.
(d) The statutory protest fee.
What is the difference between a protest and a letter of concern or support?
(8) Any protest received more than thirty days after the last date of publication of the public notice, or without the required fee, will be filed as a letter of concern.
(9) A letter of support is any comment addressing the benefit of the project proposed in an application.
(10) A party who provides a letter of concern or support regarding an application to a water conservancy board is not considered to be a protesting party unless the party has also filed a valid protest with ecology in compliance with this section.
Will a protest or letter of concern be considered?
(11) Boards must accept and consider any oral or written comments or protests in evaluating an application, in accordance with chapter 90.80 RCW, this chapter, and board bylaws.
[Statutory Authority: RCW 90.80.040. WSR 06-18-102 (Order 05-18), § 173-153-090, filed 9/6/06, effective 10/7/06; WSR 03-01-039 (Order 01-13), § 173-153-090, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. WSR 99-23-101 (Order 98-11), § 173-153-090, filed 11/17/99, effective 12/18/99.]