PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: A rule that sets forth the department's understanding of statutory provisions and common law holdings and interprets those provisions for the administration of water rights. Implementation of holdings from the George Theodoratus v. Ecology, 135 Wn.2d 582, 957 P.2d 1241 (1998).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.21A.064(9), 43.27A.090(11).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Greater clarity and predictability is needed regarding the documentation and administration of water rights. Upon rule completion, all parties should be able to more effectively plan for land use, economic development, and meeting the water needs of a growing population.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Department of Health (DOH) regulates certain public water supply systems but they have no regulatory authority in regards to water rights. We have a rule development coordination process established with the Drinking Water Program of DOH. No other state agency regulates this subject. No federal agency regulates this subject.
Process for Developing New Rule: The department is proposing to use the established Water Resource Advisory Committee for advice and guidance regarding proposed rule language. We also plan to conduct workshops on draft concepts for inclusion in the rule language prior to filing the CR-102 to obtain comments from the interested parties prior to formally proposing rule language.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mr. Steve Hirschey. Mr. Hirschey can be reached by e-mail at shir461@ecy.wa.gov, by telephone at (425) 649-7066, or you can send written comments to Department of Ecology, Water Resources Program. Attention: Steve Hirschey, P.O. Box 47600, Olympia, WA 98504-7600. Additional information can be found on the internet at http://www.ecy.wa.gov/programs/wr/rights/pol1250.html.
October 4, 2000
Keith E. Phillips
Program Manager