WSR 97-12-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Filed June 4, 1997, 11:50 a.m.]

Subject of Possible Rule Making: Amendments to chapter 173-563 WAC, Instream resources protection program for the main stem Columbia River in Washington state and chapter 173-531A WAC, Water resource program for the John Day-McNary Pools Reach of the Columbia River, WRIA 31 and parts of WRIAs 32, 33, 36, and 37.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.54.040 Water Resources Act of 1971, WAC 173-563-090 Instream resources protection program for the main stem Columbia River in Washington state, and ESHB 1110 (1997 session).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Department of Ecology put a moratorium on new water appropriations from the Columbia River in 1992; in 1994 the moratorium was extended until 1999. However, ESHB 1110, passed in the 1997 legislative session, will end the moratorium as of August 18, 1997. It is necessary to amend chapters 173-563 and 173-531A WAC so any new appropriations that might be approved will be conditioned with adequate instream flow protection, particularly in light of endangered salmon listings in the basin.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The National Marine Fisheries Service, Northwest Power Planning Council, and Washington State Department of Fish and Wildlife are the principal agencies related to the subject of the rule amendments. The Department of Ecology will coordinate closely with these agencies in various fora, both formal and informal.

Process for Developing New Rule: The Department of Ecology will pursue a two-stage process for amending these rules; the first will involve simply amending the rules to indicate that instream flow protection conditions for any water appropriations approved on or after August 18, 1997, will be determined on a case-by-case basis. The second phase will involve establishing appropriate flow protection levels and/or a specific process for determining flow protection conditions for any new appropriations.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Thom Lufkin, Shorelands and Water Resources Program, (360) 407-6631, FAX (360) 407-7162. Direct written inquiries or comments to Thom Lufkin, Shorelands and Water Resources Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600. Public hearings will be held on the rule proposal; information about the hearings will be published in a subsequent Washington State Register and in local newspapers.

June 3, 1997

Carol L. Fleskes