Original Notice.

Preproposal statement of inquiry was filed as WSR 95-12-059.

Title of Rule: Chapter 173-548 WAC, Water resources program in the Methow River Basin, WRIA 48.

Purpose: Amend rule to establish trust water right water bank to assist with water management in the basin.

Statutory Authority for Adoption: Chapters 90.44, 90.54 RCW.

Statute Being Implemented: Chapter 90.54 RCW, Water Resources Act of 1971.

Summary: In early 1998, the Department of Ecology and Okanogan County signed a memorandum of agreement to work together, in conjunction with the Department of Fish and Wildlife and the Governor's Salmon Recovery Team, to cooperatively develop and implement an improved water resources management program for the Methow River Basin. As part of this agreement, ecology agreed to propose a rule amendment that would establish a water bank in the Methow Basin.

Reasons Supporting Proposal: While the basin's water is substantially renewed annually, there is not always water at the right place and time for all existing and proposed uses; the water bank would help address this situation.

Name of Agency Personnel Responsible for Drafting: John Monahan, Yakima, Washington, (509) 457-7112; Implementation and Enforcement: Bob Barwin, Yakima, Washington, (509) 457-7107.

Name of Proponent: Washington Department of Ecology and Okanogan County Commissioners, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Although water in the Methow River Basin is substantially renewed annually through rainfall and snowmelt, there is not always water at the right place and time for all existing and proposed uses. In early 1998, the Department of Ecology and Okanogan County signed a memorandum of agreement to work together, in conjunction with the Department of Fish and Wildlife and the Governor's Salmon Recovery Team, to cooperatively develop and implement an improved water resources management program to address the water situation in the basin.

As part of this agreement, ecology agreed to propose a rule amendment that would establish a trust water right "water bank" in the Methow Basin. The water bank would provide a means to account for water use and availability, and is perceived as a necessary step to assist with water management in the basin.

Proposal Changes the Following Existing Rules: The amendment would create a trust water right water bank in the Methow Basin (please see above for more background).

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment of chapter 173-548 WAC establishes an administrative entity, a water bank, which will provide a process for tracking and allocating water in the Methow River Basin. As such, the amendment does not materially add to the administrative requirements for obtaining water rights, building permits, or other development-related permits or approvals in the area. Its effects on small businesses are not expected to differ from those on large businesses.

RCW 34.05.328 does not apply to this rule adoption. This amendment is not a significant rule under RCW 34.05.328 because it is procedural in nature, creating an entity for tracking and allocating water, it does not create additional administrative requirements for the regulated community.

Hearing Location: The Barn, 51 North Highway 20, Winthrop, WA, on June 10, 1999, at 7:00 p.m. to 9:00 p.m.

Assistance for Persons with Disabilities: Contact Paula Smith by June 1, 1999, TDD (360) 407-6006, or (360) 407-6607.

Submit Written Comments to: Thom Lufkin, Water Resources Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, or e-mail at tlhw461.ecy.wa.gov, fax (360) 407-6574, by June 18, 1999.

Date of Intended Adoption: July 7, 1999.

April 20, 1999

Daniel Silver

Deputy Director

WAC
173-548-001	Purpose of rule.
173-548-002	Definitions.
173-548-005	Authority.
173-548-010	General provision.
173-548-015	Methow River basin map.
173-548-020	Establishment of base flows.
173-548-030	((Future allocations--Reservation of surface water for beneficial uses.)) Future water use--general.
173-548-031	Future water use--Storage facilities.
173-548-032	Future water use--Reservation of water for in-house domestic purposes.
173-548-033	Future water use--Change of place of use or point of diversion.
173-548-034	Future water use--Conservation and change of purpose of use.
173-548-035	Future water use--Salmonid habitat.
173-548-036	Future water use--Water reuse.
173-548-037	Future water use--Allocation of saved water.
173-548-040	((Priority of future water rights during times of water shortage.)) Future water use--Priority of appropriation.
173-548-050	Streams and lakes closed to further consumptive appropriations.
173-548-060	Ground water.
173-548-070	Effect on prior rights.
173-548-075	Administration.
173-548-076	Organization and management of workload.
173-548-080	Enforcement.
173-548-090	Appeals.
173-548-100	Regulation review.

NEW SECTION
WAC 173-548-001
Purpose of rule.

(1) The purposes of this rule are to establish a water bank and to provide guidelines and procedures for the management of the water resources in the Methow River basin. These guidelines and procedures apply to both surface water and ground water that is in hydraulic continuity with the Methow River or its tributaries. These guidelines and procedures are intended to provide a means to develop water supplies for beneficial out-of-stream uses such as domestic and agricultural purposes, protect and enhance beneficial instream uses, enhance habitat for anadromous salmon and steelhead, and protect existing water rights.

(2) It is determined that water is not reliably available for certain times of the year within the Methow River basin, including hydraulically connected ground water. New appropriations under water right applications filed under RCW 90.03.250 and RCW 90.44.050, must be made in accordance with the procedures described in WAC 173-548-030(1), WAC 173-548-031, or WAC 173-548-032.

(3) This rule complements and is implemented in conjunction with applicable Okanogan County ordinances and/or resolutions that require water to be used and managed in a manner consistent with state laws, regulations, and local management objectives described in the ordinances and/or resolutions.

(4) In promulgating this rule revision, consideration was given to the recommendations of the Methow River basin pilot planning committee; the Methow River basin ground water advisory committee; chapter 173-548-030 WAC, filed on December 28, 1976; Okanogan County subdivision and critical areas ordinances, comprehensive plan, zoning code, shoreline master program; and the Mazama water quality protection system.

[]

For purposes of this chapter, the following definitions apply:

(1) "Allocation" means the maximum rate and volume of water approved by the department under a water right permit or certificate for a specific beneficial use.

(2) "Community domestic use" means any water intended or used for human consumption for more than one single-family residence.

(3) "Community domestic water system" means a system that delivers water primarily-for community domestic uses.

(4) "County" means Okanogan County.

(5) "Department" means the Washington state department of ecology.

(6) "Exempt water use" means any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day.

(7) "Hydraulically connected ground water" means ground water aquifers or bodies where withdrawals of ground water have an impact on (reduce flow or level of) the surface waters.

(8) "Hydraulic continuity" means the connection and dynamic interaction between ground and surface water. An aquifer is in hydraulic continuity with lakes, streams, rivers, or other surface-water bodies whenever it is discharging to, or being recharged by, surface water.

(9) "Impairment" means the condition, caused by other than a natural event, where the holder of a valid water right cannot accomplish the beneficial use or uses for which the right was granted.

(10) "In-house use" means water used inside the home (e.g. sinks, toilets, shower/bath, laundry), and does not include uses of water outside the residence (e.g. lawn, garden, ornamental landscaping, car washing).

(11) "Net water savings" means the amount of water that is determined to be conserved and usable within a specified stream reach or reaches for other purposes without:

(a) Impairment or detriment to water rights existing at the time that a water conservation project is undertaken;

(b) Reducing the ability to deliver water; or

(c) Reducing the supply of water that otherwise would have been available to other existing water uses.

(12) "New water use" means a use of water which was not legally authorized before the effective date of this rule.

(13) "Open space" means land within or related to a development, not individually owned (undivided interest), which remains undeveloped and that is dedicated to one or more of the following purposes:

(a) Historical/architectural preservation;

(b) Fish or wildlife habitat;

(c) Agriculture; or

(d) Recreation.

(14) "Planned development" means land on which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under flexible standards, such as lot sizes and setbacks, different from those restrictions that would normally apply to a subdivision in the underlying zone. Planned development standards contain requirements in addition to those of the standard subdivision, such as building design principles and a landscaping plan. Planned developments are served by a community domestic water system as defined in this section.

(15) "Saved water" means the quantity of water historically diverted or withdrawn to satisfy a beneficial use that, as a result of system improvements or a change of use is no longer diverted or withdrawn from its source for the historical beneficial use.

(16) "Stream management units" are the four mainstem Methow River and three tributary segments, each of which contains a control station, that together make up the Methow River basin. Base flow levels and other elements of the 1977 water resource management program are defined by and will be administered within each management reach.

(17) "Trust water right" means any water right acquired by or donated to the state under the trust water right provisions of chapter 90.42 RCW. Trust water rights are immediately junior to, but maintain the same priority date as, the water right from which they were acquired or donated.

(18) "Valid water right" means a water right recognized by law.

(19) "Water bank" means the system by which trust water rights can be dedicated to one of several future instream and out-of-stream uses.

[]

This rule was developed and adopted based on Chapters 18.104, 43.27A, 90.03, 90.22, 90.42, 90.44, and 90.54 RCW, and was developed consistent with the rules and procedures in applicable Okanogan County ordinances and resolutions, Chapters 19.27, 36.36, 43.21A, 43.83B, 58.17, 90.46, and 90.48 RCW, and Chapters 173-100, 173-160, 173-200, and 173-500 WAC.

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These rules, including any subsequent additions and amendments, apply to waters within and contributing to the Methow River basin within, WRIA 48 (see WAC 173-500-040).  Chapter 173-500 WAC, the general rule((s)) of the department of ecology for the implementation of the comprehensive water resources program, applies to this chapter ((173-548 WAC)). The Methow River basin includes those lands which are depicted on the map in WAC 173-548-015. Information regarding stream management units in the Methow River basin is provided in WAC 173-548-020.

[Order DE 76-37, § 173-548-010, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
NEW SECTION
WAC 173-548-015
Methow River basin map.

Place illustration here.

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(1) Base flows are established for stream management units with monitoring to take place at certain control ((points)) stations as follows:

STREAM MANAGEMENT UNIT INFORMATION

(2) Base flows established for the stream management units in WAC 173-548-020(1) are as follows:

PART 1

PART 2

(4) All rights hereafter established through the procedures in RCW 90.03.250 and RCW 90.44.050 shall be subject to the base flows established in WAC 173-548-020(1) through (3), except as provided under WAC 173-548-030(1) and WAC 173-548-032 through WAC 173-548-037.

(5) Future appropriations of water which would conflict with base flows shall be authorized, by the director, only in those situations when it is clear that overriding considerations of the public interest will be served.

[Order DE 76-37, § 173-548-020, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION [(Amending Order DE 76-37, filed 12/28/76)]WAC 173-548-030
((Future allocations--Reservation of surface water for beneficial uses.

The department determines that there are surface waters available for appropriation from the stream management units specified in the amount specified in cubic feet per second (cfs) during the time specified as follows:

(a) Maximum surface water available for future allocation from the indicated reach is as follows:

Month	Lower Methow		Middle Methow		Upper Methow		Methow Head- waters		Early Winters Creek		Chewack River		Twisp River
Oct.	95		50		44		15		29		09		14
Nov.	116		101		46		06		21		10		15
Dec.	112		99		44		17		26		10		15
Jan.	50		36		26		08		19		03		09
Feb.	51		37		29		09		19		04		10
Mar.	147		139		80		38		19		24		18
Apr.	565		590		273		336		35		118		148
May	2,922		2,927		784		412		403		809		703
Jun.	3,116		2,853		1,017		1,249		294		1,292		890
Jul.	965		877		583		608		189		308		298
Aug.	214		192		203		109		94		70		70
Sep.	62		55		76		33		47		23		26
All figures in cubic feet per second.

(b) The control station for each reach is defined in WAC 173-548-020.

(c) The appropriation limit is set forth to be an amount equal to the one in two year natural reach discharge on a monthly basis for all management reaches except Early Winters Creek.  The appropriation limit for Early Winters Creek is set forth to be an amount equal to the estimated natural mean monthly streamflow for that stream.

(2) The amounts of water referred to in WAC 173-548-030(1) above are allocated for beneficial uses in the future as follows:

(a) Allocation of surface waters by use category (April through September):

Use Description	Apr.	May	Jun.	Jul.	Aug.	Sep.
Lower Methow
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	860	1,940	2,220	800	300	300
Public Water Supply, Irriga-tion, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Middle Methow
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	650	1,500	1,500	500	220	220
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Upper Methow
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	300	690	790	240	100	100
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Methow Headwaters
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	90	430	1,160	180	32	32
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Early Winters Creek
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	23	108	290	45	8.0	11.0
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Chewack River
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	140	290	320	110	47	47
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Twisp River
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	100	300	440	130	27	27
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
All figures in cubic feet per second

(b) Allocation of surface waters by use category (October through March):

Use Description	Oct.	Nov.	Dec.	Jan.	Feb.	Mar.
Lower Methow
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	425	425	350	350	350	350
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Middle Methow
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	320	320	260	260	260	260
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Upper Methow
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	150	150	120	120	120	120
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Methow Headwaters
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	60	60	42	42	42	42
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Early Winters Creek
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	15	15	10	10	10	10
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Chewack River
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	68	68	56	56	56	56
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
Twisp River
Single Domestic and Stock Use	2.0	2.0	2.0	2.0	2.0	2.0
Base Flow	45	45	34	34	34	34
Public Water Supply, Irrigation, and Other Uses	Remaining waters up to the appropriation limit set forth in WAC 173-548-030 (1)(c)
All figures in cubic feet per second.

(c) Allocations presented in this section do not limit the utilization of waters stored for later release, provided such storage does not infringe upon existing rights or base flow and is duly permitted under RCW 90.03.290 and 90.03.350.

(d) As the amount of water allocated for each category of use approaches the amount available for future allocation set forth in WAC 173-548-030(1), the department shall review the program to determine whether there is a need for program revision.)) Future water use--General. (1) This rule amendment does not affect water uses under valid water rights or claims which existed before the effective date of its adoption. Authorization of new uses must be obtained from the department and the county through one of the processes defined in WAC 173-548-031 through 036 or, for single domestic and stock purposes, as described in subsection (2) of this section. The water needed to meet new consumptive water uses must now come from:

(a) Water stored during periods of high water flow in the basin;

(b) Transfer of valid water rights;

(c) Water saved from existing rights through the implementation of water conservation or conversion practices;

(d) The water bank; or

(e) Water obtained through reuse.

(2) Up to 2.0 cfs may be used within each stream management unit for single domestic and stock purposes. This amount of water was reserved for future use in the regulation adopted December 28, 1976. The amount that remains available for future single domestic and stock purposes differs within each management unit, based upon the number of appropriations made and the beneficial uses perfected subsequent to adoption of the regulation. Appropriations from this reservation have a priority date of December 28, 1976, and are not subject to the base or minimum instream flows described in WAC 173-548-020.

(3) The Methow River basin water bank is hereby established to account for water saved ("deposits") and water subsequently allocated ("withdrawals") as described in WAC 173-548-037.

[Order DE 76-37, § 173-548-030, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
NEW SECTION
WAC 173-548-031
Future water use--Storage facilities.

Storage projects may make water available during periods of low natural water availability. Capture and use of peak spring flows must not negatively affect anadromous fish migration travel time or the base flows in WAC 173-548-020. Evaluation of a storage project proposal in the Methow River basin is formally initiated when an application for a water right for this purpose is filed with the department in accordance with RCW 90.03.255 or 90.44.055. The department shall coordinate its evaluation with the local community and local, state, federal and tribal governments.

[]

(1) The director finds that a reliable supply of water for community domestic uses during the period from the end of the irrigation season to the beginning of the following irrigation season is essential for successful implementation of the pilot planning committee recommendations and is in the overriding interest of the public. Water, in the amount of 2 cfs within each stream management unit, may be appropriated under this section for systems providing community domestic uses, by filing an application in accordance with RCW 90.03.250 or RCW 90.44.050. However, such an appropriation may only take place during the period from the end of the irrigation season to the beginning of the following irrigation season, and only if the applicant has met the conditions described in subsection (2) of this section. Permits authorizing the use of water from this reservation are not subject to the base flows described in WAC 173-548-020.

(2) The applicant must save water during the irrigation season by implementing water conservation practices or by changing the purpose of use of the water, and the saved water must be conveyed to the state by a trust water agreement donating a portion of the existing water right to the accounts described in WAC 173-548-037(4) as follows:

(a) One-half of the conserved water or water for which the use was changed must be dedicated to the instream flow account; and

(b) One-sixth of the conserved water or water for which the use was changed must be dedicated to the development account.

(3) The reservation described in subsection (1) of this section will be reviewed and may be revised in a subsequent rule-making to establish the procedures and guidelines associated with the comprehensive water savings plan which will govern management of the water bank for each stream management unit.

[]

[RESERVED]

[]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 173-548-034
Future water use--Conservation and change of purpose of use.

[RESERVED]

[]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 173-548-035
Future water use--Salmonid habitat.

[RESERVED]

[]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 173-548-036
Future water use--Water reuse.

[RESERVED]

[]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 173-548-037
Future water use--Allocation of saved water.

Allocation of water from the water bank must be consistent with chapter 90.42 RCW and the following:

(1) Water placed in the trust of the water bank may only be authorized for single domestic, stock, instream flow, agriculture, community domestic, municipal, or other beneficial uses consistent with applicable regional plans for pilot planning areas, or to resolve critical water supply problems.

(2) Water placed in the trust of the water bank must remain in the bank until criteria for the allocation of saved water have been established, unless the county and the department agree in writing to use water from the water bank to address critical water supply problems consistent with chapter 90.42 RCW.

(3) Water placed in the trust of the water bank may not be re-allocated to uses outside the Methow River basin.

(4) Water placed in the trust of the water bank must be designated to at least one of the following accounts which are hereby established for each stream management unit within the Methow River basin:

(a) Agriculture account;

(b) Development account;

(c) Instream flow account; or

(d) Habitat account.

[]

(1))) Future water use--Priority of appropriation. As between ((rights established in the)) future water uses within each use category, the following priority dates apply:

(1) For single domestic and stock uses described in WAC 173-548-030(2) the priority date is December 28,1976, and

(2) For community domestic uses described in WAC 173-548-032, the priority date is the effective date of this section. ((pertaining to waters allocated in WAC 173-548-030 (2)(a) and (b), all rights subject to this program shall be regulated in descending order of use category priority regardless of the date of the priority of right.

(2) As between rights established in the future within a single use category allocation of WAC 173-548-030, the date of priority shall control with an earlier dated right being superior to those rights with later dates.))

[Order DE 76-37, § 173-548-040, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION [(Amending WSR 91-23-093, filed 11/19/91)]WAC 173-548-050
Streams and lakes closed to further consumptive appropriations.

(1) The department, having determined based on existing information that there are no waters available for further appropriation through the establishment of rights to use water consumptively, closes the streams and lakes listed in (((a) and (b))) subsections (3) and (4) of this section, and ground water hydraulically connected with these surface waters to further consumptive appropriation. This includes rights to use water consumptively established through permit procedures and ground water withdrawals otherwise exempted from permit under RCW 90.44.050.  Specific situations in which well construction may be approved are identified in section (2) of this section.

(2) No wells ((shall)) may be constructed for any purposes, including those exempt from permitting under RCW 90.44.050, unless one or more of the following conditions have been met and construction of the well has been approved in writing by the department ((prior to)) before the beginning of well construction:

(((1))) (a) The proponent has a valid water right permit or certificate recognized by the department.  For an existing community domestic use, a water right permit or certificate must be held by a purveyor of an approved system.  (For the purposes of this chapter, an approved water system is one in compliance with the state drinking water regulations, chapter 246-290 WAC and the state surface and ground water codes, chapters 90.03 and 90.44 RCW); or

(((2))) (b) The proponent has obtained a valid state surface water or ground water right through a transfer or change of water right approved by the department under the statutory authority of chapter 90.03 or 90.44 RCW; or

(((3))) (c) The proponent is replacing or modifying an existing well used for an exempt use ((developed)) under ((the exemption from permit clause of)) RCW 90.44.050 ((and this has been approved in writing by the department)); or,

(((4) If the ground water being sought for withdrawal has been determined by the department not to be hydraulically connected with surface waters listed as closed, the department may approve a withdrawal.  When insufficient evidence is available to the department to make a determination that ground and surface waters are not hydraulically connected, the department shall not approve the withdrawal of ground water unless the person proposing to withdraw the ground water provides additional information sufficient for the department to determine that hydraulic continuity does not exist and_that water is available.)) (d) The department has determined that ground water being sought for withdrawal is not hydraulically connected with streams or lakes listed as closed, and the department has issued a permit in response to an application in accordance with chapter 90.44 RCW.

(((a))) (3) STREAM CLOSURES

The following streams are closed all year, including all ground waters hydraulically connected to these streams.

	Stream Name (Includes Tributaries)
	Wolf Creek
	Bear Creek
	(Davis Lake)
	Thompson Creek
	Beaver Creek
	Alder Creek
	Benson Creek
	Texas Creek
	Libby Creek
	Cow Creek
	Gold Creek
	McFarland Creek
	Squaw Creek
	Black Canyon Creek
	French Creek

(((b))) (4) LAKE CLOSURES

The following lakes are closed all year, including all ground waters hydraulically connected to these lakes:

Name	Location
Alta Lake	3 mi. SW of Pateros
Black Lake	25 mi. N of Winthrop
Black Pine Lake	9 mi. SW of Twisp
Crater Lake	10 mi. W of Carlton
Davis Lake	Bear Creek Drainage
Eagle Lake	11 mi. SW of Carlton
French Creek	Sec.28, T.31N., R.23E.W.M.
Libby Lake	10 mi. W of Carlton
Louis Lake	20 mi. W of Winthrop
Middle Oval Lake	16 mi. W of Carlton
North Lake	20 mi. W of Winthrop
Patterson Lake	Sec.8, T.34N., R.21E.W.M.
Pearrygin Lake	Sec.36, T.35N., R.21E.W.M.
Slate Lake	14 mi. W of Winthrop
Sunrise Lake	16 mi. W of Methow
Upper Eagle Lake	12 mi. W of Carlton
West Oval Lake	16 mi. W of Carlton

[Statutory Authority: Chapters 34.05, 90.54, 18.104, 90.03 and 90.44 RCW.  91-23-093 (Order 91-27), § 173-548-050, filed 11/19/91, effective 12/20/91; Order DE 76-37, § 173-548-050, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION [(Amending Order DE 76-37, filed 12/28/76)]WAC 173-548-060
Ground water.

If it is determined that a future development of ground water ((measurably affects)) is hydraulically connected to surface waters subject to the provisions of chapter 173-548 WAC, then rights to ((said)) that ground water shall be subject to the same conditions as affected surface waters.

[Order DE 76-37, § 173-548-060, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

AMENDATORY SECTION [(Amending Order DE 76-37, filed 12/28/76)]WAC 173-548-070
Effect on prior rights.

Nothing in this chapter ((shall)) may be construed to lessen, enlarge, or modify existing rights, whether acquired by appropriation or otherwise, ((and)) which were legally vested ((prior to)) before the effective date of this chapter or amendments to this chapter. Rights established under chapter 173-548 WAC or emergency rule amendments thereof are subject to laws, rules, and regulations in effect at the time the right was established.

[Order DE 76-37, § 173-548-070, filed 12/28/76.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 173-548-075
Administration.

The department and the county each have a role in the review of requests for new uses or requests to change existing rights and claims under this rule. These roles are described below. The water bank is created under this rule to manage the deposit and re-allocation of saved water. Re-allocation of saved water is only possible when water is available, or as identified in sections WAC 173-548-032 through WAC 173-548-035. In general, the process, and the responsibilities of the department and the county, are as follows:

(1) The county is responsible for initial contact from the landowner or developer proposing a development or seeking authorization of an existing unauthorized water use.

(2) The county and the department will together obtain information regarding existing water rights and proposed uses.

(3) The department and the county are responsible for working with the project proponent to identify potential sources of water for a proposed project.

(4) The department is responsible for evaluating water rights, and determining the amount of saved water to be deposited into state trust, and to be made available for future use through the water allocation system.

(5) The county is responsible for maintaining a record of withdrawals from and deposits to the water bank, consistent with this rule. This register must include records of department issued permits, change authorizations, and certificates.

(6) The county is to manage water bank accounts by stream management unit. In some instances, accounts may be managed by subbasin within a stream management unit. For each stream management unit or subbasin, separate accounts are administered for agricultural purposes and development.

(7) Water stored in the water bank maintains the priority date of the original right consistent with chapter 90.42 RCW.

(8) Municipal water supply systems must demonstrate they have employed water conservation practice before they can withdraw water from the water bank.

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The department is generally required to process water right applications from the same water source or basin in the order that the applications were accepted. In order to better implement the policies contained within this rule and to more effectively use water resources, the department may process applications for new water rights or changes of existing water rights within each stream management unit based on the following priority order:

(1) The application resolves or alleviates a public health or safety emergency caused by a failing public water supply system currently providing potable water to existing users. See WAC 173-152-050(1);

(2) The application for change or transfer, if approved, would substantially enhance the quality of the natural environment;

(3) The application is made under section 173-548-031 WAC;

(4) The application is made under section 173-548-032 WAC;

(5) The application is made under section 173-548-033 through 036 WAC;

(6) The application is for a change or transfer of a water right; or

(7) The application is for a new water right.

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