WSR 98-22-069
PROPOSED RULES
DEPARTMENT OF ECOLOGY
[Order 9823--Filed November 3, 1998, 9:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-18-103.
Title of Rule: Amend chapter 173-532 WAC, Water resources program, Walla Walla Basin.
Purpose: To prioritize change applications over new applications when change applications meet certain criteria.
Statutory Authority for Adoption: Chapters 43.21A, 43.27A, 90.03, 90.44, 90.54 RCW.
Statute Being Implemented: Chapters 90.44 and 90.54 RCW.
Summary: The amendment enables ecology to prioritize water right change applications ahead of applications for new water rights if the project proposed in the change application would result in at least one of the following: (a) Saving at least 10% of the annual quantity of water formerly beneficially consumed under the water right being changed; (b) enhancement of the natural environment; or (c) construction of a single municipal water supply system consistent with an approved water system plan, managed according to conservation principles.
Reasons Supporting Proposal: Applications for new water rights are generally being held pending resolution of hydraulic continuity issues and some change applications may achieve at least one of the results noted above.
Name of Agency Personnel Responsible for Drafting: Thom Lufkin, Lacey, (360) 407-6631; Implementation and Enforcement: Bill Neve, Walla Walla, (509) 527-4546.
Name of Proponent: Walla Walla County Regional Planning Department and Walla Walla County Board of Commissioners, public and governmental.
Rule is necessary because of state court decision, Hillis vs. Ecology, Washington State Supreme Court (No. 63399-1) filed March 6, 1997.
Explanation of Rule, its Purpose, and Anticipated Effects: This amendment to chapter 173-532 WAC, Water resources program for the Walla Walla Basin, enables ecology to prioritize water right change applications ahead of applications for new water rights if the project proposed in the change application would result in at least one of the following:
(a) Saving at least 10% of the annual quantity of water formerly beneficially consumed under the water right being changed, to remain in the stream to either be used by an existing water right holder (if necessary to meet the full right to water) or to contribute to instream flow;
(b) Enhancement of the natural environment in a manner approved by ecology and maintained as long as the water right is used; or
(c) Construction of a single municipal water supply system consistent with an approved water system plan, managed according to conservation principles negotiated with and approved by ecology.
Proposal Changes the Following Existing Rules: Please see above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed language is essentially procedural in nature (see above for description). Business and individuals whose applications for change or transfer of water rights qualify, would enjoy a reduction in waiting time and costs for consideration of their application. Businesses and individuals whose applications were put back in time would experience an increase in waiting time and costs. However, given the notation (in proposed WAC 173-532-085(1)) that little water is available for new appropriation in the basin, these increases may be essentially moot. In any event, there is no necessary or logical basis for attributing these impacts to small versus large businesses, either in absolute or relative terms. Rather, they follow from the nature of water rights applicants' proposals and their temporal place in the applications line.
RCW 34.05.328 applies to this rule adoption. These rules are significant under RCW 34.05.328 because they make significant amendments to a regulatory program. The agency has conducted the additional analysis under RCW 34.05.328.
Hearing Location: WSU/Walla Walla County Extension Office Auditorium, 317 West Rose, Walla Walla, WA, on December 8, 1998, at 7:00 p.m. to 9:00 p.m.
Assistance for Persons with Disabilities: Contact Paula Smith by November 24, 1998, TDD (360) 407-6006, or voice (360) 407-6607.
Submit Written Comments to: Thom Lufkin, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, fax (360) 407-6631, by December 18, 1998.
Date of Intended Adoption: January 5, 1999.
November 2, 1998
Daniel J. Silver
Deputy Director
OTS-2643.1
NEW SECTION
WAC 173-532-085 Water resources program for the Walla Walla River basin, WRIA 32. (1) The department recognizes that the many water resource planning documents and water supply studies which have been prepared for the Walla Walla River basin contain a significant amount of useful water management information. The department's general interpretation of these studies is that there is little water available within the basin for new appropriations. Consequently, the department has concluded that managing water within the Walla Walla basin by processing applications for changes to or transfers of existing water rights is the most efficient and effective approach available. This approach also may provide positive benefits to the environment and economy of the region.
(2) Therefore, an application for a change to or transfer of an existing water right may be processed before applications for new water rights with senior filing dates proposing to use water from the same source, provided one or more of the following criteria are satisfied:
(a) The proposed transfer or change would result in saving at least ten percent of the annual quantity of water that was formerly consumed by a beneficial use under the water right that is being transferred or changed, with the saved water remaining instream to either be appropriated, as necessary, for permitted uses existing prior to adoption of this amendment or to provide instream flow; or
(b) The proposed transfer or change would incorporate a water resources component specifically designed to enhance, and which would enhance, the quality of the natural environment in a manner deemed appropriate by the department, with the enhancement to be maintained by the applicant or the subsequent holder(s) of the water right for as long as the water associated with the transfer or change continues to be used; or
(c) The proposed transfer or change would result in the construction of a single municipal water supply system which is consistent with an approved water system plan and which will be managed according to specific water conservation principles negotiated with and agreed to by the department prior to approval of the proposed change or transfer.
(3) Although subsection (2) of this section allows transfer or change applications to be processed before new applications for water from the same source that were filed earlier than the applications for transfer or change, the department is required by law to assure that the availability of water for the earlier applications would not be impaired if the transfer or change application is approved.
(4) The criteria in subsection (2) of this section are meant to supplement WAC 173-152-050 (3)(a). Nothing in this chapter shall serve to supersede the requirements set forth through chapter 173-152 WAC.
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