PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Amendment of the instream resources protection program for the mainstem Columbia River in Washington state (chapter 173-563 WAC) and the water resources program for the John Day-McNary Pools Reach of the Columbia River (chapter 173-531A WAC).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.03.247, 90.22.010, 90.54.040.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Use of the consultation process, as defined in the present Columbia River rule, has made processing the first eleven water right applications difficult due to the high level of contention around instream flow needs in the mainstem of the Columbia River. Ecology believes that clarifying more elements of the instream flow program will greatly improve the effectiveness of its water right permitting program. Ecology is proposing a rule to process applications for new water rights from the mainstems of the Columbia and Snake rivers by river reach. Ecology anticipates that the amendments would: (1) Define each reach of the Columbia River mainstem as a separate water source for purposes of processing water right applications, and (2) create a framework for mitigation of any potential harm which would otherwise result from projects associated with the approval of new water right applications.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No federal or other state agencies have authority to set instream flows or to process water rights. However, where there is a federal permit required, either the National Marine Fisheries Service (NMFS) or Fish and Wildlife Service (FWS) may require an applicant to consult under the federal Endangered Species Act to ensure the project does not harm (or "take") species listed as threatened or endangered under the act. Also, NMFS has established flow targets in its biological opinion for operation of the Federal Columbia River Power Supply System.
Process for Developing New Rule: Ecology anticipates holding at least four hearings on the rule proposal.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bob Barwin, Yakima, Ecology's Central Regional Office, at (509) 574-3989 or rbar461@ecy.wa.gov; or Thom Lufkin, Lacey, Ecology's Headquarters Office, at (360) 407-6631 or tlhw461@ecy.wa.gov. Ecology anticipates holding at least four hearings in eastern Washington to discuss the rule proposal.
July 31, 2001
Joe Stohr
Program Manager
Water Resources Program