WSR 14-19-114
PROPOSED RULES
DEPARTMENT OF ECOLOGY
[Order 13-11—Filed September 17, 2014, 9:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-03-122.
Title of Rule and Other Identifying Information: Ecology proposes adopting new chapter 173-557 WAC, Water resources management program for the Spokane River and Spokane Valley Rathdrum Prairie (SVRP) aquifer. Ecology also proposes amending WAC 173-555-010 General provision, the applicability provision of chapter 173-555 WAC, Water resources program in the Little Spokane River Basin, WRIA 55.
Hearing Location(s): CenterPlace Regional Event Center, Great Room, 2426 North Discovery Place, Spokane Valley, WA 99216, on Wednesday, October 22, 2014, open house at 6:00 p.m., formal public hearing at 7:00 p.m.
Date of Intended Adoption: December 15, 2014.
Submit Written Comments to: http://www.ecy.wa.gov/programs/wr/rules/557-pi.html; or to Ann Wessel, 1440 10th Street, Suite 102, Bellingham, WA 98225-7028, (360) 715-5215, e-mail awes461@ecy.wa.gov, fax (360) 715-5225, by November 7, 2014, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Tony Rossiter by Wednesday, October 15, 2014, TTY (800) 833-6388 or (360) 407-6878.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule will establish a water resources management program for the Spokane River and the SVRP aquifer. The purposes of this rule are to:
(a) Establish instream flow levels necessary to protect wildlife, fish, scenic, aesthetic, recreation, water quality and other environmental values, navigational values, and stock watering requirements;
(b) Meet water resource management objectives of the Spokane area watershed plans adopted under chapter 90.82 RCW;
(c) To protect existing water rights; and
(d) Establish and protect Washington state interests in the water resources of the Spokane River.
This rule will establish ecology's policies to guide the protection, use, and management of Spokane River Basin surface water and the SVRP aquifer within the boundary of the rule area. It will protect existing water rights, establish instream flows, and set forth a program for the management and administration of future water allocation and use.
The purpose of the amendment to WAC 173-555-010 is to clarify the application of chapter 173-555 WAC in the area where the new rule (chapter 173-557 WAC) will overlap with the existing rule (chapter 173-555 WAC).
Reasons Supporting Proposal: This rule will further the state of Washington's water management goals and ecology's statutory obligation to protect instream resources. This rule is consistent with implementation of watershed plans adopted under the Watershed Planning Act, chapter 90.82 RCW.
Statutory Authority for Adoption: Chapters 43.27A, 90.22, 90.54, 90.82, 90.03, 90.44, and 18.104 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting: Ann Wessel, Bellingham, Washington, (360) 715-5215; Implementation and Enforcement: Keith Stoffel, Spokane, Washington, (509) 329-3464.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
Note: Due to size limitations relating to the filing of documents with the code reviser, the small business economic impact statement (SBEIS) does not contain full explanation of ecology's analysis. Additionally, it does not contain raw data or all summaries of data used in the analysis, or all of ecology's analysis of this data. However, this information is being placed in the rule-making file, and is available upon request for the rule file. A full analysis of compliance costs is available in the associated cost-benefit analysis for this rule.
Executive Summary: The proposed rule requires new consumptive uses of water to be fully mitigated through a senior water right or be interruptible. New changes or transfers of water in the future would be conditioned by the rule.
All currently established businesses using an established water right are not required to comply with the proposed rule. Essentially this proposed rule has little or no impact on small or any other business. All current businesses already operating under an established water right are not affected.
Only businesses seeking new appropriations of water or choosing to change or transfer an existing water right are required to comply with the rule. For those businesses affected by the rule, small businesses would experience a disproportionate impact based on a per-employee assessment.
Future businesses are likely to either be served by an established water right or will need to be covered under mitigation water if using a permit-exempt withdrawal.
The purpose of the amendment to WAC 173-555-010 is to clarify the application of chapter 173-555 WAC in the area where the new rule (chapter 173-557 WAC) will overlap with the existing rule (chapter 173-555 WAC).
This document is intended to be read in conjunction with the associated cost-benefit analysis (publication no. 14-11-006).
Background:
History of the Spokane River and SVRP Aquifer: In the early 1990s, ecology determined that the low flows in late summer low were further declining in the Spokane River. Because of this decline and what was known about the interaction between the aquifer and the river at that time, ecology stopped issuing new groundwater rights in the SVRP aquifer. Following budgetary and legislative decisions further reinforced this inaction.
 |
Around 2004, spurred by local events, public interest in water availability resulted in the beginning of the so-called "Bi-state Aquifer study." That study, conducted jointly by Idaho, Washington, and the United States Geologic Survey, supplemented watershed planning processes then underway in the area, and provided:
• | Broad regional understanding about the mechanisms governing water supplies in the region; and |
• | A peer reviewed technical tool to assess and evaluate effects of water management alternatives on the system. |
The results clearly indicate seasonal surface water declines are partially the result of increased groundwater withdrawals. Groundwater is only available at the expense of surface water supplies, and new withdrawals will increase seasonal declines in surface water flows and levels.
Processing applications for new water rights from the Spokane River and SVRP aquifer must consider existing water rights, including the roughly two hundred ten cubic feet per second (cfs) of existing inchoate municipal rights, prior to issuing new rights.
Rule Proposals: The key elements of the proposed rule include:
• | Establishing instream flows protective of habitat for native fish and other resource-related beneficial uses (hydropower, water quality, recreation, aesthetic values, and so on). |
• | Providing a baseline for making water availability determinations necessary for guiding water right permit decisions. |
• | Protecting Washington state's interests in any interstate water rights conflict. |
Analysis of Compliance Costs for Washington Businesses: We assess the impacts of the proposed rule by comparing water right management under the proposed rule in contrast to current practices.
Current Water Rights Administration: The current framework (or "baseline") considers the use of water under existing rights, including permit-exempt wells (RCW 90.44.050), and current administrative procedures for considering applications both for new water rights and for changes to existing water rights. The legal baseline for this analysis consists of the regulation of water usage under chapter 90.44 RCW, Regulation of public groundwater; chapter 90.54 RCW, Water Resources Act of 1971; and chapter 90.03 RCW, Water code.
A brief description of compliance requirements follows:
Water Rights Administration Under the Rule: Approval of applications for new water [rights] from the Spokane [River] must consider potential impairment of existing water rights, including roughly two hundred ten cfs of existing inchoate municipal rights. The proposed rule will also set specific requirements for new uses of surface and groundwater, whether they require a permit or are permit-exempt, to prohibit impairment of the proposed instream flows. When instream flows are not met, the proposed rule requires uses junior to the rule to be interrupted unless fully mitigated through an existing water right.
For more detail on changes to water right administration, see the cost-benefit analysis.
Surface and Groundwater Permits: After adoption of the proposed rule ecology may issue new conditioned surface and groundwater permits allowing withdrawals when seasonal flows exceed the proposed instream flow levels.
Permit-Exempt Groundwater: In times of shortage, new water users are required to fully mitigate effects on adopted instream flows. Such mitigation must be obtained prior to the water use. Ecology has evaluated the possibilities of new domestic permit-exempt users in the proposed rule area and has concluded there will be very few people that cannot hook up to an existing public water supply system for their domestic supply.
Ecology is working on securing mitigation water to cover the limited number of anticipated future domestic permit-exempt well users. Although the future demand is an estimate, ecology expects the mitigation water put into trust will cover domestic permit-exempt mitigation needs well beyond the time period within the scope of this analysis.
Changes and Transfers of Water Rights: Ecology will continue to process changes and transfers of existing water rights as allowed by chapters 90.03 and 90.44 RCW. After rule adoption, a change or transfer proposal can be approved only if there is a finding that existing rights, including the instream flows established in this chapter, will not be impaired.
Impacts to Businesses in the Rule Area: The proposed rule will not directly affect any existing water right holders. Existing small businesses are not required to comply with the proposed rule to continue their current water use or if they wish to expand their use through a public water supplier. Businesses may be slightly affected by the rule if they choose to pursue a change or transfer of an existing water right. They would also be required to comply with the rule if seeking to establish a new water use outside public water supply service areas.
Almost every business would locate, or be required to locate by city and county ordinances within a public water supply service area with inchoate rights. Businesses that locate in areas with available water rights are unaffected by the rule.
Impacts to Businesses Dependent on Permit-Exempt Wells: As stated above, the proposed rule does not directly affect current or future businesses that have existing water rights or are served by a public water system. Future businesses choosing to locate outside a service area and eligible to use a new permit-exempt withdrawal would have access to the preestablished mitigation. They will have no known impact.
Costs to Firms and Required Professional Services: As mentioned above, no business entities are required to comply with the proposed rule unless they seek a new appropriation of water or seek a future change or transfer. In the case of changes or transfers, it is possible that additional hydrologic professional services may be needed above and beyond what they would be required currently. Ecology estimates this cost at ten additional hours of consultation or hydrologic services at $200 an hour1 for a total cost of $2,000. Ecology estimates that the number of changes/transfers that might require the additional analysis to be ten over the next twenty years.
1 The hourly rate estimate is for future fees based on historic budget and contract costs at ecology.
Reporting and Recordkeeping: The proposed rule requires no additional reporting or recordkeeping.
Additional Professional Services: Small businesses seeking future changes or transfers may need additional hydrologic services beyond what they would be currently required to use. Ecology estimates this cost at ten additional hours of consultation or hydrologic services at $200 an hour for total costs of $2,000. Ecology estimates that the number of changes/transfers that might require the additional analysis to be ten over the next twenty years.
Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Ecology does not expect any additional costs in these areas.
Other Compliance Requirements: Ecology does not anticipate additional compliance requirements.
Quantification of Costs and Ratios: It is the purpose of this section to evaluate whether:
• | The proposed rules could cause businesses to lose sales or revenue. |
• | The proposed rules would have a disproportionate impact on small businesses. |
Revenue Impacts: As noted previously, only new appropriators of water or future changes and transfers are required to comply with the proposed rule. There would not be any impacts on small business revenue.
Distribution of Compliance Costs: Will the rule have a disproportionate impact on small businesses?
To determine whether the proposed rule is likely to have a disproportionate impact on small businesses as contemplated by RCW 19.85.040, ecology will compare the cost impacts on the small business with those on large business in the same industrial classification. For this purpose, ecology will look at industry 221310 (Water Supply and Irrigation Systems) as this appears to be the only industry involving water purveyors. The sample of eighteen small business[es] shows they average 6.3 employees2. The City of Spokane water department is the business that is in the top ten percent with an estimated one hundred seventy-five employees. We have selected this example based on our knowledge of actual businesses that operate in the rule area.
2 Data provided by the Chelan County Assessor and by the Washington state employment security department was the basis for this table.
Most if not all of the businesses we are looking at are considered small, having "fifty or fewer employees." As a result, ecology does not have specific information about cost per hour of labor or cost per one hundred dollars of sales of the businesses in the rule area. Therefore, ecology has used the "Cost per employee" to evaluate whether there are disproportionate cost impacts. For this example we will not contemplate if, or how many changes or transfers companies may seek in the future, but describe disproportional impacts that may occur if they do in Table 1.
Table 1. Proportional Costs to Businesses
# of Employees |
Cost Per Employee |
||||
Estimated Costs per Change/Transfer |
Small Business |
10% Largest Business |
Small Business |
10% Largest Business |
|
Cost of additional professional services |
$2,000 |
6.3 |
175 |
$317 |
$11 |
The estimated cost per employee for small business is $317, and for the top ten percent of largest businesses is $11.
Businesses that do seek changes or transfers in the future may bear some additional costs. Although some additional costs can exist, the decision to pursue a change or transfer in the future recognizes there is clearly a net benefit for doing so.
Known Costs: Small businesses seeking future changes or transfers may need additional hydrologic services beyond what they would be currently required to use. Ecology estimates this cost at ten additional hours of consultation or hydrologic services at $200 an hour for a total cost of $2,000.
The costs to those required to comply with the proposed rule will impose disproportionate costs to small businesses.
Conclusions:
• | The proposed rule requires new consumptive uses of water to be fully mitigated through a senior water right. |
• | New changes or transfers of water in the future would be conditioned by the rule. |
• | Only businesses seeking new appropriations of water are required to comply with the rule. |
• | All currently established businesses using an established water right are not required to comply with the proposed rule. Essentially this proposed rule has little or no impact on small or any other business. All current businesses already operating under an established water right are not affected. |
• | All future businesses will either be served by an established water right or will be covered under the purchased mitigation water if using a permit-exempt withdrawal. |
Actions Taken to Reduce the Impact of the Rule on Small Business: The proposed rule will establish instream flows for the Spokane River, protecting instream resources from new water appropriations. This will help protect existing small businesses such as fishing guides, rafting companies, tourism related businesses, and waterfront restaurants that rely on the presence of water in the Spokane River. Setting instream flows will help protect existing water rights, in particular those held by small businesses and by municipal water purveyors, which are the primary source of water for small businesses in this area.
Ecology is not proposing to close the Spokane River to all new appropriations. It will be possible for a small business that could benefit from an interruptible source of water to acquire a water right, or for a small business to obtain new water by providing mitigation.
An action ecology is working on outside of the rule, but directly related to rule implementation, is the provision of mitigation for new uses of water relying on the groundwater permit exemption. This will reduce the rule's impact on small home-based businesses.
The Involvement of Small Business in the Development of the Proposed Rule: Small businesses, local governments, and others, were involved in watershed planning region wide. Small business (water purveyors and users) were also briefed by ecology staff in numerous public forums during development of the rule language. Ecology participation in and support of events sponsored by The Spokane River Forum (http://spokaneriver.net/) and other local organizations has also provided a means for small businesses' involvement in activities to promote a healthy river system. Data supporting the underlying science of rule development was gathered and analysis conducted by environmental consulting firms (typically small businesses).
The SIC Codes of Impacted Industries: The industries listed below may be required to comply with the proposed rule. The following NAICS code for small business that may be affected in complying with the rule. This serves as the known potential future businesses that may be affected.
Ecology has determined that water purveyors are the only know [known] businesses that would be affected by the rule and required to comply with the rule. The industrial classification for these entities is Water Supply and Irrigation Systems with NAICS code 221310.
Impacts on Jobs: Current small businesses or those that have or are using an existing water right are not affected by this rule. Small businesses that decide they want a new water right or which propose a change or transfer to an existing right may be affected. Ecology expects that these small businesses may rely on land use planning professionals (planners, architects, hydrogeologists, and engineers) to help prepare materials to show how their proposals meet the current change or transfer requirements. Ecology expects no net job impacts to come from this proposed rule.
A copy of the statement may be obtained by contacting the department of ecology web page at http://www.ecy.wa.gov/programs/wr/rules/557-ov.html, or Department of Ecology, Water Resources Program Publications, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6872, fax (360) 407-7162, e-mail WRPublications@ecy.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting the department of ecology web page at http://www.ecy.wa.gov/programs/wr/rules/557-ov.html, or Department of Ecology, Water Resources Program Publications, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6872, fax (360) 407-7162, e-mail WRPublications@ecy.wa.gov.
September 12, 2014
Polly Zehm
Deputy Director
AMENDATORY SECTION (Amending Order DE 75-24, filed 1/6/76)
WAC 173-555-010 General provision.
These rules, including any subsequent additions and amendments, apply to waters within and contributing to the Little Spokane River basin, WRIA-55 (see WAC 173-500-040). Chapter 173-500 WAC, the general rules of the department of ecology for the implementation of the comprehensive water resources program, applies to this chapter 173-555 WAC. In the area where this rule and chapter 173-557 WAC overlap, the application of each rule shall be determined as follows:
(1) New water use from the Little Spokane River, its tributaries, and the shallow aquifer associated with the Little Spokane River and its tributaries shall be regulated under this rule (chapter 173-555 WAC).
(2) New water use from the Spokane Valley Rathdrum Prairie aquifer shall be regulated under chapter 173-557 WAC, Water resource management program for the Spokane River and Spokane Valley Rathdrum Prairie (SVRP) aquifer.
Chapter 173-557 WAC
WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER
NEW SECTION
WAC 173-557-010 Authority and purpose.
(1) The department of ecology (ecology) adopts this rule under the authority of the Watershed Planning Act (chapter 90.82 RCW), Water Resources Act of 1971 (chapter 90.54 RCW), Water code (chapter 90.03 RCW), Regulation of public groundwaters (chapter 90.44 RCW), Minimum Water Flows and Levels Act (chapter 90.22 RCW), Water well construction (chapter 18.104 RCW); RCW 43.21A.064(9) and 43.21A.080; and in accordance with the water resources management program regulation (chapter 173-500 WAC).
(2) The purposes of this rule are to:
(a) Establish instream flow levels necessary to protect wildlife, fish, scenic, aesthetic, recreation, water quality and other environmental values, navigational values, and stock watering requirements;
(b) Meet water resource management objectives of the Spokane area watershed plans adopted under chapter 90.82 RCW;
(c) Protect existing water rights; and
(d) Establish and protect Washington state interests in the water resources of the Spokane River.
(3) In accordance with RCW 90.82.130(4), in developing this chapter ecology refers to the Middle Spokane water resource inventory area (WRIA 57) and Lower Spokane water resource inventory area (WRIA 54) watershed plan recommendations as a consideration in determining the public interest in water resource management for the Spokane River.
The plan recommendations were approved by the Spokane area watershed planning units. The joint watershed plan for the Middle Spokane watershed (WRIA 57) and the Little Spokane watershed (WRIA 55, which is not included in this rule) was adopted by Spokane County, Stevens County, and Pend Oreille County commissioners on January 31, 2006. The Lower Spokane (WRIA 54) watershed plan was adopted by Spokane County, Lincoln County, and Stevens County commissioners on October 22, 2009.
(4) This rule establishes ecology's policies to guide the protection, use, and management of Spokane River basin surface water and the SVRP aquifer within the boundary of the rule area. It protects existing water rights, establishes instream flows, and sets forth a program for the management and administration of future water allocation and use.
NEW SECTION
WAC 173-557-020 Applicability.
(1) This rule applies to the mainstem of the Spokane River and all surface water and groundwater within the boundary of the SVRP aquifer, as identified in U.S. Geological Survey Scientific Investigations Report 2007-5041. The map provided in WAC 173-557-110 is for informational purposes only. Hydrologic evidence of the SVRP aquifer determines applicability of this rule.
(2) This rule does not supersede the instream flow rule of the Little Spokane River (chapter 173-555 WAC), except where a proposed withdrawal is from waters in direct hydraulic continuity with the SVRP aquifer as determined by ecology. In the area where this rule and chapter 173-555 WAC overlap, the application of each rule shall be determined as follows:
(a) New water use from the Little Spokane River, its tributaries, and the shallow aquifer associated with the Little Spokane River and its tributaries shall be regulated under chapter 173-555 WAC; and
(b) New water use from the SVRP aquifer shall be regulated under chapter 173-557 WAC.
(3) Chapter 173-557 WAC applies to the use and appropriation of surface water and groundwater begun after the effective date of this chapter. This chapter shall not affect:
(a) Existing surface water and groundwater rights established prior to adoption of the state surface water and groundwater codes, or by water right permit authorized under state law, unless otherwise provided for in the conditions of the water right in question;
(b) Groundwater rights established under the groundwater permit-exemption in RCW 90.44.050 where regular beneficial use began before the effective date of this chapter; and
(c) Federal and tribal reserved rights.
(4) Changes to or transfers of existing rights are addressed in WAC 173-557-070.
NEW SECTION
WAC 173-557-030 Definitions.
"Appropriation" means the process of legally acquiring the right to use specific amounts of water for beneficial uses, consistent with the ground and surface water codes and other applicable water resource statutes.
"Consumptive use" means use of water that diminishes the volume or quality of the water source.
"Ecology" or "department" means the Washington state department of ecology.
"Hydraulically connected" means saturated conditions exist that allow water to move between surface water and groundwater, or between groundwater sources.
"Instream flow" means a stream flow level set in rule to protect and preserve fish, wildlife, scenic, aesthetic, recreational, water quality, and other environmental values; navigational values; and stock watering requirements. The term "instream flow" means "base flow" under chapter 90.54 RCW, "minimum flow" under chapters 90.03 and 90.22 RCW, and "minimum instream flow" under chapter 90.82 RCW.
"Mitigate" or "mitigated" means actions taken to offset adverse impacts by new water appropriations on senior water rights, including the instream flow levels set in WAC 173-557-050.
"Municipal water supplier" means an entity that supplies water for municipal water supply purposes as defined in RCW 90.03.015.
"Permit-exempt groundwater withdrawal" means a groundwater withdrawal exempted from ecology water right permitting requirements under RCW 90.44.050, but which is otherwise subject to the groundwater code and other applicable regulations.
"Stream management unit" means a stream segment, reach, or tributary used to describe the area to which a particular use, action, or instream flow level applies. Each of these units contains a control station. A map of the control stations is included in WAC 173-557-110.
"SVRP aquifer" means the Spokane Valley Rathdrum Prairie aquifer.
"U.S. Geologic Survey Scientific Investigations Report 2007-5041" refers to the hydrogeologic framework and groundwater budget of the Spokane Valley Rathdrum Prairie aquifer, Spokane County, Washington, and Bonner and Kootenai counties, Idaho; U.S. Geologic Survey Scientific Investigations Report 2007-5041 by Kahle, S.C., and Bartolino, J.R., 2007.
"Water resource inventory area (WRIA)" means one of the sixty-two areas designated by the state of Washington through chapter 173-500 WAC to delineate area boundaries within the state for water management purposes.
"Withdrawal" means the extraction and beneficial use of groundwater, or the diversion and beneficial use of surface water.
NEW SECTION
WAC 173-557-040 Stream management units.
Stream management units, control stations, and their application to surface water and groundwater withdrawals are established as shown in Table 1. Control stations are shown in the map in WAC 173-557-110.
Table 1
Stream Management Unit Information
Stream Management Unit Name and Control Station Gauge # |
Control Station by River Mile (RM); Latitude (Lat.), Longitude (Long.) |
Application to Surface Water and Groundwater Withdrawals |
Spokane River at Spokane USGS gauge #12422500 |
RM 72.9; 47.65983N, 117.44911W (NAD 83) |
Year-round instream flows for regulating surface water withdrawals from Sullivan Road bridge to Seven Mile bridge, and for regulating groundwater withdrawals within the boundary of the SVRP aquifer in Washington state |
Spokane River at Greenacres (Barker Road) USGS gauge #12420500 |
RM 90.5; 47.67740N, 117.15215W (NAD 83) |
June 16 - September 30 instream flows for regulating surface water withdrawals between the Idaho state line and Sullivan Road bridge |
NEW SECTION
WAC 173-557-050 Instream flows.
(1) The priority date of the instream flows established in this chapter is the effective date of this chapter.
(2) Instream flows, expressed in cubic feet per second (cfs), are shown in Table 2 of this section. Instream flows are monitored at the stream management control stations and apply to the stream management units described in WAC 173-557-040, Table 1.
Table 2
Instream Flows for the Spokane River
Spokane River at Spokane |
|
October 1 - March 31 |
1,700 cfs |
April 1 - June 15 |
6,500 cfs |
June 16 - September 30 |
850 cfs |
Spokane River at Greenacres (Barker Road) |
|
June 16 - September 30 |
500 cfs |
NEW SECTION
WAC 173-557-060 Future new uses of water.
(1) Instream flows established in this rule are water rights and shall be protected from impairment by:
(a) New water right permits approved by ecology after the effective date of this chapter; or
(b) Permit-exempt withdrawals established within the area regulated under this chapter after the effective date of this chapter.
(2) Based on the hydrogeology of the SVRP aquifer as described in U.S. Geologic Survey Scientific Investigations Report 2007-5041, ecology determines that surface water in the Spokane River and groundwater within the SVRP aquifer are hydraulically connected. New appropriations from the SVRP aquifer will be managed to protect the instream flows established in this rule.
(3) Within the area regulated under this rule, municipal water suppliers are the primary sources of water for new uses. If water is not available from a municipal water supplier, the consumptive use impacts to surface water from new permit-exempt groundwater withdrawals must be interrupted when stream flow is below the instream flows established in this rule, unless those impacts are mitigated. Mitigation must be achieved through an ecology-approved mitigation plan.
(4) The consumptive use impacts to surface water from water right permits approved by ecology after the effective date of this rule must be interrupted when stream flow is below the instream flows established in this rule, unless those impacts are mitigated. Water right permits approved by ecology after the effective date of this rule shall be conditioned to prohibit impairment of instream flows established in this rule.
NEW SECTION
WAC 173-557-070 Changes and transfers of existing water rights.
No changes to, or transfers of, existing surface water and groundwater rights in the area covered under this rule shall hereafter be granted if they conflict with the protection of the instream flow levels established in this chapter. Any change or transfer proposal can be approved only if there is a finding that existing rights, including the instream flows established in this chapter, will not be impaired.
NEW SECTION
WAC 173-557-080 Compliance and enforcement.
NEW SECTION
WAC 173-557-090 Appeals.
All final written decisions of ecology pertaining to water right permits, regulatory orders, and related water right decisions made pursuant to this rule are subject to appeal to the pollution control hearings board in accordance with chapter 43.21B RCW.
NEW SECTION
WAC 173-557-100 Regulation review.
Ecology, after consultation with local, tribal, and state governments, may initiate a review, and if necessary amend this chapter, following the procedures of chapter 34.05 RCW, if: Significant new scientific information becomes available; a significant change in conditions occurs; anadromous fish are reintroduced; a large storage project is proposed in the area affected by this rule; or statutory changes are enacted, that are determined by the department to require review of this rule.
NEW SECTION
WAC 173-557-110 Map of the rule area with control points.
In administering this chapter, hydrologic evidence of the SVRP aquifer as defined in WAC 173-557-020(1) determines applicability. The map in Figure 1 of this section, generally reflects the boundary of the SVRP aquifer and is provided for informational purposes only.
Figure 1 - Spokane River and Spokane Valley Rathdrum Prairie Aquifer—Rule Area and Control Stations
 |