WSR 26-12-038
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 24-09—Filed May 27, 2026, 2:33 p.m., effective June 27, 2026]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Washington's streamflow restoration law (RCW
90.94.030) requires the department of ecology (ecology) to conduct rule making after the adoption of watershed restoration plans. These plans were adopted on December 17, 2024.
We are adopting the requirements in RCW
90.94.030(4) into chapters 173-507, 173-508, 173-513, 173-514, and 173-515 WAC to fulfill our obligation under the streamflow restoration law.
These requirements have been in statute since 2018 and are now being incorporated into each chapter so that these important requirements don't sunset.
Citation of Rules Affected by this Order: Amending chapters 173-507, 173-508, 173-513, 173-514, and 173-515 WAC, instream resource protection program.
Statutory Authority for Adoption: RCW
90.94.030 (3)(h).
Other Authority: Ecology has completed an environmental justice assessment in accordance with RCW
70A.02.060 as a part of this rule making.
Adopted under notice filed as WSR 25-23-063 on November 18, 2025.
A final cost-benefit analysis is available by contacting Department of Ecology, Water Resources Program, P.O. Box 47600, Olympia, WA 98504, phone 360-407-6000, Washington relay service or TTY call 711 or 877-833-6341, email wrrulemaking@ecy.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 27, 2026.
Casey D. Sixkiller
Director
RDS-6355.2
NEW SECTION
WAC 173-507-045Permit-exempt wells for domestic uses.
(1) The requirements and limits in this section apply to permit-exempt domestic wells constructed after the effective date of this rule. For the purpose of this section, "permit-exempt domestic wells" means wells for groundwater withdrawals exempt from permitting under RCW
90.44.050 for domestic use.
(2) A city or county issuing a building permit under RCW
19.27.097 (1)(d), or approving a subdivision under chapter
58.17 RCW in this water resource inventory area must:
(a) Record relevant restrictions or limitations associated with water supply with the property title;
(b) Collect applicable fees, as described in subsection (3) of this section;
(c) Record the number of building permits issued under chapter
19.27 RCW or subdivision approvals issued under chapter
58.17 RCW subject to the provisions of this section;
(d) Annually transmit to the department $350 of each fee collected under this section;
(e) Annually transmit to the department an accounting of building permits and subdivision approvals subject to the provisions of this section.
(3) Consistent with the provision of this section, an applicant for a building permit shall:
(a) Pay a fee of $500 to the permitting authority;
(b) Limit withdrawals to a maximum annual average withdrawal of 950 gallons per day per connection; and
(c) Manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or by following stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(4) Upon the issuance of a drought emergency order under RCW
43.83B.405, the department may curtail withdrawal of groundwater exempt from permitting under RCW
90.44.050 and approved under this section to no more than 350 gallons per day per connection for indoor use only. Notwithstanding the limitation of this section, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order.
RDS-6356.2
NEW SECTION
WAC 173-508-075Permit-exempt wells for domestic uses.
(1) The requirements and limits in this section apply to permit-exempt domestic wells constructed after the effective date of this rule. For the purpose of this section, "permit-exempt domestic wells" means wells for groundwater withdrawals exempt from permitting under RCW
90.44.050 for domestic use.
(2) A city or county issuing a building permit under RCW
19.27.097 (1)(d), or approving a subdivision under chapter
58.17 RCW in this water resource inventory area must:
(a) Record relevant restrictions or limitations associated with water supply with the property title;
(b) Collect applicable fees, as described in subsection (3) of this section;
(c) Record the number of building permits issued under chapter
19.27 RCW or subdivision approvals issued under chapter
58.17 RCW subject to the provisions of this section;
(d) Annually transmit to the department $350 of each fee collected under this section;
(e) Annually transmit to the department an accounting of building permits and subdivision approvals subject to the provisions of this section.
(3) Consistent with the provisions of this section, an applicant for a building permit shall:
(a) Pay a fee of $500 to the permitting authority;
(b) Limit withdrawls to a maximum annual average withdrawal of 950 gallons per day per connection; and
(c) Manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or by following stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(4) Upon the issuance of a drought emergency order under RCW
43.83B.405, the department may curtail withdrawal of groundwater exempt from permitting under RCW
90.44.050 and approved under this section to no more than 350 gallons per day per connection for indoor use only. Notwithstanding the limitation of this section, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order.
Reviser's note: The spelling 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. RDS-6357.2
NEW SECTION
WAC 173-513-065Permit-exempt wells for domestic uses.
(1) The requirements and limits in this section apply to permit-exempt domestic wells constructed after the effective date of this rule. For the purpose of this section, "permit-exempt domestic wells" means wells for groundwater withdrawals exempt from permitting under RCW
90.44.050 for domestic use.
(2) A city or county issuing a building permit under RCW
19.27.097 (1)(d), or approving a subdivision under chapter
58.17 RCW in this water resource inventory area must:
(a) Record relevant restrictions or limitations associated with water supply with the property title;
(b) Collect applicable fees, as described in subsection (3) of this section;
(c) Record the number of building permits issued under chapter
19.27 RCW or subdivision approvals issued under chapter
58.17 RCW subject to the provisions of this section;
(d) Annually transmit to the department $350 of each fee collected under this section;
(e) Annually transmit to the department an accounting of building permits and subdivision approvals subject to the provisions of this section.
(3) Consistent with the provision of this section, an applicant for a building permit shall:
(a) Pay a fee of $500 to the permitting authority;
(b) Limit withdrawls to a maximum annual average withdrawal of 950 gallons per day per connection; and
(c) Manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or by following stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(4) Upon the issuance of a drought emergency order under RCW
43.83B.405, the department may curtail withdrawal of groundwater exempt from permitting under RCW
90.44.050 and approved under this section to no more than 350 gallons per day per connection for indoor use only. Notwithstanding the limitation of this section, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order.
Reviser's note: The spelling 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. RDS-6358.2
NEW SECTION
WAC 173-514-055Permit-exempt wells for domestic uses.
(1) The requirements and limits in this section apply to permit-exempt domestic wells constructed after the effective date of this rule. For the purpose of this section, "permit-exempt domestic wells" means wells for groundwater withdrawals exempt from permitting under RCW
90.44.050 for domestic use.
(2) A city or county issuing a building permit under RCW
19.27.097 (1)(d), or approving a subdivision under chapter
58.17 RCW in this water resource inventory area must:
(a) Record relevant restrictions or limitations associated with water supply with the property title;
(b) Collect applicable fees, as described in subsection (3) of this section;
(c) Record the number of building permits issued under chapter
19.27 RCW or subdivision approvals issued under chapter
58.17 RCW subject to the provisions of this section;
(d) Annually transmit to the department $350 of each fee collected under this section;
(e) Annually transmit to the department an accounting of building permits and subdivision approvals subject to the provisions of this section.
(3) Consistent with the provision of this section, an applicant for a building permit shall:
(a) Pay a fee of $500 to the permitting authority;
(b) Limit withdrawls to a maximum annual average withdrawal of 950 gallons per day per connection; and
(c) Manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or by following stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(4) Upon the issuance of a drought emergency order under RCW
43.83B.405, the department may curtail withdrawal of groundwater exempt from permitting under RCW
90.44.050 and approved under this section to no more than 350 gallons per day per connection for indoor use only. Notwithstanding the limitation of this section, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order.
Reviser's note: The spelling 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. RDS-6359.2
NEW SECTION
WAC 173-515-065Permit-exempt wells for domestic uses.
(1) The requirements and limits in this section apply to permit-exempt domestic wells constructed after the effective date of this rule. For the purpose of this section, "permit-exempt domestic wells" means wells for groundwater withdrawals exempt from permitting under RCW
90.44.050 for domestic use.
(2) A city or county issuing a building permit under RCW
19.27.097 (1)(d), or approving a subdivision under chapter
58.17 RCW in this water resource inventory area must:
(a) Record relevant restrictions or limitations associated with water supply with the property title;
(b) Collect applicable fees, as described in subsection (3) of this section;
(c) Record the number of building permits issued under chapter
19.27 RCW or subdivision approvals issued under chapter
58.17 RCW subject to the provisions of this section;
(d) Annually transmit to the department $350 of each fee collected under this section;
(e) Annually transmit to the department an accounting of building permits and subdivision approvals subject to the provisions of this section.
(3) Consistent with the provision of this section, an applicant for a building permit shall:
(a) Pay a fee of $500 to the permitting authority;
(b) Limit withdrawals to a maximum annual average withdrawal of 950 gallons per day per connection; and
(c) Manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or by following stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(4) Upon the issuance of a drought emergency order under RCW
43.83B.405, the department may curtail withdrawal of groundwater exempt from permitting under RCW
90.44.050 and approved under this section to no more than 350 gallons per day per connection for indoor use only. Notwithstanding the limitation of this section, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order.