Current through Register Vol. 24-06, March 15, 2024
The department will organize and manage the daily workload as
established in subsections (1) through (6) of this section for applications
processed under chapter 90.90 RCW.
(1)
The department implements chapter 90.90 RCW in counties or portions of counties
in the central, eastern, and southwest regional offices, as shown in the map by
counties on map B.
(2) The
department processes the following types of applications under chapter 90.90
RCW:
(a) New applications proposing to divert
surface water from the Columbia River between the border of the United States
and Canada and the Bonneville Dam.
(b) New applications proposing to divert
surface water from the Lower Snake River downstream of Lower Monumental
Dam.
(c) New applications
associated with a voluntary regional agreement proposing to divert or withdraw
water from the Columbia River mainstem or Lower Snake River mainstem.
(d) New applications proposing to divert
surface water within the Columbia River basin for storage or net water savings
funded in whole or in part by the Columbia River account.
(e) New applications proposing to withdraw
groundwater within the Columbia River basin for storage or net water savings
funded in whole or in part by the Columbia River account where the proposed
well(s) and use(s) can be mitigated using the same source as that of the
withdrawal.
(f) Applications for
water rights and trust water within the Columbia River basin associated with a
project funded by the Columbia River account.
(3) Criteria for selecting a water source for
processing new applications from water supplies developed in whole or in part
by the department include, but are not limited to:
(a) The priorities outlined in
RCW
90.90.020(3).
(b) The funding agreements and environmental
reviews used to develop a project.
(c) The number and age of pending
applications, and the quantities of water requested.
(d) Existence of distressed or endangered
fish stocks.
(e) The location of
the source to be developed.
(f)
Whether the place of use must stay within the WRIA as limited under
RCW
90.90.010(2)(a).
(4) The department may, based on
the criteria identified in subsection (3) of this section, conduct
investigations and make decisions on one or more applications for the use of
water from the same water source. The department may investigate more than one
water source at the same time.
(5)
When numerous applications for water from the same water source are
investigated, the department may make decisions on one or more water right
applications in the order in which the applications are received, except as
allowed under
RCW
90.03.380(5)(c), and except
as provided for in subsection (4) of this section and WAC
173-152-050.
(6) For purposes of chapter 90.90 RCW, if the
water source developed is:
(a) On the Columbia
River between Bonneville Dam and Canada, the department will collectively
process the following applications in the order in which the applications are
received, except as allowed under
RCW
90.03.380(5)(c), and except
as provided for in WAC
173-152-050:
(i) All new surface water applications within
the same pool and downstream of the developed source of supply.
(ii) All new groundwater applications where
the proposed well(s) can be mitigated using the same source as that of the
withdrawal.
(iii) Applications for
change or transfer or trust water applications associated with development of
the source if funded by the Columbia River account.
(b) On the Snake River downstream of Lower
Monumental Dam, the department will collectively process the following
applications in the order in which the applications are received, except as
allowed under
RCW
90.03.380(5)(c), and except
as provided for in WAC
173-152-050:
(i) All new surface water applications within
the same pool and downstream of the developed source of supply.
(ii) All new groundwater applications where
the proposed well(s) can be mitigated by the developed source of
supply.
(iii) Applications for
change or transfer or trust water applications associated with development of
the source if funded by the Columbia River account.
(c) On the Columbia River mainstem or Lower
Snake River mainstem under a voluntary regional agreement, the department will
collectively process the following applications in the order in which the
applications are received, except as allowed under
RCW
90.03.380(5)(c), and except
as provided for in WAC
173-152-050:
(i) All new surface water applications within
the same pool and downstream of the developed source of supply.
(ii) All new groundwater applications within
one mile of the high water mark where the proposed well(s) can be mitigated
using the same source as that of the withdrawal.
(iii) Applications for change or transfer to
trust water applications associated with development of the source if funded by
the Columbia River account.
(d) On a tributary in the Columbia River
basin for a source of supply developed using Columbia River account funds, the
department will collectively process the following applications in the order in
which the applications are received, except as allowed under
RCW
90.03.380(5)(c), and except
as provided for in WAC
173-152-050:
(i) All new downstream tributary surface
water applications.
(ii) All new
surface water applications on the Columbia River within the same pool and
downstream of the developed source of supply.
(iii) All new groundwater applications within
the Columbia River basin where the proposed well(s) can be mitigated using the
same source as that of the withdrawal.
(iv) Applications for change or transfer or
trust water applications associated with development of the source if funded by
the Columbia River account.
(e) Upstream of Lower Monumental Dam or on a
tributary to the Lower Snake River for a source of supply developed using
Columbia River account funds, the department will collectively process the
following applications in the order in which the applications are received,
except as allowed under
RCW
90.03.380(5)(c), and except
as provided for in WAC
173-152-050:
(i) All new downstream tributary surface
water applications.
(ii) All new
surface water applications on the Lower Snake and Columbia rivers within the
same pool and downstream of the developed source of supply.
(iii) All new groundwater applications within
the Lower Snake and Columbia river basins where the proposed well(s) can be
mitigated using the same source as that of the withdrawal.
(iv) Applications for change or transfer or
trust water applications associated with development of the source if funded by
the Columbia River account.
(f) In the Columbia River basin using funds
from the Columbia River account through acquisition or transfer of water rights
in accordance with
RCW
90.90.010(2)(a), the
department will collectively process the following applications in the order in
which the applications are received, except as allowed under
RCW
90.03.380(5)(c), and except
as provided for in WAC
173-152-050:
(i) All new downstream tributary surface
water applications within the same WRIA.
(ii) All new surface water applications on
the Lower Snake or Columbia rivers within the same WRIA.
(iii) All new groundwater applications where
the proposed well(s) can be mitigated using the same source as that of the
withdrawal within the same WRIA.
(7) The department will consider each
application individually under the requirements of
chapters
90.03, 90.38, 90.42, and
90.44 RCW.
(8) Before expediting an application for new
storage pursuant to WAC
173-152-050(3),
the department shall provide written notification to:
(a) County legislative authorities.
(b) Watershed planning groups with
jurisdiction in the location of the reservoir.
(c) The department of fish and
wildlife.
(d) Affected tribal
governments and federal agencies.
(9) Any notified entity identified in
subsection (7) of this section may raise concerns, either verbally or in
writing, to the department about the department's decision how to prioritize an
application. The concern must be raised within thirty calendar days of
receiving the department's notification. The department will consider the
concerns as it processes the application.
Statutory Authority:
RCW
43.21A.064(9),
43.27A.090(11),
chapters
90.03,
90.44,
90.54, and 90.82 RCW. 11-01-126
(Order 09-05), § 173-152-035, filed 12/20/10, effective
1/20/11.