Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-153 - Water conservancy boards
Section 173-153-130 - How are records of decision and reports of examination made by a water conservancy board?
Current through Register Vol. 24-06, March 15, 2024
(1) Records of decision and reports of examination are adopted by a majority vote of a board, pursuant to RCW 90.80.070(4). A board's record of decision and report of examination must be in writing, and the record of decision and report of examination become part of the public record.
(2) When a board proposes to deny an application, in whole or in part, the board must issue to both the applicant and ecology a record of decision and report of examination denying the transfer, or a portion of the transfer, subject to review and final determination by ecology.
(3) When a board proposes to approve an application, the board must issue to both the applicant and ecology a record of decision and a report of examination approving the transfer, subject to review and final approval by ecology.
What is included in a record of decision?
(4) The record of decision must be prepared on a form provided by ecology and identified as the Record of Decision, form number 040-105, and must include the conclusion of the board as to whether the application is denied or approved and a record of the individual vote or abstention of each participating commissioner or that a commissioner has recused him or herself.
What is included in a report of examination?
(5) It is the responsibility of the water conservancy board to ensure that all relevant issues identified during its evaluation of the application, or which are raised by any commenting party during the board's evaluation process, are thoroughly evaluated and discussed in the board's deliberations. These discussions must be fully documented in the report of examination.
(6) The report of examination will consist of a form provided by ecology and identified as Water Conservancy Board Report of Examination, form number 040-106, documenting and summarizing the basic facts associated with the decision. This shall include:
(7) Ecology may request additional information from the water conservancy board regarding the application and the board's decision, in addition to the requirements of subsection (6) of this section.
(8) A board's record of decision must clearly state that the applicant is not permitted to proceed to act on the proposal until ecology makes a final decision affirming, in whole or in part, the board's recommendation. However, if ecology does not act on a board's recommendation within the time frame established in RCW 90.80.080, the applicant is allowed to initiate the water right transfer pursuant to the board's record of decision after that period of time has expired. It is advised that the applicant not proceed until the appeal period of ecology's decision is complete, in compliance with WAC 173-153-180.
Statutory Authority: RCW 90.80.040. 06-18-102 (Order 05-18), § 173-153-130, filed 9/6/06, effective 10/7/06; 03-01-039 (Order 01-13), § 173-153-130, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. 99-23-101 (Order 98-11), § 173-153-130, filed 11/17/99, effective 12/18/99.