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Water Conservancy Boards (Conservancy Boards) are partners in processing water right changes in some areas of the state. A Conservancy Board is an independent unit of local government that is established through a resolution of the county or counties that it serves. A Conservancy Board can serve a single watershed, multiple watersheds, a county, or multiple counties. There are currently 21 Conservancy Boards operating in Washington.
A Conservancy Board has a variety of authorities as described in response to question No. 2, including the making of Records of Decision on applications to change/transfer a water right, and the maintenance of information regarding potential buyers and sellers of water rights. A Conservancy Board can acquire, purchase, hold, lease, occupy, and sell real and personal property or any interest in such property. It may enter into contracts, employ or appoint agents, employees and contractors to carry out the authority of the Conservancy Board.
A Conservancy Board may accept and process applications to change or transfer a water right under RCW (Revised Code of Washington) 90.03.380 (Water Code - 1917 Act, Right to water attaches to land...), 90.03.390 (Water Code - 1917 Act, Temporary changes...), and 90.44.100 (Regulation of Public Ground Waters, Amendment to permit or certificate -- Replacement or new additional wells). This includes change/transfer applications necessary to establish trust water rights. These statutes authorize a process through which a water right holder may modify an existing water right or, in some instances, a ground water permit. Additional detail of the water right change/transfer process is provided in answer to questions below.
Conservancy Boards may establish and maintain lists or other records related to willing sellers or potential lessors of water rights and those that are seeking to buy or lease a right. A Conservancy Board has no jurisdiction within the boundaries of a federal Indian reservation or to lands held in trust for an Indian band, tribe, or nation by the federal government.
Through frequent communication with the Department of Ecology (Ecology) and the accumulation of information through the processing of applications to change or transfer water rights, the value of a Conservancy Board to a local community is expected to increase through time and with experience.
A Conservancy Board authorized to serve a county area consists of either three or five commissioners appointed by the county legislative authority. Commissioners must be residents of the county(ies) of Conservancy Board jurisdiction or of an adjacent county. Commissioners serve staggered six-year terms. One commissioner must be a water right holder, while another must not be a water right holder. Existing Conservancy Boards must appoint a new member that is not a water right holder at the next expiration of the term of an incumbent commissioner, if all existing commissioners are water right holders. There is no specified prior experience or educational background requirement to serve on a Conservancy Board.
Many Conservancy Boards have elected to appoint an alternate member. An alternate is not a voting member of the Conservancy Board but may receive training from Ecology to be fully qualified in case a commissioner must resign. An alternate member cannot take the place of a commissioner on a temporary basis but must be appointed to a vacancy on the Conservancy Board by the county legislative authority prior to having standing as a board commissioner.
A Conservancy Board is an independently funded entity, which provides for funding as established by the Conservancy Board commissioners. A Conservancy Board may establish fees for the processing of applications to change or transfer water rights to fund the activities of the board. It may accept grants or other funding but does not have the power to impose a tax or acquire property through eminent domain.
There are a variety of terms that are used to describe various modifications of an existing water right. Some of these terms include “transfer," “change," and “amend." The Water Conservancy Board statute, Chapter 90.80 RCW, authorizes the Conservancy Boards to process applications for “transfers." Through amendments to that statute, the legislature has clarified the meaning of the term “transfer” as used in the context of Conservancy Boards.
"Transfer” means a transfer, change, amendment, or other alteration of a part or all of a water right authorized under RCW 90.03.380, 90.03.390, or 90.44.100. (RCW 90.80.010(6), Water Conservancy Boards, Definitions).
A Conservancy Board may change or transfer water rights that have been perfected and are documented by a state issued water right certificate or permit. In addition, a Conservancy Board may change a ground-water well location (point of withdrawal) or the manner or place of use of a ground-water right that has not been perfected. It can also change or transfer water right claims. The authority to change or transfer water right claims is limited by the authority to do so included within RCW 90.03.380, 90.03.390, and 90.44.100. The authority to change ground-water rights does not include water rights that are exempt from permit by RCW 90.44.050 (Regulation of Public Ground Waters, Permit to Withdraw). A water right change or transfer cannot enlarge the existing water right.
The transfers that Conservancy Boards may process include temporary or permanent transfers and changes to the point of diversion or withdrawal of water, the place of use of water, and the purpose of use.
An application to transfer a water right is made on an application form provided by Ecology. In addition to the form, the Conservancy Board may require additional information that they determine is necessary to process the application. The Conservancy Board will charge a fee for the review and processing of the application and will require fees for the filing of the application with Ecology.
Any person who previously filed an application for change or transfer with Ecology may make a request of a Conservancy Board with jurisdiction to process the application. The applicant should obtain a copy of the application and consult with the Conservancy Board with jurisdiction to ensure that they the interest and the current capacity to process the application. The Conservancy Board, if it elects to process the application, will request the complete file from Ecology.
A Conservancy Board is not required to process an application. If a Conservancy Board decides not to process an application, it must return the application to the applicant and inform the applicant that the application may be filed with Ecology. The Conservancy Board is also required to provide an explanation to Ecology as to why it has decided not to process the application. The Water Conservancy Board rule, Chapter 173-153 WAC, requires Conservancy Boards to collect the statutory examination fee (WAC 173-153-070, Water Conservancy Boards, Application for transfer of a water right).
The application is a standard form provided by Ecology. It requires that the applicant be named, that a contact address be provided, that a water right be identified, and that detail of the existing use of water under the water right be provided. The application also requires that the proposed transfers or changes to the water right be identified and that a map be provided illustrating the use of water. Information supporting the existence of the water right is also required. Conservancy Boards may supplement the standard application form as necessary for them to process the application.
There are fees associated with the filing of an application to change or transfer a water right with a Conservancy Board. A $10 examination fee that satisfies the statute regarding the filing of an application with Ecology is required (RCW 90.03.470, Water Code - 1917 Act, Schedule of Fees). Additionally, each Conservancy Board can set its own fee to reflect the expenses it estimates will cover the cost of processing an application. Currently, the fees charged by Conservancy Boards vary from $250 to $1,450 per application. Charges vary according to whether the Conservancy Board actually decides to process the application and the actual cost of processing. Consult the appropriate Conservancy Board to which an application would be filed for further information.
A Conservancy Board is subject to the Open Public Meetings Act, Chapter 42.30 RCW. Business conducted by the Conservancy Board must be through open public meetings. This includes the requirement that the Conservancy Board announce its meetings, keep minutes, and record the votes of commissioners. The Open Public Meetings Act applies to more than just meetings where the Conservancy Board makes final decisions. Deliberations, discussions, considerations, reviews, and evaluations conducted by a quorum of the Conservancy Board must also be done in an open public meeting. The public is allowed to attend any Conservancy Board meeting and the Conservancy Board may accept public comment. Even though a Conservancy Board appoints a chairperson from among the commissioners, each commissioner has an equal vote in the business of the board.
For a three-member Conservancy Board, a quorum for the conducting of business is the presence and participation of two commissioners. For a five-member Conservancy Board, a quorum is three participating commissioners. The adoption of a decision on an application to change or to transfer a water right requires agreement of a majority of the total membership of the Conservancy Board.
The records of a Conservancy Board are public documents and are subject to public records act. Each Conservancy Board is responsible to respond to public records requests in accordance with Chapter 42.17 RCW (Disclosure - Campaign Finances - Lobbying - Records). The obligation of a Conservancy Board to respond to public records requests regarding a particular application file transfers to Ecology after the Conservancy Board has completed its business on the application and has sent the original documents to Ecology.
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