Publication Summary

In 1997 the Legislature authorized the creation of Water Conservancy Boards (boards) through chapter 90.80 RCW. The statute authorizes boards to process water right transfer applications and make records of decision on the proposed applications. The Department of Ecology (Ecology) maintains final review authority of the records of decision and issues administrative orders to affirm, modify, or reverse the records of decision. Ecology′s administrative order is appealable to the Pollution Control Hearings Board (PCHB). In 1998 Lewis and Benton Counties created the first two water conservancy boards. These two boards operated under a pilot (or draft) rule developed by Ecology. The boards then provided feedback to Ecology as it worked toward the adoption of a permanent rule. Chapter 173-153 WAC was subsequently adopted in November 1999. The Legislature significantly amended the water conservancy board statute in 2001. As a result of the amendments some sections of the rule became obsolete or partially ineffective. An operational guidance document was developed by Ecology as interim guidance to boards, counties, and interested parties.