Publication Summary

This document summarizes comments received at public hearings regarding amendments to Chapter 173-153 WAC.

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. Chapter 173-153 WAC was amended and became effective January 9, 2003.

During the 2004 legislative session to the legislature amended chapter 90.80 RCW that had an effect on portions of this rule. Substitute House Bill 2307, Chapter 104, Session Laws of 2004 entitled Water Conservancy Board – Commissioner Eligibility provided a definition of a "water right holder" for the purpose of determining representation requirements of board commissioners. This definition provides additional criteria for defining a water right holder to the definition currently contained within the rule. Engrossed Substitute Senate Bill 6125, Chapter 10, Session laws of 2004 entitled Water Conservancy Board – Alternate defined the position of "Alternate Board Commissioner" and authorized certain conditions under which an alternate may serve in place of an absent commissioner. The adopted definition and conditions for service as an alternate commissioner differ from those contained within the rule proposed to be amended.

During the 2005 legislative session, the legislature amended RCW 90.03.470, Schedule of Fees. Engrossed Substitute House Bill 2309, Session Laws of 2005, entitled Water Right Fees, modified the fees associated with the examination of water right change applications and eliminated the collection of a fee paid to Ecology for applications for change if the application is filed with a water conservancy board. The proposed rule amendment eliminates the collection of a fee by water conservancy boards to be forwarded to Ecology and clarifies other application processing issues related to a departmental fee within the rule.

Additionally, the rule amendments clarify processes related to reporting and documentation requirements and evaluation criteria for the training credit of commissioners during their term of service. The need to clarify certain processes and procedures has been identified through experience working under the existing rule.

There are currently 21 existing boards throughout the state. Five of those boards are on the West side and 16 are on the East side of the state.