Publication Summary

The Washington State Department of Ecology (Ecology) is proposing a new rule, Chapter 173-539A WAC, for the upper Kittitas County groundwater area. The rule is designed to minimize future adverse effects on flows in the Yakima River and its tributaries, while minimizing adverse effects on the local economy. This chapter puts in place permit-exempt well management measures identified in the Memorandum of Agreement (MOA) between Kittitas County and Department of Ecology. It creates a partial withdrawal of groundwater within upper Kittitas County by limiting the use of the groundwater exemption (RCW 90.44.050) for residential purposes.

Chapter 90.44 RCW regulates the use of groundwater of the state of Washington, and is supplemental to chapter 90.03 RCW, which regulates the use of surface waters of the state. The Legislature enacted Chapter 90.44.RCW to extend application of surface water statutes to the appropriation and beneficial use of groundwater within the state.

Ecology is developing and issuing this Small Business Economic Impact Statement (SBEIS) as part of its rule adoption process and to meet Chapter 19.85 RCW. Ecology intends to use the information in the SBEIS to ensure that the proposed rule is consistent with legislative policy.