Certified Water Right Examiner Rule

This page is maintained as an archive of rule activity and is not being updated

Chapter 173-165 WAC, Certified water right examiners

Rule text for WAC 173-165

Rule making

On November 28, 2012, Ecology Director Ted Sturdevant signed an administrative rule to implement the Certified Water Right Examiner (CWRE) program authorized under RCW 90.03.665.  The statewide rule, Chapter 173-165 WAC, creates the program that is the result of 2010 legislation that authorizes the use of contractors to complete the final proof examination to qualify water users for water right certificates.  The rule went into effect on December 29, 2012.

Water users will benefit from the program because water right permits and change authorizations can be certified sooner.  Water users supporting the proposed rule include cities, public utility districts, and the agricultural community.

The elements of the rule are:

Rule Documents

Rule adoption documents for Chapter 173-165 WAC - includes links to all rule documents: CR-101 to 103, Adopted rule text, Final cost benefit analysis, Small business economic impact statement, Concise explanatory statement and response to comments, Rule implementation plan, and Rule adoption notice.

More Information

Public Hearings and Comment Period

Public hearings were held at the four Ecology Regional Offices between July 16 and July 19, 2012.  The address for the public hearing that was held at Ecology’s Northwest Regional Office on July 16, 2012 was listed incorrectly.  Therefore, Ecology held a second public hearing at that location on September 25, 2012 to assure that all interested parties had the opportunity to testify on the proposed rule.  Ecology also extended the comment period to October 2, 2012.

All of the comments we received will become part of the official record.  We will publish responses to comments in a document called a Concise Explanatory Statement (CES).  The CES is required by the Administrative Procedure Act (RCW 34.05) and will be available after the rule is adopted.  You will find your name listed in the document with a reference to where, in the document, Ecology responded to your comments.

 Rule Workshops

Ecology held workshops on rule development for the Certified Water Right Examiner Program in Lacey, WA on June 15, 2011, and Moses Lake, WA on June 23, 2011.


Rebecca Inman
Water Resources Program
360 407-6450