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The Department of Ecology is proposing to amend Chapter 173-152 WAC, Water Rights, otherwise known as the “Hillis Rule.” This rule was adopted in 1998 in response to the Washington State Supreme Court decision in Hillis v Dept. of Ecology, 131 Wn.2d 373, 932 P.2d 139. The rule established the framework under which the department can provide for the organization of its work, prioritize basins to be assessed, conduct basin assessments, prioritize investigations of water right applications by geographic areas, and establish criteria for priority processing of applications for new water rights and applications for change or transfer of existing water rights.
Since 1998, new legislation and water issues have created new possibilities for water management. Until recently, the Water Resources Program was able to adjust within the allowances provided in the current Hillis Rule. However, the Program found that with the passage of Chapter 90.90 RCW, Columbia River Basin Water Supply, the Hillis Rule hindered the Program’s ability to achieve the intent of the new statute. Amending the rule is the best alternative to managing the workload.
The intent of the rule amendment is to better define Water Resources Program work organization and to bring the existing rule into compliance with statutory changes over the past eleven-plus years yet, continue to maintain agency compliance with the Washington State Supreme Court decision.
Open house sessions were held on October 26, 27 & 28 and November 3 & 4 throughout the state. We are now seeking input on elements of the draft rule amendment presented in a PowerPoint presentation given at the open house sessions. Please provide your suggestions and input to Janet Rajala by mid-November.
Copies of the draft rule language will be available for review by mid-December. At that time we will be seeking additional input on the draft language. After the rule amendment is filed with the Office of the Code Reviser, public hearings will be held in the same locations as the open house sessions for continuity of communication efforts. Ecology plans to involve local interest groups with one-on-one meetings and use paid advertisements to notify the public. Ecology will use all these public activities to clearly explain the updated rule and amended sections to interested parties.
Janet Rajala
Dept. of Ecology
4601 N. Monroe Street
Spokane WA 99205
Phone: (509) 329-3421
E-mail:
jaca461@ecy.wa.gov
Fax: (509) 329-3529
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
