Title 508 WAC — Ecology, Department of (Water Resources) (See also Titles 173, 197, and 372)

Chapter 508-12 Administration of surface and groundwater codes.

Wash. Admin. Code § 508-12-010 Regulation of water right diversions—Personnel.

Regulation and control of waters according to rights thereto, shall be made through watermasters and stream patrolmen, or a staff member of the department of ecology. Chapter 90.08 RCW and RCW 43.21.130.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-010, filed 6/9/88
• Rule 1, filed 3/23/60. Formerly WAC 134-12-010.

Wash. Admin. Code § 508-12-020 Regulation of water right diversions—Regulation of unincorporated partnership ditches.

Watermasters shall not attempt to regulate water beyond the points of diversion from the natural stream on unincorporated partnership ditches. Such regulations may be carried on by ditch patrolmen as outlined under RCW 90.03.440. When approved by the department of ecology and water users a district watermaster may serve as a stream or ditch patrolman.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-020, filed 6/9/88
• Rule 2, filed 3/23/60. Formerly WAC 134-12-020.

Wash. Admin. Code § 508-12-030 Regulation of water right diversions—Controlling works—Measuring devices.

Where controlling works or measuring devices are not installed or maintained to the satisfaction of the department of ecology, proper notice shall be given to the owner to install or repair such controlling works or measuring device. This notice shall allow not less than ten days time to make necessary repairs or installations. In the event the work outlined in the notice is not completed in the specified time, the diversion shall be closed to further flow of water, until such time as the notice has been fully complied with.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-030, filed 6/9/88
• Rule 3, filed 3/23/60. Formerly WAC 134-12-030.

Wash. Admin. Code § 508-12-040 Regulation of water right diversions—Controlling works—Headgates.

Controlling works or headgates shall be so constructed that they can be regulated and locked in place by the watermaster or stream patrolman.

History

• Rule 4, filed 3/23/60. Formerly WAC 134-12-040.

Wash. Admin. Code § 508-12-050 Regulation of water right diversions—Closure of diversions.

The watermaster or a representative of the department of ecology, shall close such diversions for noncompliance by issuing an order.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-050, filed 6/9/88
• Rule 5, filed 3/23/60. Formerly WAC 134-12-050.

Wash. Admin. Code § 508-12-060 Regulation of water right diversions—Penalty for opening.

Any water user opening a diversion after it has been closed or posted, under the above rules, shall be guilty of a misdemeanor under chapter 90.03 RCW.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-060, filed 6/9/88
• Rule 6, filed 3/23/60. Formerly WAC 134-12-060.

Wash. Admin. Code § 508-12-080 Determination of existing rights to the use of water.

Upon the filing of a petition by one or more persons requesting the rights to the use of the waters of a stream or other source of water, the department of ecology shall conduct a reconnaissance survey for the purpose of determining whether or not the interests of the public can best be served by the adjudication of the individual rights thus involved. If an adjudication proceeding is instigated, the department of ecology shall determine the description of lands to be included as well as the record ownerships. Each owner and interested party will be made a party to the proceedings and a lis pendens will be filed with the county auditor. (RCW 90.03.110 and 90.03.120.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-080, filed 6/9/88
• Rule 8, filed 3/23/60. Formerly WAC 134-12-080.

Wash. Admin. Code § 508-12-090 Surface water appropriation procedure—Rights of way.

Permits secured through this office do not carry any right of way privileges. Right of way for diversion, storage or transmission facilities must be obtained by the permittee from the owner of the property on which such structure or ditch will be located, or by condemnation proceedings.

History

• Rule 9, filed 3/23/60. Formerly WAC 134-12-090.

Wash. Admin. Code § 508-12-100 Surface water appropriation procedure—Applications for permit—Forms.

Applications for permit to appropriate surface water shall be made on forms provided by the department of ecology. (Supplements paragraph 5, RCW 43.21.130.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-100, filed 6/9/88
• Rule 10, filed 3/23/60. Formerly WAC 134-12-100.

Wash. Admin. Code § 508-12-110 Surface water appropriation procedure—Number of applications.

It shall be the general rule that an application must be filed for each separate source of water. In special instances one application may cover more than one source of water such as, a group of springs in close relationship to each other and with no intervening property ownership; and, to divert from two or more streams whose confluence is upon lands of the applicant; and, where a common distribution system may be employed. The amount, point of diversion, and purpose of use from each source must be indicated in the application.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-110, filed 6/9/88
• Rule 11, filed 3/23/60. Formerly WAC 134-12-110.

Wash. Admin. Code § 508-12-120 Surface water appropriation procedure—Maps or sketches.

A map must accompany the application showing source of supply, point of diversion, tie to a legal land corner, and general plan of the proposed development. If for irrigation, it must clearly show the lands to be irrigated. For small projects, maps or sketches prepared by the applicant on forms provided by this office will be acceptable if legible and accurate. For larger projects, maps on any reasonable scale prepared by engineers in planning the project may be required. (Supplemental to RCW 90.03.260.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-120, filed 6/9/88
• Rule 12, filed 3/23/60. Formerly WAC 134-12-120.

Wash. Admin. Code § 508-12-130 Surface water appropriation procedure—Applications filed by nonowners.

Where the applicant is other than the legal owner or part owner of the land on which the water is to be used, the application shall bear the signature and address of the legal owner in addition to the signature of the applicant. (Supplements RCW 90.20.020.)

History

• Rule 13, filed 3/23/60. Formerly WAC 134-12-130.

Wash. Admin. Code § 508-12-140 Surface water appropriation procedure—Priority of application.

The priority of an application is established as of time and date received when accompanied by initial examination fee. In the case of governmental agencies, who are required to make payment by voucher, it shall be accepted as payment of initial fee when transmitted with the application.

History

• Rule 14, filed 3/23/60. Formerly WAC 134-12-140.

Wash. Admin. Code § 508-12-150 Surface water appropriation procedure—Affidavit of publication of notice.

An affidavit of publication of the notice of water right application executed by the publisher must be filed with the department of ecology as proof of due notice to the public. (RCW 90.03.280.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-150, filed 6/9/88
• Rule 15, filed 3/23/60. Formerly WAC 134-12-150.

Wash. Admin. Code § 508-12-160 Surface water appropriation procedure—No action on permits allowable prior to thirty days after last publication.

No action shall be taken toward issuance of a permit or granting a petition for change in point of diversion, purpose or place of use until thirty days after date of last publication of notice as provided in RCW 90.03.280 and 90.03.380. In all instances, RCW 90.03.470(12) shall apply.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-160, filed 6/9/88
• Rule 16, filed 3/23/60. Formerly WAC 134-12-160.

Wash. Admin. Code § 508-12-170 Surface water appropriation procedure—Protests or objections.

(1) Protests or objections to granting a permit or petition for change must be submitted within the prescribed thirty day period and must include a statement of the basis for said objections.

(2) All protests or objections will be thoroughly investigated by the department of ecology which may hold a meeting among the parties for fact-finding purposes.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-170, filed 6/9/88
• Rule 17, filed 3/23/60. Formerly WAC 134-12-170.

Wash. Admin. Code § 508-12-180 Surface water appropriation procedure—Amendments or transfers.

Applications for amendments or transfers shall be made on forms provided by the department of ecology. (Supplements RCW 90.03.380.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-180, filed 6/9/88
• Rule 18, filed 3/23/60. Formerly WAC 134-12-180.

Wash. Admin. Code § 508-12-190 Surface water appropriation procedure—Amendments as to source, quantity, etc.

(1) In the event an applicant or permittee should desire to amend the terms of his application or permit regarding source, quantity, point of diversion, purpose, or place of use, the procedure shall be as outlined in RCW 90.03.380 excepting that no certificate of change will issue but the amendments shall be incorporated in the terms of the permit.

(2) Amendment of a permit may be made without affecting priority, only after full consideration of the proposed changes in accordance with the provisions outlined in RCW 90.03.290.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-190, filed 6/9/88
• Rule 19, filed 3/23/60. Formerly WAC 134-12-190.

Wash. Admin. Code § 508-12-200 Surface water appropriation procedure—Division of land ownership before certificate issued.

Where a permit has been issued to a person and the land to which the water right is to become appurtenant has been divided before the issuance of a water right certificate, separate certificates may be issued to each holder of land with the proper share of the water allotted, providing assignments of each share are recorded with the department of ecology. (Supplements RCW 90.03.380.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-200, filed 6/9/88
• Rule 20, filed 3/23/60. Formerly WAC 134-12-200.

Wash. Admin. Code § 508-12-210 Surface water appropriation procedure—Seasonal permits.

Seasonal permits for change of point of diversion, purpose and/or place of use of water, shall be in writing and signed by the director of the department of ecology or a duly authorized representative. (RCW 90.03.390.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-210, filed 6/9/88
• Rule 21, filed 3/23/60. Formerly WAC 134-12-210.

Wash. Admin. Code § 508-12-220 Groundwater appropriation procedure—Applicability of foregoing rules.

The general application of rules numbered WAC 508-12-080 through 508-12-210 inclusive on surface water applications, shall also apply to the groundwater appropriation procedure.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-220, filed 6/9/88
• Rule 22, filed 3/23/60. Formerly WAC 134-12-220.

Wash. Admin. Code § 508-12-230 Groundwater appropriation procedure—Relative rights—Ground and surface water appropriators.

Where controversy arises over the relative rights as between ground and surface water appropriators, the basic law of "first in time, first in right" shall apply.

History

• Rule 23, filed 3/23/60. Formerly WAC 134-12-230.

Wash. Admin. Code § 508-12-240 Groundwater appropriation procedure—Where proposed construction is near surface water supply.

Where a proposed well is to be constructed near a lake, stream, or spring, which is heavily or fully appropriated, the department of ecology may specify a minimum distance between the well location and the surface water supply, or, require that the well casing be installed in such a manner as to insure a break in hydraulic continuity between the well and the shallow groundwaters contributing to the surface water supply.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-240, filed 6/9/88
• Rule 24, filed 3/23/60. Formerly WAC 134-12-240.

Wash. Admin. Code § 508-12-250 Groundwater appropriation procedure—Where wells penetrate artesian water zones.

Wells penetrating artesian water zones: RCW 90.44.070.

(1) Wells taking water from artesian zones shall contain water-tight casings from the ground surface down through and properly sealed into the confining layer.

(2) Issuance of permits to take water from an artesian zone shall not be stopped when existing wells penetrating said artesian zone no longer flow at ground surface; rather, a reasonable seasonal lowering of the water table will be permissible to more fully utilize the reservoir capacity of the aquifer.

(3) Where the waste of water through improperly constructed wells has been found and wasting of said water is depriving others of water to which they are entitled, or causing an unreasonable drop in the water table, or threatens permanent damage to the aquifer, the department of ecology shall direct the owner to make necessary repairs to correct the situation. (RCW 90.44.120.)

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-250, filed 6/9/88
• Rule 25, filed 3/23/60. Formerly WAC 134-12-250.

Wash. Admin. Code § 508-12-260 Reservoir permits—Where required.

A reservoir permit will be required whenever it is proposed to construct a barrier across a stream, channel, or water course, and which will actually retain for a beneficial use a portion of the annual runoff of the stream or water course. (For positive determination of the necessity of a reservoir permit, a reservoir shall be defined as any dam or dike storing water to a depth of ten or more feet at its deepest point, or one that is retaining ten or more acre-feet of water.) This will also apply to a reservoir adjacent to a stream channel when water will be required to fill the reservoir in addition to a constant diversion to keep it full.

History

• Rule 26, filed 3/23/60. Formerly WAC 134-12-260.

Wash. Admin. Code § 508-12-270 Reservoir permits—Limits on filling.

Unless otherwise specified, a reservoir permit will allow the permittee to fill the reservoir once annually and the permit shall specifically state the period during which the water may be used to fill the reservoir. If water in excess of one filling of the reservoir is required, a further application for the additional water must be filed.

History

• Rule 27, filed 3/23/60. Formerly WAC 134-12-270.

Wash. Admin. Code § 508-12-390 Enforcement.

In enforcement of this chapter, the department of ecology may impose such sanctions as are appropriate under authorities vested in it, including but not limited to the issuance of regulatory orders under RCW 43.27A.190 and civil penalties under RCW 90.03.600.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-390, filed 6/9/88.

Wash. Admin. Code § 508-12-400 Appeals.

All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-400, filed 6/9/88.

Wash. Admin. Code § 508-12-410 Regulation review.

The department of ecology shall initiate a review of the rules established in this chapter whenever new information, changing conditions, or statutory modifications make it necessary to consider revisions.

History

• Statutory Authority: Chapter 43.27A RCW. WSR 88-13-037 (Order 88-11), § 508-12-410, filed 6/9/88.

Chapter 508-14 Columbia Basin project—Groundwaters.

Wash. Admin. Code § 508-14-025 Authority.

This chapter is promulgated by the department of ecology pursuant to chapters 43.21, 43.21A, 43.27A, 90.03, 90.44, and 90.54 RCW.

History

• Statutory Authority: RCW 43.21A.060. WSR 86-04-058 (Order DE 86-02), § 508-14-025, filed 2/4/86.

Wash. Admin. Code § 508-14-030 Withdrawal of groundwaters—Permit required—Certain conditions and areas declared appropriate.

(1)(a) All who are acquainted with the state of Washington know of the Grand Coulee Dam and the Columbia Basin project. In 1943, the congress of the United States passed the Columbia Basin Project Act, 57 Stat. 14 (1943), 16 U.S.C. 835 (1958) so that waters made available by the dam for irrigation purposes could be beneficially used. The state's historical position, as set forth in both state legislation and executive statements, has been one of full cooperation with the federal government to insure that the project's purpose of settling and developing the agricultural lands within said project is realized.

(b) Under state law, subject to existing rights, all natural groundwaters of the state and all "artificially stored" groundwaters that have been abandoned or forfeited are public groundwaters available for appropriation as provided for in chapters 90.44 and 90.03 RCW.

(c) Beneath the surface of the lands within and adjoining the Columbia Basin project are large quantities of naturally occurring and artificially stored groundwater, the source, extent, volume and flow characteristics being generally known, but the depth being largely unknown.

(d) With the development of the Columbia Basin project, by the United States Department of the Interior, Bureau of Reclamation, the groundwater characteristics of the land within the project have, without doubt, undergone change, including a substantial commingling of natural and "artificially stored" groundwaters.

(e) Within the Columbia Basin project, but outside the Quincy groundwater management subarea, established by chapter 173-124 WAC, and the Odessa groundwater management subarea established by chapter 173-128A WAC, certain persons and entities presently claim interests in portions of these commingled waters.

(f) To insure that the public interest is protected as well as the interests of those claiming interests in said groundwaters and that at the same time public waters are, when appropriate, made available for beneficial use, this office, in carrying out its duties and obligations, deems it necessary to set forth certain interim policies which shall guide the department in granting authority to make withdrawal from these commingled waters until groundwater subareas are established under the procedures set forth in RCW 90.44.130.

(2)(a) Applications filed with the department of ecology pursuant to RCW 90.44.060 requesting permission to withdraw public groundwaters within the exterior boundaries of the Columbia Basin project underlying lands within the legal description described in subsection (3) of this rule shall be received, and permits issued if it appears to the department as a tentative conclusion that public groundwaters are available; however, all such permits shall be conditioned that if it is subsequently determined by the department that public waters are not available in the amounts authorized for withdrawal by such permits, the department shall, by order of notification, withdraw or modify the authority granted therein as may be appropriate.

(b) No certificates of water right as provided for in RCW 90.44.080, relating to public groundwaters underlying lands described in the following subsection (3), shall be issued by the department until such time as a more definite determination can be reached as to the availability of public waters.

(3) Beginning at the northwest corner of Sec. 14, T. 17 N., R. 23 E.W.M.; thence south about 3 miles to the northwest corner of Sec. 35, said township and range; thence east about 1 mile to the northeast corner of said Sec. 35; thence south about 1 mile to the southeast corner of said Sec. 35; thence west about 1 mile to the southwest corner of said Sec. 35; thence south about 4 miles to the southwest corner of Sec. 23, T. 16 N., R. 23 E.W.M.; thence east about 1 mile to the southeast corner of said Sec. 23; thence south 25° west about 2.5 miles to the point of intersection of the westerly right of way for State Highway No. 243 and the south bank of Lower Crab Creek, said point being situated approximately 3700 feet south and 400 feet west from the NE corner of Sec. 3, T. 15 N., R. 23 E.W.M., thence southerly along western highway right of way boundary about 7.5 miles to the NW corner of Sec. 14, T. 14 N., R. 23 E.W.M., thence east about 0.5 mile to the N 1/4 corner of Sec. 14, thence south about 1.0 mile to the S 1/4 corner of Sec. 14, thence east 0.5 mile to SE corner of Sec. 14, thence south about 1.0 mile to SE corner of Sec. 23, thence west about 0.5 mile to the westerly right of way boundary of State Highway No. 243, thence southeasterly about 1.0 mile along westerly right of way to the SW corner of Sec. 25, T. 14 N., R. 23 E.W.M., thence east about 2 miles to the SE corner of Sec. 30, T. 14 N., R. 24 E.W.M., thence south about 1 mile to the SW corner of Sec. 32, thence east to SE corner of Sec. 32, thence south about 0.5 mile to the W 1/4 corner of Sec. 4, T. 13 N., R. 24 E.W.M., thence east about 1.5 miles to the center of Sec. 3, thence south about 1.25 miles to the boundary line between Grant and Benton counties, in the Columbia River; thence downstream, southerly and easterly, along said boundary line and the boundary line between Grant and Benton counties, about 16.5 miles, to intersection of said county boundary line with the south line of Sec. 1, T. 14 N., R. 26 E.W.M.; thence east about 4.1 miles to the northwest corner of Sec. 11, T. 14 N., R. 27 E.W.M.; thence south about 2 miles to the southwest corner of Sec. 14, said township and range; thence east about 2 miles to the northwest corner of Sec. 19, T. 14 N., R. 28 E.W.M.; thence south about 1 mile to the southwest corner of said Sec. 19; thence east about 5 miles to the northeast corner of Sec. 26, said township and range; thence south about 2 miles to the southeast corner of Sec. 35, said township and range; thence west about 1.5 miles to intersection with the north-south centerline of Sec. 34, said township and range; thence north along said centerline to intersection with the north line of said Sec. 34; thence west about 7 miles to intersection with the boundary between Franklin and Benton counties, in the Columbia River, and the north line of Sec. 33, T. 14 N., R. 27 E.W.M.; thence downstream, southerly, about 29.25 miles to intersection with the eastwest centerline of Sec. 11, T. 9 N., R. 28 E.W.M.; thence east along contiguous section eastwest centerlines about 12.75 miles to the center of Sec. 12, T. 9 N., R. 30 E.W.M.; thence south 2° west about 3.17 miles to the north bank of Lake Wallula; thence northeasterly along said bank to a point about 1.38 miles south of the northwest corner of Sec. 19, T. 9 N., R. 31 E.W.M.; thence north about 1.38 miles to said northwest corner of Sec. 19; thence easterly along the north line of said Sec. 19 and of Sec. 20 about 1.85 miles to the northeast corner of said Sec. 20; thence north about 9 miles to the southeast corner of Sec. 32, T. 11 N., R. 31 E.W.M.; thence west about 1 mile to the southwest corner of said Sec. 32; thence north about 6 miles to the southeast corner of Sec. 31, T. 12 N., R. 31 E.W.M.; thence west about 0.73 mile to the southwest corner of said Sec. 31; thence north about 6 miles to the northwest corner of Sec. 6, T. 12 N., R. 31 E.W.M.; thence north 45° east about 4 miles to the southeast corner of Sec. 10, T. 13 N., R. 31 E.W.M.; thence west about 4 miles to the southwest corner of Sec. 7, T. 13 N., R. 31 E.W.M.; thence north about 7.75 miles to the centerline of the East Low Canal; thence northerly along said canal centerline about 16.5 miles to intersection with the north line of Sec. 17, T. 17 N., R. 30 E.W.M.; thence west about 3 miles to the northwest corner of Sec. 13, T. 17 N., R. 29 E.W.M.; thence south about 1 mile to the southwest corner of said Sec. 13; thence west about 9 miles to the northwest corner of Sec. 21, T. 17 N., R. 28 E.W.M.; thence south about 1 mile to the southwest corner of said Sec. 21; thence west about 15 miles to the southwest corner of Sec. 24, T. 17 N., R. 25 E.W.M.; thence north about one mile to the northwest corner of said Sec. 24; thence west about 9 miles to the southeast corner of Sec. 17, T. 17 N., R. 24 E.W.M.; thence north about 1 mile to northeast corner of said Sec. 17; thence west about 4 miles to the northwest corner of Sec. 14, T. 17 N., R. 23 E.W.M., said point being the point of beginning.

History

• Statutory Authority: RCW 43.21A.060. WSR 86-04-058 (Order DE 86-02), § 508-14-030, filed 2/4/86
• Order DE 74-34, § 508-14-030, filed 12/30/74.

Wash. Admin. Code § 508-14-040 Appeals.

All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.

History

• Statutory Authority: Chapters 43.21A, 43.27A and 90.44 RCW. WSR 88-13-037 (Order 88-11), § 508-14-040, filed 6/9/88.

Wash. Admin. Code § 508-14-050 Regulation review.

The department of ecology shall initiate a review of the rules established in this chapter whenever new information, changing conditions, or statutory modifications make it necessary to consider revisions.

History

• Statutory Authority: Chapters 43.21A, 43.27A and 90.44 RCW. WSR 88-13-037 (Order 88-11), § 508-14-050, filed 6/9/88.