WSR 97-01-119

ATTORNEY GENERAL OPINION

Cite as: AGO 1996 No. 19

[December 11, 1996]

water - department of ecology - department of health - cities - counties - districts - interpretation of legislation recognizing interties between public water supply systems.

1. The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public supply systems applies only to interties existing and in use on January 1, 1991.

2. Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use.

3. Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.



Bruce Miyahara, Secretary

Department of Health

P. O. Box 47890

Olympia, WA 98504-7890

Mary Riveland, Director

Department of Ecology

P.O. Box 47600

Olympia, WA 98504-7600

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