PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 95-12-059.
Title of Rule: Chapter 173-548 WAC, Water resources program in the Methow River Basin, WRIA 48.
Purpose: Amend rule to establish trust water right water bank to assist with water management in the basin.
Statutory Authority for Adoption: Chapters 90.44, 90.54 RCW.
Statute Being Implemented: Chapter 90.54 RCW, Water Resources Act of 1971.
Summary: In early 1998, the Department of Ecology and Okanogan County signed a memorandum of agreement to work together, in conjunction with the Department of Fish and Wildlife and the Governor's Salmon Recovery Team, to cooperatively develop and implement an improved water resources management program for the Methow River Basin. As part of this agreement, ecology agreed to propose a rule amendment that would establish a water bank in the Methow Basin.
Reasons Supporting Proposal: While the basin's water is substantially renewed annually, there is not always water at the right place and time for all existing and proposed uses; the water bank would help address this situation.
Name of Agency Personnel Responsible for Drafting: John Monahan, Yakima, Washington, (509) 457-7112; Implementation and Enforcement: Bob Barwin, Yakima, Washington, (509) 457-7107.
Name of Proponent: Washington Department of Ecology and Okanogan County Commissioners, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Although water in the Methow River Basin is substantially renewed annually through rainfall and snowmelt, there is not always water at the right place and time for all existing and proposed uses. In early 1998, the Department of Ecology and Okanogan County signed a memorandum of agreement to work together, in conjunction with the Department of Fish and Wildlife and the Governor's Salmon Recovery Team, to cooperatively develop and implement an improved water resources management program to address the water situation in the basin.
As part of this agreement, ecology agreed to propose a rule amendment that would establish a trust water right "water bank" in the Methow Basin. The water bank would provide a means to account for water use and availability, and is perceived as a necessary step to assist with water management in the basin.
Proposal Changes the Following Existing Rules: The amendment would create a trust water right water bank in the Methow Basin (please see above for more background).
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment of chapter 173-548 WAC establishes an administrative entity, a water bank, which will provide a process for tracking and allocating water in the Methow River Basin. As such, the amendment does not materially add to the administrative requirements for obtaining water rights, building permits, or other development-related permits or approvals in the area. Its effects on small businesses are not expected to differ from those on large businesses.
RCW 34.05.328 does not apply to this rule adoption. This amendment is not a significant rule under RCW 34.05.328 because it is procedural in nature, creating an entity for tracking and allocating water, it does not create additional administrative requirements for the regulated community.
Hearing Location: The Barn, 51 North Highway 20, Winthrop, WA, on June 10, 1999, at 7:00 p.m. to 9:00 p.m.
Assistance for Persons with Disabilities: Contact Paula Smith by June 1, 1999, TDD (360) 407-6006, or (360) 407-6607.
Submit Written Comments to: Thom Lufkin, Water Resources Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, or e-mail at tlhw461.ecy.wa.gov, fax (360) 407-6574, by June 18, 1999.
Date of Intended Adoption: July 7, 1999.
April 20, 1999
Daniel Silver
Deputy Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-10 issue of the Register.