WSR 99-21-100

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 99-25-- Filed October 20, 1999, 11:22 a.m. ]

Subject of Possible Rule Making: Chapter 173-537 WAC, Water resources management program for the Yakima River Basin, Water Resource Inventory Areas 37, 38 and 39. This rule proposal would withdraw the unappropriated ground waters of the Yakima River Basin from further appropriation until completion of a comprehensive study of the ground water hydrology of the basin, or for a five-year period if the study is not completed by the end of five years.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 90.54.050 and 34.05.240.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule is necessary to protect the water resource during the period that the hydrologic study mentioned above is taking place. The study itself will provide vital information that will allow ecology and entities involved in the Yakima watershed planning process to determine the likely effects of further appropriation of ground water from the Yakima River Basin on existing water rights and environmental sustainability.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are federal, tribal, state, regional and local entities with important regulatory and planning roles in the Yakima Basin; ecology will coordinate as closely as possible with them in developing and adopting the rule. They include the United States Bureau of Reclamation, National Marine Fisheries Service, Yakama Nation, Washington Department of Fish and Wildlife, Benton, Kittitas and Yakima counties, and the Tri-County Water Resource Agency. Before proposing the rules, ecology must consult with standing committees of the state house and senate with jurisdiction over water resource issues.

Process for Developing New Rule: This will be a conventional rule-making process, with at least one public workshop prior to proposing the rules and at least one public hearing on the rule proposal. Ecology will make a substantial effort to involve the public in discussions regarding the issues involved in this proposal. Ecology will consult with the standing legislative committees of the house and senate with jurisdiction over water resource issues prior to proposing specific rule language.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. For information regarding the administrative aspects of the rule (e.g., schedule of adoption, etc.) please contact Thom Lufkin at (360) 407-6631 or by e-mail at tlhw461@ecy.wa.gov, or by mail at Water Resources Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

October 20, 1999

Daniel J. Silver

Deputy Director

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