(1) Yes. The department may modify the reporting requirements in WAC 173-173-060 of this chapter if it concludes that different reporting requirements are necessary to meet the water measurement and reporting goals described in WAC 173-173-015.

(2) The department will provide a written justification and notification to the responsible party.

(1) No withdrawal or diversion of water shall be made unless the measuring devices and facilities are in proper operating condition, except when:

(a) A measuring device or facility is being repaired according to the requirements of subsection (2) or (3) of this section; and

(b) The responsible party uses a substitute measuring device or other method to measure the diversion or withdrawal or to provide a reasonable estimate thereof.

(2) Upon discovery of a malfunctioning measuring device or facility, the responsible party shall repair the device or facility and make them operable as soon as possible.

(3) If a responsible party does not comply with WAC 173-173-090(2), the department may order that a measuring device or facility be repaired or replaced within a specified time period.

(4) Measuring devices and facilities must register and be calibrated for the full range of discharge from the diversion or withdrawal for which they are to be used.

(5) On an open channel diversion, all flow diverted shall be measured as close to the point of diversion as possible.

(6) There shall be no turnouts or diversions between the source of water and the measuring devices and facilities, except for faucets or other small outlets that have a de minimis effect on the diversion or withdrawal.

(7) In those cases where wells are authorized for the purpose of supplementing surface waters with water from combined sources, both sources of water shall be metered.

(8) In the case of intermittent artesian wells, the meter shall be installed in a manner that will measure both pumped and flowing discharge.

(1) At any flow rate measured by the meter, the meter itself shall be rated by the manufacturer to register not less than ninety-five percent, nor more than one hundred five percent, of the water actually passing through the meter.

(2) At any flow rate measured by the measuring system; i.e., meter plus any secondary equipment such as data recorders; the system shall register not less than ninety percent, nor more than one hundred ten percent, of the water actually passing through the system.

(3) The meter shall have a visual totalizer or the facility shall be capable of totalizing the flow. The totalizer shall contain sufficient recording digits to ensure that "roll over" to zero does not occur before the next recording period.

(4) The department may require that the measuring device be capable of indicating flow rate as well as totalized flow.

(5) For other conditions necessary to ensure accurate and precise measurement data, the selection, installation and maintenance of measuring devices by water users shall be guided by generally accepted industry standards, such as the American Water Works Association standards and information from the manufacturer. These standards also shall be used by the department in making decisions as to the appropriate selection, installation, operation and maintenance of measuring devices acceptable under this rule.

Meters required under this rule shall meet the following installation requirements:

(1) The meter shall be installed in accordance with manufacturer specifications.

(2) There shall be a full pipe of water at all times when water is being withdrawn.

(3) The meter shall not be installed in a manner that creates an uneven velocity profile. Straight sections of pipe before and after the meter, straightening vanes or other flow conditioning devices shall be used to provide even flow through the meter as necessary.

(1) Meters shall be inspected and maintained as specified by the manufacturer.

(2) Meters shall be field or shop calibrated, as specified by the manufacturer. Meters also shall be field or shop calibrated and/or repaired if they are over or under registering. System diagnostics may substitute for physical calibration of nonmechanical meters.

The following requirements apply to weirs, flumes, ramps and orifices. For other devices, the department will determine specific requirements on a case-by-case basis.

(1) At any flow rate measured by the measuring system, i.e., the measuring device plus any secondary equipment such as data recorders, the system shall register not less than ninety percent, nor more than one hundred ten percent, of the water actually passing through the system.

(2) In determining a stage-discharge relation for these devices, the distribution of open channel flow measurements shall be sufficient to establish a full range of values for the entire stage-discharge relation.

(3) For other conditions necessary to ensure accurate and precise data, generally accepted industry standards, such as those in the U.S. Bureau of Reclamation "Water Measurement Manual, Third Edition" and information from the manufacturer or designer, shall guide the selection, installation, and maintenance of measuring devices and facilities by water users. The department also shall use these standards in evaluating the selection, installation, operation and maintenance of the measuring system.

The measuring facility shall be installed or constructed in accordance with the manufacturer's and/or designer's specifications.

(1) Rating curves shall be recalculated when there is a change in channel conditions that significantly alters flow across the control or once a year, whichever is more frequent.

(2) If the measuring system has no continuous stage recorder, an observer shall read the staff gage and record the reading as close in time as is practical before and after changes in regulation of flow occur.

(3) Measuring facilities shall be operated and maintained to ensure that discharge can be measured accurately.

(1) Use of power consumption data may be substituted for more direct flow measurement methods, provided:

(a) Use of the method is approved in writing by the department;

(b) Installation of a water meter would be unduly burdensome to the water user;

(c) The water system maintains a constant or near constant pumping or diversion rate;

(d) The power meter is dedicated to one diversion or withdrawal;

(e) A pump test is conducted for a minimum duration of two hours and is conducted under normal operating conditions;

(f) The diversion or withdrawal is not a flowing artesian well.

(2) The equation below shall be used when relying upon electrical power consumption to estimate volume or flow rate. This equation also may be used to estimate flow during short periods of meter repair or maintenance if the department finds that reasonable estimates of pump and motor efficiency are available:

Where: V = volume of water pumped in gallons;

318,600 = conversion factor;

kWh = number of kilowatt-hours for the time period in question; e.g., irrigation season, year or minutes;

Peff = pump efficiency as a decimal;

Meff = motor efficiency as a decimal; and

TDH = total dynamic head of the system in feet.

Any responsible party may use an alternative water measuring device or method that differs from those described in this chapter, if:

(1) The method is approved in writing in advance by the department; and

(2) The device(s) and installation are certified by a registered professional engineer or other qualified person acceptable to the department to:

(a) Measure all flow diverted or withdrawn in accordance with the pipeflow or open channel accuracy requirements in WAC 173-173-100(2) and 173-173-130(1);

(b) Measure the appropriate volumes and flow rates in WAC 173-173-060;

(c) Be installed and operated according to the manufacturer's and/or designer's instructions, and other such conditions as the department may find necessary.

(1) Yes. Any responsible party may request in writing to the department a variance from the requirements of this chapter pertaining to the:

(a) Acceptable accuracies of measuring devices and methods;

(b) Reporting of water use data;

(c) Calculation of rating curves;

(d) Other provisions as the department may find acceptable.

(2) Provided, the department may not grant a variance from the requirements of WAC 173-173-040 or exempt a responsible party of its obligation to comply with RCW 90.03.360.

(3) No variance request shall be considered granted until the department has approved it in writing.

All measurement notes, rating curves, calculations, and data logs should be retained as long as practicable, and copies made available to the department when requested.

Yes. The department will notify the department of fish and wildlife regarding the status of fish screens associated with diversions and withdrawal facilities subject to this rule.

Yes. In enforcing this chapter the department can impose such sanctions as are appropriate under the authorities vested in it, including, but not limited to, issuing regulatory orders under RCW 43.27A.190 and civil penalties under RCW 90.03.600.

Yes. Appeals may be filed with the pollution control hearings board in accordance with RCW 43.21B.230, except that appeals of orders to measure water use issued by a court conducting a general adjudication of water rights pursuant to RCW 90.03.110 through 90.03.245 shall be filed in accordance with the applicable Washington court rules.

Yes. The department will initiate a review of the rules established in this chapter if new information, changing conditions, or statutory modifications make it prudent or necessary to consider revisions to the chapter.