WAC 173-153-030
How are terms defined in this rule? For
the purposes of this chapter, unless the context clearly
indicates otherwise, the following definitions apply:
"Application" means an application made on an ecology
form identified as an Application for Change/Transfer to Water
Right, form number 040-1-97 for a transfer of a water right,
including those transfers proposed under authority of RCW 90.03.380, 90.03.390 and 90.44.100. A board may supplement
the application with additional forms or requests for
additional documentation. These forms and documentation
become a part of the application.
"Board" means a water conservancy board pursuant to
chapter 90.80 RCW.
"Bylaws" means the internal operating procedures,
policies, or other guidance adopted by a board and designated
as the board's bylaws.
"Consumptive use" means use of water whereby there is a
diminishment of the water source.
"Director" means the director of the department of
ecology.
"Ecology" means the department of ecology.
"Ecology regional office" means the water resources
program at the ecology regional office designated to a board
as the office where the board shall interact as identified
within this chapter.
"Geographic area" means an area within the state of
Washington in which an established board would have authority
to process water right transfer applications. This area is
identified by the legislative authority or authorities of the
county or counties seeking to establish the water conservancy
board. The area may be a single county, more than one county,
a single water resource inventory area, or more than one water
resource inventory area. If the identified geographic area
contains all or part of more than one county, the counties
involved must identify a "lead county" for certain
administrative purposes.
"Lead county" means the county legislative authority with
which ecology will communicate for administrative purposes in
cases where a water conservancy board's geographic area
includes more than one county legislative authority.
"Nonwater right holder" means, solely for the purpose of
satisfying RCW 90.80.050(2) in regard to determining whether a
potential water conservancy board commissioner is a "nonwater
right holder," any party who:
(1) Does not meet the criteria of a water right holder as
defined in this section; or
(2) Receives water solely through a water distributing
entity.
"Record of decision" means the written conclusion reached
by a water conservancy board regarding a transfer application,
with documentation of each board commissioner's vote on the
decision. The record of decision must be on a form provided
by ecology and identified as a Record of Decision, form number
040-105.
"Report of examination" means the written explanation,
factual findings, and analysis that support a board's record
of decision. The report of examination is an integral part of
the record of decision. The report of examination must be on
a form provided by ecology and identified as Water Conservancy
Board Report of Examination, form number 040-106.
"Source" means the water body from which water is or
would be diverted or withdrawn under an existing water right
which an applicant has proposed to be transferred.
"Transfer" means a transfer, change, amendment, or other
alteration of part or all of a water right, as authorized
under RCW 90.03.380, 90.03.390 or 90.44.100.
"Trust water right" means any water right acquired by the
state under chapter 90.38 or 90.42 RCW, for management in the
state's trust water rights program.
"Water conservancy board coordinator" means the person
designated by the director or his or her designee to
coordinate statewide water conservancy board activities,
communication, and training, and to advocate for consistent
statewide implementation of chapter 90.80 RCW and chapter 173-153 WAC.
"Water right holder" means, solely for the purpose of
satisfying RCW 90.80.020 (2)(d) and 90.80.050(2) in regard to
determining whether the qualifications of petitioners to
create a board and a potential water conservancy board
commissioner are "water right holders," and as used within
this rule, any individual who asserts that he or she has a
water right and can provide appropriate documentation of a
privately owned water right which is appurtenant to the land
that they individually or through marital community property
own or in which they have a majority interest. Exception to
the definition of a water right holder for the purpose of
determining a person's eligibility to be appointed as a
commissioner is found in RCW 90.80.050(5).
[Statutory Authority: RCW 90.80.040. 06-18-102 (Order
05-18), § 173-153-030, filed 9/6/06, effective 10/7/06;
03-01-039 (Order 01-13), § 173-153-030, filed 12/9/02,
effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. 99-23-101 (Order 98-11), § 173-153-030, filed 11/17/99,
effective 12/18/99.]