WAC 173-153-140
What is the process for notifying
parties of a record of decision and report of examination?
Who is notified of a board's record of decision and
report of examination?
(1) Ecology shall identify to all boards the ecology
designated regional representative for receipt of each board's
records of decision. Boards shall hand deliver or send by
mail records of decision and reports of examination to:
(a) The applicant;
(b) The ecology regional office;
(c) Any person who protested the transfer;
(d) Any person who requested notice of the board's record
of decision;
(e) Any tribe with reservation or trust lands contiguous
with or wholly or partly within the area of jurisdiction of
the board; and
(f) Any commenting agency or tribe.
How is the record of decision and report of examination
transmitted?
(2) Within fifteen business days of a board's decision,
the board shall simultaneously mail a copy of the record of
decision and the report of examination to all parties
identified in subsection (1) of this section. A paper copy of
the following shall simultaneously be mailed or delivered to
the ecology designated regional representative:
(a) The record of decision;
(b) The report of examination;
(c) The application;
(d) Public notices; and
(e) Attachments to the application.
The board shall state to the parties receiving the record
of decision and report of examination that it has been
simultaneously sent to ecology. Whenever boards have the
capacity to do so, they must transmit a signed electronic copy
of the record of decision and report of examination to the
ecology regional office on the same day that copies of the
decision are mailed or hand-delivered.
(3) As stated in WAC 173-153-130, boards must fully
document their process of arriving at a record of decision
regarding water right transfer applications. Once the board
has concluded its work on a water right transfer application,
the board must submit to ecology, within fourteen days after
the completion of ecology's review period, any remaining
original documents not previously submitted to ecology in
accordance with subsection (2) of this section, and any
documents received or developed by the board related to its
deliberations regarding the application upon which it has made
a decision. All documents submitted shall be clearly marked
with the board-assigned water right change application number
on the water right transfer application pursuant to WAC 173-153-070(7). As noted, the original versions of these
documents must be provided to ecology; copies are not
acceptable for submission. These documents must be sent to
the ecology regional office designated by ecology. The board
may retain a copy of all of the above-mentioned documents.
After the board completes its business on a water right
transfer application, and upon submission to ecology of all
records related to the application file, ecology shall be
responsible for public records requests related to that file.
(4) Any comments received by a board regarding its record
of decision within thirty days after ecology's final decision
must be forwarded to ecology within five business days of the
board's receipt of such comments by the board. For the
purposes of this subsection, the term "receipt" refers to the
act of a board commissioner or designated administrative
support person for the board picking up the board's mail.
These comments must be submitted by the board to the ecology
regional office.
[Statutory Authority: RCW 90.80.040. 06-18-102 (Order
05-18), § 173-153-140, filed 9/6/06, effective 10/7/06;
03-01-039 (Order 01-13), § 173-153-140, filed 12/9/02,
effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. 99-23-101 (Order 98-11), § 173-153-140, filed 11/17/99,
effective 12/18/99.]