All eligible entities identified in this section under
subsection (1)(a) of this section are encouraged to consult with ecology when
considering creation of a water conservancy board. In accordance with chapter
90.80 RCW, boards may have either three or five commissioners and must be
established to serve an identified geographic area, as defined in WAC
173-153-030. A newly established
board cannot include in the geographic area in which it will serve any area
that overlaps with a geographic area served by an existing board.
(1) Creation of a water conservancy board is
accomplished by the following steps:
(a) A
resolution or petition is proposed to or by the legislative authority or
authorities of a county or counties;
(b) Public notice;
(c) Public hearing(s);
(d) Adoption of a resolution creating the
board by the legislative authority or authorities of the county or
counties;
(e) When a board is
created by more than one county legislative authority, a lead county is
designated;
(f) A petition is
submitted to the director; and
(g)
The director must approve the creation of a board.
Where is the resolution or petition calling for the
creation of a board submitted?
(2) A resolution or petition calling for
creation of a water conservancy board must be submitted to the legislative
authority or authorities of the county or counties in which the board would
serve.
Who can initiate a petition calling for the creation of a
board?
(3) A
resolution or petition may be initiated by the following entities:
(a) The legislative authority or authorities
of the county or counties which would be served by the board;
(b) The legislative authority of an
irrigation district, a public utility district that operates a public water
system, a reclamation district, a city operating a public water system, or a
water-sewer district that operates a public water system;
(c) The governing body of a cooperative or
mutual corporation that operates a public water system serving one hundred or
more accounts;
(d) Five or more
water right holders, in the geographic area which would be served by the board,
who divert or withdraw water for a beneficial use, or whose nonuse of water is
due to a sufficient cause or an exemption pursuant to
RCW
90.14.140; or
(e) Any combination of the above.
What information must be included in the proposed
resolution or petition calling for the creation of a board?
(4) The resolution or
petition must include:
(a) A statement
describing the need for the board;
(b) Proposed bylaws that will govern the
operation of the board;
(c)
Identification of the geographic area within which the board would serve;
and
(d) A description of the
proposed method(s) for funding the operation of the board.
What notice is given to the public regarding the proposed
creation of a board?
(5) A public notice must be published in a
newspaper of general circulation in the county or, if the board would serve
more than one county, a public notice must be published in a newspaper of
general circulation in each county in which the board would serve. The
notice(s) must be published not less than ten days and not more than thirty
days before the date of a public hearing on the proposed creation of the board.
The notice(s) shall describe the:
(a)
Time;
(b) Date;
(c) Place;
(d) Purpose of the hearing; and
(e) Purpose of the board.
Notice must be sent to the ecology regional office at the time
of publication of the public notice, and an effort shall be made to ensure that
any watershed planning unit and Indian tribe with an interest in water rights
in the area to be served by the board also receives the notice.
How many public hearings must be held for the creation of
a board?
(6) At least one public hearing on the
proposed creation of the board must be held by the legislative authority of
each county in which the board would serve.
What must be included in the adopted resolution which
establishes a board?
(7) If the legislative authority or
authorities of the county or counties decide to establish a board after the
public hearing(s) a resolution must be adopted by the legislative authority or
authorities of the county or counties, approving the creation of the board. The
resolution must describe or include:
(a) The
need for the board;
(b) The
geographic area to be served by the board;
(c) The method or methods which will be used
to fund the board;
(d) Whether the
proposed board will consist of three or five commissioners;
(e) The designated lead county if a board is
proposed which would serve in more than one county; and
(f) A finding that the creation of the board
is in the public interest.
What is included in a petition to ecology for the
creation of a board?
(8) The petition submitted to ecology to
create the board must include the following:
(a) A copy of the resolution or petition to
or by the legislative authority or authorities of the county or counties
calling for the creation of a board. If a board is proposed which would serve
in more than one county, the resolution shall be provided by the lead county as
designated under subsection (7)(e) of this section. If five petitioners meeting
the definition of a water right holder in the county or counties which initiate
the petition, the petition must also include the names and addresses of the
petitioners;
(b) A summary of the
public testimony presented during the public hearing(s) conducted by the
legislative authority or authorities of the county or counties in response to
the resolution or petition to create a board. The summary shall be clearly
identified and include the date of the hearing;
(c) A copy of the resolution adopted by the
legislative authority or authorities of the county or counties approving the
creation of a water conservancy board. The resolution must include all elements
described in subsection (7) of this section; and
(d) A copy of the board's proposed bylaws.
What is the process for the director to approve or deny
the creation of a water conservancy board?
(9) Upon submission to the water conservancy
board coordinator of the required documentation pursuant to subsection (8) of
this section, the director will determine whether the creation of a water
conservancy board will further the purposes of the law and be in the public
interest. The public interest includes, but is not limited to, whether ecology
has sufficient staffing resources to provide the necessary training,
monitoring, and technical assistance to the board and to make timely responses
to the board's records of decisions.
(10) The director's determination regarding
creation of the board shall be made within forty-five days of receiving all
items listed in subsection (8) of this section.
(11) If creation of a board is approved,
ecology will include in its notice of approval any unique conditions or
provisions under which the approval is made, if any, and a description of the
initial training requirements for board commissioners as outlined in WAC
173-153-050.
