Where is a protest submitted regarding a water right
transfer application before a board?
(1) A protest against granting a proposed
water right change or transfer, as identified in
RCW
90.03.470(12), must be
received by ecology, with the statutory protest fee, within thirty days of the
last date of publication of the public notice.
(2) Ecology shall provide a copy of the
protest to the appropriate board within five days of receipt of the
protest.
(3) In accordance with WAC
508-12-170 and
508-12-220, a board will
thoroughly investigate all pertinent protests of a transfer application before
the board.
(4) Ecology shall
consider all pertinent protests during its review of the board's record of
decision on the application.
(5)
Persons inquiring of the board or ecology regarding protest procedures shall be
directed to file the protest with ecology.
(6) A board must immediately forward to
ecology any protests it receives including the statutory protest fee.
What is included in a valid protest?
(7) A protest must include:
(a) The name, address and phone number (if
any) of the protesting party;
(b)
Clear identification of the transfer application being protested; and
(c) A statement identifying the basis for the
protest.
(d) The statutory protest
fee.
What is the difference between a protest and a letter of
concern or support?
(8) Any protest received more than thirty
days after the last date of publication of the public notice, or without the
required fee, will be filed as a letter of concern.
(9) A letter of support is any comment
addressing the benefit of the project proposed in an application.
(10) A party who provides a letter of concern
or support regarding an application to a water conservancy board is not
considered to be a protesting party unless the party has also filed a valid
protest with ecology in compliance with this section.
Will a protest or letter of concern be
considered?
(11)
Boards must accept and consider any oral or written comments or protests in
evaluating an application, in accordance with chapter 90.80 RCW, this chapter,
and board bylaws.
