Who provides documentation of the transfer when it is
completed?
(1) When an affirmed
transfer has been completed and the transferred water right has been put to
beneficial use, the person authorized to transfer the water right must submit
satisfactory evidence to ecology showing the transfer has been completed in
accordance with ecology's order authorizing the transfer of the water right.
Upon verification of the extent of development as authorized, ecology will
issue a change certificate, superseding permit, or a superseding certificate to
the water right holder(s) to document that the approved transfer was
accomplished. When evaluating the proposed water right transfer application,
the board will consider and address in the report of examination any issues
pertaining to completion of the development or the application of the water to
a beneficial use of water as it is proposed to be changed.
Who receives a copy of the document identifying the
perfection of the transfer approval?
(2) When a document, as described in
subsection (1) of this section, is issued to the applicant, ecology shall
provide a copy to the appropriate board for its records, if requested by the
board. The document shall also be recorded, at the applicant's expense, by the
county or counties in which the water is authorized for use.
What happens if the approved transfer is not completed
within the development schedule or if the change authorization is
canceled?
(3) If
development of the approved transfer is not completed in accordance with the
development schedule that accompanies the approval, extensions may be requested
in accordance with
RCW
90.03.320, and will be evaluated by
ecology.
(4) If the person
authorized to transfer a water right fails to accomplish the transfer in
accordance with the authorization, or any subsequent extensions granted by
ecology, and does not receive an extension from ecology, or fails to comply
with the requirements of the transfer authorization, ecology will cancel the
transfer authorization. Upon cancellation of the transfer authorization,
ecology will evaluate the water right to make a tentative determination as to
the present validity of the water right and the conditions under which the
water right can legally be exercised.
