222-22-040 - Watershed prioritization

222-22-040. Watershed prioritization

(1) The department shall prioritize WAUs for the purposes of this section and for reviews under WAC 222-22-090 in cooperation with the departments of ecology and fish and wildlife, affected Indian tribes, forest landowners, and the public. The prioritization shall consider the availability of landowner participation and assistance and the availability and assistance that may be provided by affected Indian tribes and local governmental entities.

(2) The department may undertake a watershed analysis on any WAU. When conducting a watershed analysis, the department shall include available qualified expertise from state agencies, affected Indian tribes, forest landowners, local governmental entities, and the public.

(3) The owner or owners of ten percent or more of the nonfederal forest land acreage in a WAU may notify the department in writing that the owner or owners intend to conduct a level 1 assessment, level 2 assessment, or both, and the prescription recommendation and management strategy processes on the WAU under this chapter, or conduct a reanalysis under WAC 222-22-090, at their own expense. The notice shall identify the teams proposed to conduct the watershed analysis or reanalysis, which shall be comprised of individuals qualified by the department pursuant to WAC 222-22-030. The department shall promptly notify any owner or owners sending notice under this subsection if any member of the designated teams is not so qualified. Within thirty days of delivering a notice to the department under this subsection, the forest landowner or owners shall begin the level 1 assessment under WAC 222-22-050 or, at its option, the level 2 assessment under WAC 222-22-060, or the reanalysis under WAC 222-22-090. An approved forest landowner team shall, while and only for the purposes of conducting a watershed analysis or reanalysis in a WAU, be a duly authorized representative of the department for the purposes of RCW 76.09.150. The board encourages forest landowners conducting assessments under this chapter to include available, qualified expertise from state and federal agencies, affected Indian tribes, forest landowners, local governmental entities, and the public.

(4) Before beginning a watershed analysis in a WAU, the department or the forest landowner conducting the analysis shall provide reasonable notice, including notice by regular United States mail where names and addresses have been provided to the department, to all forest landowners in the WAU, and to affected Indian tribes. The department or the forest landowner conducting the analysis shall also provide reasonable notice to the public and to state, federal, and local governmental entities, by, among other things, posting the notice conspicuously in the department's office in the region containing the WAU. The notice shall be in a form designated by the department and give notice that a watershed analysis or reanalysis is being conducted, by whose team, the time period of the analysis or reanalysis, and the dates and locations in which the draft analysis or reanalysis will be available for review and comment.

Statutory Authority: RCW 76.09.040. 11-12-009, § 222-22-040, filed 5/20/11, effective 6/20/11. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-22-040, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-040, filed 12/20/93, effective 1/1/94. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-22-040, filed 7/2/92, effective 8/2/92.

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