Jul14

PASCO BASIN GROUNDWATER SUBAREA RULEMAKING

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Ecology is beginning a new rulemaking for Chapter 173-135 WAC Pasco Groundwater Subarea Management Policy. This rulemaking will establish a new rule in Chapter 173-135 WAC for the managing the Pasco Basin groundwater subarea, and repeal the existing interim management rule Chapter 508-14 WAC.

 

This rulemaking is part of a multi-step process to address groundwater management in the Pasco basin. The project includes designating a groundwater subarea boundary as described in RCW 90.44.130, and establishing an agreement with the U.S. Bureau of Reclamation for the allocating and managing groundwater in the area using our revised authority in RCW 89.12.170.

More information is available on our website at https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-135 or see below.

If you have any questions please contact Annie Sawabini, Rulemaking Lead, at This email address is being protected from spambots. You need JavaScript enabled to view it. or 360-701-4432.

 

Notice to Interested Parties

 

Rulemaking announcement notice for Chapter 173-135 WAC Pasco Groundwater Subarea Management Policy and Chapter 508-14 WAC Columbia Basin Project — Groundwaters

 

Purpose of the rule

The Department of Ecology plans to establish a new rule, Chapter 173-135 WAC, for managing the Pasco Basin groundwater subarea, and repeal the existing interim management rule Chapter 508-14 WAC.

 

Subject of possible rulemaking

This rulemaking is part of a multi-step process to address groundwater management in the Pasco basin. The project includes designating a groundwater subarea boundary as described in RCW 90.44.130, and establishing an agreement with the U.S. Bureau of Reclamation for allocating and managing groundwater in the subarea using our revised authority in RCW 89.12.170.

 

Why is it important?

In 1967, Chapter 508-14 WAC established an interim policy for managing the commingled state and federal groundwater in the Columbia basin until formal management programs could be established for specific subareas within the basin. In the Quincy and Odessa subareas within the Columbia basin, jurisdiction over groundwater has been resolved and management programs established through rulemaking. However, in the Pasco subarea, groundwaters have remained under the interim rule despite numerous efforts over the past 50 years. 

In 2021, the Legislature revised Ecology’s authority in RCW 89.12.170 to enter into agreements with the U.S. Bureau of Reclamation for allocating groundwater. Under the new and pre-existing authorities, Ecology is proposing to develop a new rule for managing groundwater in the Pasco subarea and repeal the interim rule to address the longstanding uncertainty for current and potential future groundwater users.

 

How can I get involved?

Interested parties can participate in the decision to adopt the rule by:

  • Signing up for our email list:

https://tinyurl.com/42avbhnn

  • Or email the rulemaking lead:

Annie Sawabini, This email address is being protected from spambots. You need JavaScript enabled to view it. or call 360-701-4432.

  • Visit the rulemaking webpage for information on upcoming meetings and see the timeline:

https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-135

 

Persons impacted by this rule

The rule changes may impact

  • Water right permit holders in the Pasco Basin subarea
  • Individuals or organizations interested in water rights in the Pasco Basin subarea
  • Pending groundwater right applicants in the Pasco Basin subarea

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Posted:

Thursday, 14 July 2022