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The Department of Ecology is proposing to adopt a new rule for managing underground water resources in northern Kittitas County. On January 7, 2009, Ecology filed a CR 102 for a proposed rule that will implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County. The proposed rule was filed on January 7, 2009. The prepared documents include the Determination of Nonsignificance (DNS) under the State Environmental Policy Act, a Small Business Economic Impact Statement (SBEIS), and a preliminary cost-benefit analysis.
On July 8, 2008, Ecology adopted an Emergency rule to implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County. The Emergency rule continues to be in place while the agency moves forward with work towards the adoption of a permanent rule. A third emergency rule has been adopted by Ecology as a placeholder for a permanent groundwater management rule. The emergency rule incorporates some recommendations made during a comment period held in February regarding a permanent rule.
Emergency Rule Adoption #3 for Chapter 173-539A WAC Management of Exempt Ground Water Wells in Kittitas County - includes links to:
Ecology News Release - March 16, 2009 Temporary rule in place while Ecology seeks to resolve Kittitas groundwater management concerns
Ecology News Release - March 3, 2009 Ecology seeks negotiations with Kittitas County to resolve disagreements over groundwater rule
Chapter 173-539A WAC Management of Exempt Ground Water Wells in Kittitas County - Includes links to the:
Additional information:
On April 7, 2008, Ecology and Kittitas County entered into the MOA to cooperatively manage exempt groundwater wells until more is known about the aquifers and water supplies in northern Kittitas County. The MOA establishes interim and long term management measures and calls for development of a comprehensive groundwater study and a permanent groundwater management rule.
The adoption of an emergency rule establishes a partial withdrawal of ground water within a portion of WR1A 39 in Kittitas County, WA for the purpose of implementing a Memorandum of Agreement (MOA) entered into with Kittitas County on April 7, 2008.
The emergency rule provides ground water use provisions for:
The emergency rule also addresses issues such as:
July 8, 2008 - Update
While the Emergency rule is in place rulemaking will move forward on the adoption of a permanent rule. The CR101 for the permanent rule was filed along with the first Emergency rule on July 8, 2008. The new rule would make permanent a temporary emergency rule now in place.
September 2008 - Update
Two open house sessions were held in September 2008 to discuss the Management of Exempt Ground Water Wells in Kittitas County. The new permanent rule proposal for managing underground water resources in northern Kittitas County was the topic of these sessions. Comments were accepted at the sessions, via e-mail, and from an online form. Comments were also collected at two open houses in March 2008.
November 2008 - Update
Ecology adopted a second Emergency rule on November 6, 2008, to implement the exempt well management measures identified in a Memorandum of Agreement (MOA) with Kittitas County. The first emergency rule expired on November 5, 2008. The Second Emergency rule will be in place while the agency moves forward with the adoption of a permanent rule.
February 2009 - Update
Two public hearings were held on February 11 and 12, 2009 to provide information about the management of exempt ground water wells in Kittitas County. Ecology representatives were available to answer questions at both hearings.
The comment period closed on February 20, 2009. Thank you to everyone who commented on the proposed rule.
Ecology received a petition in September 2007 from water right holders in Kittitas County seeking a temporary moratorium on new ground water wells in Kittitas County. The petitioners are members of a group called Aqua Permanente who are concerned that rapid rural residential growth will impair senior water rights and stream flows in the Kittitas and Yakima valleys.
The groundwater permit exemption
allows the users of small quantities of ground water to construct wells and
develop their water supplies without first obtaining a water right permit
from Ecology. | Melissa Downes Department of Ecology, CRO-WR Phone: 509 454-4259 E-mail: kcwp@ecy.wa.gov |
Judy Beitel Department of Ecology HQ-WR Phone: 360 407-6878 E-mail: jbei461@ecy.wa.gov |
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
