WAC 173-152-050   Criteria for priority processing of competing applications.  (1) An application may be processed prior to competing applications if the application resolves or alleviates a public health or safety emergency caused by a failing public water supply system currently providing potable water to existing users. Inadequate water rights for a public water system to serve existing hook-ups or to accommodate future population growth or other future uses do not constitute a public health or safety emergency. The application must be filed specifically to correct the actual or anticipated cause(s) of the public water system failure. To be considered a failing public water system, the system must meet one or more of the following conditions:

     (a) The department, upon notification by and in consultation with the department of health or local health authority, determines a public water system has failed, or is in danger of failing within one year, to meet state board of health standards for the delivery of potable water to existing users in adequate quantity or quality to meet basic human drinking, cooking and sanitation needs;

     (b) The current water source has failed or will fail so that the public water system is or will become incapable of exercising its existing water right to meet existing needs for drinking, cooking and sanitation purposes after all reasonable conservation efforts have been implemented; or

     (c) A change in source is required to meet drinking water quality standards and avoid unreasonable treatment costs, or the state department of health determines that the existing source of supply is unacceptable for human use.

     (2) An application may be processed prior to competing applications if the department determines:

     (a) Immediate action is necessary for preservation of public health or safety; or

     (b) The proposed water use is nonconsumptive and if approved would substantially enhance or protect the quality of the natural environment.

     (3) An application for change or transfer to an existing water right may be processed prior to competing applications provided one or more of the following criteria are satisfied:

     (a) The change or transfer if approved would substantially enhance the quality of the natural environment; or

     (b) The change or transfer if approved would result in providing public water supplies to meet general needs of the public for regional areas;

     (c) The change or transfer was filed by water right holders participating in an adjudication, and a decision is needed expeditiously to ensure that orders or decrees of the superior court will be representative of the current water use situation.

     (4) Within each regional office, the department shall process applications satisfying the criteria in subsections (1) through (3) of this section in the following priority:

     (a) Public health and safety emergencies under subsection (1) of this section;

     (b) Preservation of other public health and safety concerns under subsection (2)(a) of this section;

     (c) Transfers or changes under subsection (3)(a) of this section;

     (d) Transfers or changes under subsection (3)(b) of this section;

     (e) Transfers or changes under subsection (3)(c) of this section; and

     (f) Nonconsumptive uses under subsection (2)(b) of this section.



[Statutory Authority: RCW 43.21A.064(8) and 43.27A.090(11). 98-06-042 (Order 97-14), § 173-152-050, filed 2/27/98, effective 3/30/98.]