WAC 173-153-120   What assistance is available to water conservancy boards?  (1) The director, or his or her designee, shall assign a representative of ecology to be available to provide technical assistance to each board as provided in RCW 90.80.055 (1)(d).

     (2) Upon request by a board, an ecology representative will provide technical assistance as the board:

     (a) Reviews applications for formal acceptance;

     (b) Prepares draft records of decision and reports of examination;

     (c) Considers technical factors; and

     (d) Considers legal factors affecting the board's development of a record of decision.

     (3) A board may request and accept additional technical assistance from ecology.

     (4) A board may also request and accept assistance and support from the government or governments of the county or counties in which it operates, as well as from other interested parties.

     (5) Ecology recognizes that boards are independent entities with the legal right to make records of decision on water right transfer applications without seeking assistance from ecology. However, should a board desire assistance from ecology in processing an application or regarding its administrative functions, ecology will provide technical assistance upon request of the board. This technical assistance may address issues involved in application processing, including procedural requirements and administrative functions, and can include specific information regarding approaches to resolving particular issues. However, in deference to the independent status of boards, such technical assistance shall be solely in the form of guidance and shall not dictate or otherwise direct any board to reach a specific conclusion regarding any aspect of application processing or of a board's administrative functions.

     (6) Technical assistance and training provided to a board is not subject to the Open Public Meetings Act.



[Statutory Authority: RCW 90.80.040. 03-01-039 (Order 01-13), § 173-153-120, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. 99-23-101 (Order 98-11), § 173-153-120, filed 11/17/99, effective 12/18/99.]