WAC 173-166-030
Definitions. As used in this chapter:
(1) "Ecology" is the department of ecology.
(2) "Drought conditions" are water supply conditions
where a geographical area or a significant part of a
geographical area is receiving, or is projected to receive,
less than seventy-five percent of normal water supply as the
result of natural conditions and the deficiency causes, or is
expected to cause, undue hardship to water users within that
area.
(3) "Essential minimum" for the fisheries resource is:
(a) That amount of water or flow rate established as a
regulation adopted by ecology pursuant to RCW 90.22.020 or 90.54.050;
(b) That amount of water or flow placed as a proviso on a
water right permit or certificate; or
(c) That amount of water or flow established on an
interim basis to assure the maintenance of fisheries
requirements. Such a determination will be made by ecology,
in consultation with, among others, the departments of
fisheries and wildlife, any concerned federal agencies and
affected Indian tribes.
(4) "Executive water emergency committee (EWEC)" is a
committee, chaired by the governor's office, including members
of state, local, and federal agencies which reviews water
supply information provided by the water supply availability
committee and determines potential effects of water shortages
upon the state of Washington. Affected Indian tribes will be
invited to participate.
(5) "Geographical area" is an area within the state of
Washington which can be described either by natural or
political boundaries and which can be specifically identified
in an order declaring a drought emergency. Examples of
specific geographical areas include, but are not limited to:
(a) The state of Washington.
(b) Counties.
(c) Water resource inventory areas (WRIAs) as defined in
chapter 173-500 WAC.
(d) Individual watersheds which constitute only a portion
of a WRIA but whose boundaries can be topographically
described.
(e) Groundwater management areas and subareas as defined
in chapter 173-100 WAC.
(f) Designated sole source aquifers.
(g) Combinations of the above areas.
(6) "Normal water supply" is:
(a) For the purpose of the determination of drought
conditions, the average amount of water available to a
geographical area on an annual basis, based upon evaluation of
precipitation, streamflow, snowpack and other hydrological and
meteorological factors.
(b) For the purpose of eligibility for drought
assistance:
(i) That amount of water put to beneficial use during the
irrigation season for the irrigation of one or more crops,
using reasonably efficient practices, including reasonable
conveyance losses, under a valid water right permit or
certificate, or a supported registered water right claim; or
(ii) That amount or flow of water required for normal
operations of fish hatchery or fish passage facilities. Such
facilities, where required by law, must be operating under a
valid water right permit or certificate, or under a supported
registered water right claim; or
(iii) The median amount or flow of water that is
historically required to provide normal instream habitat
conditions for the existing fishery population.
(7) "Previously established activities" include:
(a) The irrigation of a specified number of acres, using
reasonably efficient practices, under a valid water right
permit or certificate, or a supported registered water right
claim.
(b) Those fish-management activities presently employed
to maintain the fisheries resource. The resource itself must
neither be restored nor enhanced by drought relief actions
available under the provisions of this chapter.
(c) The delivery of water by public and private entities
through existing supply systems to present populations, areas,
and/or facilities for purposes that are nonagricultural and
nonfishery related.
(8) "Reasonably efficient practices" are those practices
including, but not limited to, methods of conveyance, use, and
disposal of water which are reasonable and appropriate under
the circumstances to bring about water use efficiency as
determined by an area-specific application of criteria
identified by ecology, which may include, among others:
(a) Customary practices in the area;
(b) Reasonableness of any facilities at the time of
installation;
(c) Cost of improvements and impacts of the costs of
upgrading facilities on the continued use of water by an
appropriator;
(d) Changes in water use practices and technology; and
(e) Impact of alternative water use practices on other
water uses and the environment.
(9) "Supported registered water right claim" is a
registered water right claim which includes sufficient
evidence to satisfy ecology that a valid water right would be
confirmed should the claim be adjudicated. Applications made
for emergency drought permits, water transfers, or funding
assistance under this chapter must incorporate, either by
reference or inclusion, necessary information to enable
ecology to make an informed determination with respect to the
claim. Such information may include, but is not limited to:
(a) Documentation of continuous historical exercise of
the claimed right;
(b) Historical maps depicting the historical means of
irrigation and the areas covered by the claimed right;
(c) Legal documentation, including any previous court or
administrative board decisions, which addresses the historical
nature and extent of the claimed right;
(d) "Old-timer" testimony which addresses the historical
nature and extent of the claimed right.
(10) "Water supply availability committee (WSAC)" is a
committee, with a core membership consisting of ecology, the
National Weather Service, the Soil Conservation Service, the
U.S. Geological Survey, the U.S. Bureau of Reclamation, and
other federal agencies involved in water supply forecasting,
which reviews pertinent hydrological and meteorological
information and assesses water supply conditions for the state
of Washington.
[Statutory Authority: RCW 43.83B.420. 91-03-081 (Order
90-53), § 173-166-030, filed 1/17/91, effective 2/17/91. Statutory Authority: 1977 c 339 § 75. 78-04-019 (Order
78-3), § 173-166-030, filed 3/10/78.]