WAC 173-173-040   To whom does this rule apply?  The requirements of this chapter apply to the owner or owners of any source water diversion or source withdrawal and to the department.

     (1) Any owner or owners of any surface water diversion are required by state law (RCW 90.03.360) to measure and regulate their water use.

     (2) The department must enforce the requirement to measure water use for the following types of water use:

     (a) All new surface water permits;

     (b) New and existing surface water rights where the diversion of any volume of water is from waters containing depressed or critical salmonid stock;

     (c) New and existing groundwater rights where the department concludes that the withdrawal of any volume of water may affect surface waters containing depressed or critical salmonid stock;

     (d) Existing surface water rights where the diversion volume exceeds one cubic foot per second.

     (3) This chapter only applies to source diversions and withdrawals and is not intended to apply to customers of a municipality or public water supply system or members of an irrigation district or similar secondary users.



[Statutory Authority: RCW 90.03.360, 90.44.050, [90.44.]250,[90.44.]450 and chapter 43.21A RCW. 02-02-017 (Order 00-01), § 173-173-040, filed 12/21/01, effective 1/21/02.]