WAC 246-290-107
Place of use expansion. The place of
use of a surface or groundwater right may be
expanded to include any portion of the approved service area
that was not previously within the place of use for the water
right when documented in an approved planning or engineering
document under chapter 43.20 RCW or in accordance with
procedures adopted under chapter 70.116 RCW. This occurs as
an effect of the department's approval of a service area
identified in a water system plan, water system plan
amendment, small water system management program, engineering
document, or as an effect of the local legislative authority's
approval of a service area as part of a coordinated water
system plan.
(1) The following conditions must be met:
(a) The municipal water supplier is in compliance with
the terms of the water system plan or small water system
management program, including those regarding water use
efficiency.
(b) The alteration of the place of use is not
inconsistent regarding an area added to the place of use with
any local plans and regulations.
(c) The alteration of the place of use is not
inconsistent regarding an area added to the place of use with
any watershed plan approved under chapter 90.82 RCW or a
comprehensive watershed plan approved under RCW 90.54.040(1)
after September 3, 2003, if such a watershed plan has been
approved for the area.
(2) As part of the planning or engineering document,
municipal water suppliers must:
(a) Identify the portions of the service area where the
place of use will be expanded.
(b) Document that subsection (1)(a) and (c) of this
section are met.
(c) Meet the requirements of WAC 246-290-108 for the
portions of the service area where the place of use will be
expanded.
[Statutory Authority: RCW 43.20.050 and 70.119A.080. 10-20-068, § 246-290-107, filed 9/29/10, effective 11/1/10. Statutory Authority: RCW 70.119A.180 and 43.20.050. 08-03-061, § 246-290-107, filed 1/14/08, effective 2/14/08.]