Policy update: Development Schedules for Water Right Changes and Transfers Policy (POL-1280)

This email and the attachment here constitute Port Gamble S’Klallam Tribe’s comments on Ecology’s update to POL 1280. Given the nature of the Tribe’s comments on this policy, I integrated the comments as margin comments, questions, and redlines in th...↓e draft.

My understanding from our call on Monday is that Ecology has decided not to confirm completion of a water right change or application of water consistent with the change, but rather it will rely on later compliance actions by Ecology if the holder is found to be out of compliance with the change. This shift in policy is concerning to the Tribe given Ecology’s historic lack of resources for compliance and the likelihood that non-compliant water use will fall through the cracks. The Tribe’s other concern is the considerable vagueness of the policy.

Finally, based on you presentation on the policy update at the WRAC, the Tribe understands that Ecology is updating many of its policies based on Foster and several other decisions. Since the policies and processes they outline are interrelated, it would be more effective for Ecology to update these policies at the same time rather than piecemeal, even if it takes longer to do so. Updating them at the same time would ensure more coherent and comprehensive review, revision, and public comment.

Thank you for the opportunity to comment.

Regards,

Claire Newman

Claire Newman

Kanji & Katzen, P.L.L.C.

811 1st Ave., Suite 640

Seattle, WA 98104  |  kanjikatzen.com

NOTE: Word file was converted to PDF for upload into SmartComments (BB).

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Section 7, regarding the actions for incomplete changes development schedules should clarify what happens in cases where a change has been partially completed. The third bullet hints at one potential outcome, but does not provide a scenario where som...↓e of the authorized change has been completed BUT not all and that "unconverted" portion is still in good standing. For example, a partial conversion from irrigation to domestic while the original use continued to use the balance. The policy should state that rights can be partially changed, and the result would be one or more superseding documents that reflects the change (to the extent changed) and the standing of the balance (if still in good standing). Further an applicant can withdraw (cancel) a change authorization in which case the right reverts to the previously issued authorization.↓

The definition for Superseding document is confusing and does not seem accurate. A modification that results solely from a correction should always result in an AMENDED document, not a superseded document. Superseded documents should only be issued a...↓s a result of an Application for Change.↓