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HomeMy WebLinkAboutResolution Amending the Kittitas County Water Conservancy Board BylawsBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION 2024- ll1 Resolution Amending Resolution 2011-031 Regarding the Kittitas County Water Conservancy Board Bylaws & Terms. WHBREAS:Kittitas County Commissioners established the Kittitas County Water Conservancy Board through the passage of Resolution No. 2000-88 and approved Bylaws governing its operation: and WHERBAS:The Kittitas County Commissioners affirmed the continued operation of the Water Conservancy Board through Resolution No. 2004 -94, noting they shall cease operations once all applications received prior to August 17 ,201 t have been processed, unless the Board of County Commissioners take action in a public meeting to affirm the continued operations of the Water Conservancy Board: and WHEREAS:On November 1 6,2004 at 4:00 p.m. the Kittitas County Board of Commissioners held a public hearing to consider public testimony on a request from the Kittitas County Water Conservancy Board to amend their Bylaws in Section 3.2 "Water Board Members and Funding", to increase the number of alternate members from one to two members. At that time the Board of County Commissioners determined it to be in the best of interest of the public to amend the Bylaws for the Kittitas County Water Conselancy Board: and WHEREAS:On March 3,2011 staff received a request from the Department of Ecology to amend Resolution2004-127 to bring the Alternate Positions on the Water Conservancy Board members to a six-year term formally since Resolution2004-127 noted them to be four-year terms; and On June l, 2024 staff received a request from Chery Byers, Water Conservancy Board Clerk to amend Resolution 2011-031 with needed operating updates; and WHEREAS: WHEREAS: the Kittitas County Board of Commissioners finds it to be in the public interest to approve the amended Bylaws for the Kittitas County Water Conservancy Board; and NOW THEREFORE, BE IT RESOLVED That the Kittitas County Board of Commissioners hereby adopts the amendments to the Kittitas County Water Conservancy Board Bylaws section 4.13 and adding section 4.14. Dated this 2nd day of July 2024. BOARD OF CO COMMISSIONERS AS CO ,w TON th, Chairman Chairman Wright, Commissioner S",.,ul.o *,\JulieJGe+svik, Clerk of the Board *T)e'pv fY\tr$t>'t frwvl{alT Bylaws of the Kittitas County Water Conservancy Board Section 1.0 Authorization for Kittitas County Water Conservancy Board 1.1 As approved by Resolution of the Kittitas County Commissioners, the Kittitas County Conservancy Board (Water Board) is established as a public body corporate and politic, a separate unit of local government in Washington State, as authorized under Chapter 90.80 of the Revised Code of Washington (RCW). Conduct and operations of the Water Board shall in in compliance with Chapter 90 80 RCW and are subject to review by the Director of the Washington State Department of Ecology (Director of Ecology). Section 2.0 Water Board Purposes, Powers, and Objectives 2.1 The legislature determined that the State should expedite the administrative process for noncontested or voluntary water right transfers among water right holders, conveying greater operational control to local water managers and water right holders through the creation of water conservancy boards. The Water Board shall have the powers and authority as granted under Chapter 90 80 RCW as amended. 2.2 Voluntary water right transfers between water users can reallocate water use in a manner that will result in more efficient use of water resources; can help alleviate water shortages, save capital outlays, and reduce development costs; and will provide an incentive for investment water conservation efforts by water right holders. Conservation measures, whether privately funded or publicly funded, shall not be construed as grounds for relinquishment of any portion, or use, of the water right. Section 3.0 Water Board Members and Funding 3.1 The Kittitas County Water Conservancy Board was created by the adoption of Resolution by the Kittitas County Commissioners (Exhibit l) and the Department of Ecology as required by RCW 90.80 030 3.2 The Water Board shall consist of three commissioners and two alternates appointed by the Kittitas County Commissioners to serve six-year terms, with an initial Water Board chair selected by the Board of Commissioners and subsequently elected by its members. The terms for initial appointments to the Water Board shall be staggered to serve as two-, four-, and six-year terms, respectively, from the date of appointment. Water Board appointments are within the discretion of the Kittitas County Commissioners. Vacancies in the Water Board shall be filled through appointment by the Kittitas County Commissioners, who shall advertise any vacancies to the Water Board in the paper of record for the county and accept applications and nominations for appointment. The Board of County Commissioners may remove any Water Board member for inefficiency, neglect of duty or malfeasance in offrce. 3.3 The Water Board Commissioners shall serve without compensation but are entitled to be reimbursed for necessary travel expenses in accordance with RCW 43.03.050 and 43.03.060 and costs incident to training. 3.4 No Water Board Commissioner may participate in Water Board decisions taking action on proposed water transfers until he or she has successfully completed the necessary training related to water translers within the state. Minimum training requirements will be defined by the Washington State Department of Ecology. 3.5 A Water Board Commissioner who has an ownership interest in a water right subject to an application for transfer before the Water Board shall not participate in the review process or the Water Board's certification decision as a commissioner but shall recuse him or herself. A recused commissioner may participate and testify as a witness. A Water Board Commissioner, who is an employee of a public or private water purveyor which has ownership interest in a water right subject to an application for transfer before the Water Board, shall not participate in the review process or the Water Board's certification decision, as a commissioner, but shall recuse him or herself. A recused commissioner may participate and testify as a witness. 3.6 The Water Board constitutes an independently funded entity possessing those powers provided by law; including those powers enumerated in RCW 90.80.060 and shall provide for its own funding as determined by the Water Board Commissioners. Each applicant or a water right transfer shall reimburse the Water Board for all reasonable and necessary costs associated with investigation and approval of the proposed application; provided, however, that neither the applicant nor the Water Board shall be responsible for any third-party costs. Reimbursement of staff costs shall be based on the hourly salary of the staff assigned to the Water Board and shall be billed in quarter hour increments. The Water Board also may accept grants or stipends, and it may adopt fees for processing applications for transfers of water rights; or provide for funding under other lawful means, as approved by the Water Board. The Water Board may not impose taxes or acquire properfy by the exercise of eminent domain. All financial transactions, including funding for Water Board operations, will be approved during a board meeting, and carried out by the Water Board or its designees. Section 4.0 Water Board Operations 4.1 The Water Board will determine a schedule for meetings and the conduct of business, with public notice of meetings published on the Kittitas County Board of County Commissioners Water Conservancy Board webpage; Water Board activities are subject to the open public meeting act under Trtle 42 RCW. Water Board meetings will be recorded, and the minutes made available to the public upon request. The Water Board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or interest therein, and enter into and perform all necessary contracts; it may enter into contracts with or appoint necessary agents for professional services, or perlorm lawful acts required to carry out its management obligations; and the Water Board may sue or be sued. Kittitas County shall purchase Errors and Omissions policies for each of the appointed Water Board members and their staff. 4.2 The Water Board provides a water transfer exchange through which water right holders may seek a formal water right transfer of all or part of their legitimately established water right. The Water Board may review water right transfer proposals that involve all types of water transfers and changes, including short-term or long-term transfers (leases), or permanent water transfers. The Water Board may make decisions on (conditionally approve) transfers involving a change in place of use, point of diversion or withdrawal, purpose of use, time of use, and quantity permitted. All decisions of the Water Board shall be based solely upon established water law and shall be made subject to existing rights. 4.3 The Water Board may make decisions on (conditionally approve) the transfer of a water right or claim filed under Chapter 90.14 RCW that has not been adjudicated; but neither the Water Board's approval of a transfer, nor the Director of Ecology approval of the Water Board's action constitutes and adjudication of the validity, priority, or quantity of the transferor's water right, and such approvals do not preclude or prejudice a subsequent challenge to the transferor's water right. 4.4 Approval by the Water Board of an application for a water right transfer functions as an open water exchange. The Water Board will establish policies and procedures for administration of a system of timely conditional approvals for water transfers, consistent with its water exchange function. 4.5 The Water Board shall maintain all information made available to it concerning water rights before the Water Board during the processing period. All original documents, the Report of Examination (ROE) and Record of Decision (ROD) shall be forwarded to the Department of Ecology and be maintained in the Department of Ecology offices and are public documents subject to public review. 4.6 Application to the Water Board for water transfers shall be made on a form provided by, or reviewed and approved by, the Department of Ecology, shall contain sufftcient information as required by the Water Board to act upon the application. The application shall include information sufficient to establish to the Water Board's satisfaction the transferor's right to the quantity of water being transferred, a description of any applicable limitations on the right to use water, including the point of diversion or withdrawal, place of use, source of supply, purpose of use, quantity of use permitted, time of use, and place of storage. The decision by a water right transfer applicant to apply to the Water Board, as opposed to seeking direct review by the Department of Ecology, is solely at the discretion of the applicant. 4.'7 The water transfer applicant may apply to the Water Board for conditional approval of the transfer if the water proposed to be transferred is currently diverted or used within Kittitas County, or if it would be used within Kittitas County with transfer approval. In the case of a proposed water transfer in which water is currently diverted or would be diverted outside of the geographic boundaries of Kittitas County, the Water Board shall hold a public meeting or hearing on the transfer within such other county, and it may hold a public meeting or hearing within Kittitas County if the Water Board so desires, and shall reasonably attempt to coordinate the consideration of such transfer with the water conservancy board of such other county, if any. The Water Board shall publish notice of such hearing in a newspaper of general circulation in such other county at least 14 days prior to such hearing for the purpose of affording an opportunity for interested persons to comment on the transfer proposal. 4.8 The Water Board shall publish, or require the applicant to publish, a public notice of the proposed transfer of a water right in accordance with RCW 90.03.280, at least once a week for fwo consecutive weeks in a legal notice section of a newspaper of general circulation in at a minimum the county or counties of proposed water use, diversion, and storage of water. The notice shall include the time and place of the public meeting or hearing to be held on the proposed transfer. The Water Board may establish a fee to cover costs of providing notice to non-governmental parties. 4.9 Any person or entity may submit comments to the Water Board concerning the notice of the water transfer application. Any water right holder claiming detriment or injury (impairment) to an existing water right as a result of a proposed water transfer may formally intervene in the application process before the Water Board. When such intervention occurs, the Water Board shall receive or request from the party claiming injury such evidence as it deems necessary to determine the validity of the claim of impairment all at the sole cost and expense of the intervening party. If the intervener establishes by a preponderance of the evidence that his or her water right will be injured by the transfer, the Water Board may not approve the water transfer, unless the applicant and the impaired party agree on compensation for the impairment. 4.10 Pursuant to WAC 197-153-060(2Xb), if review of an application has begun and the Water Board determines that additional information is necessary in order to complete its review, the Water Board need not await the additional information before reviewing the next application awaiting action. However, should the Water Board request additional information from an applicant, the Water Board shall review the application at each subsequent meeting until the Water Board determines that the necessary information has been received. 4.11 Following a water right transfer application review, if a majority of the Water Board members determines that the application is complete, in accordance with the law and the transfer can be made without injury or detriment to existing water rights, the Water Board shall issue the applicant a Report of Examination (ROE) and Record of Decision (ROD) as approved by the Board, subject to review by the Director of Ecology. The Water Board's approval is not final and does not authorize the applicant to make the transfer until it also is approved, or approval is waived by the Director of Ecology. 4.12 If the Water Board approves a water right transfer application that is formally contested, by a water right holder claiming impairment, as creating an impairment under the Water Board's review process, then the Water Board shall submit notice of the Water Board's decision, by mail, to the party claiming impairment; and the Water Board will inform the party claiming impairment of the right to object to the Water Board's decision to the Director of Ecology. 4.13 When a transfer is approved by the Water Board, the Water Board is required to submit a copy of the Report of Examination conditionally approving the transfer to the Director of Ecology. The Water Board also shall submit a Record of Decision to the Director summarizing the information and findings on which the Water Board relied to approve the water transfer, including any objections filed to the water right transfer. The Director is required to review the Report of Examination and Record of Decision provided by the Water Board and has forty-five days to affrrm, reverse, or modify the Water Board's decision; if no action is taken by the Director within forty-five days of receipt of the Report of Examination and Record of Decision, the Water Board's decision is final. Exception, that forty-five-day time period may be extended an additional thirty days by ecology's director, or his or her designee, or at the request of the Water Board or applicant in accordance with RCW 90.80.080. Receipt is dated from the postmark date on mail delivery of the Report of Examination and Record of Decision to the Department of Ecology. Upon the Director's affirmation, the conditional certificate issued by the Water Board is final. 4.14. Pursuant to RCW 42.30.110, and especially (i), the Water Board may call for an Executive Session. No final action can be taken at this time; however, final action may be taken afterwards, in open session (RCW 42.30 generally). Section 5.0 Amendments to the Bylaws 5.1 These Bylaws may be altered or amended through an open public process before the Kittitas County Board of Commissioners. By June 30th of each year, the Water Board may make a formal recommendation, in writing, to the Board of County Commissioners requesting changes to the adopted Bylaws. The Board of County Commissioners shall schedule a public hearing to consider the proposed amendments, accept public testimony, and make a final decision to adopt or reject the amendments proposed by the Water Board by September 3Oth of each year. Section 6.0 Effective Date 6.1 Theses Bylaws shall take effect immediately, subject to review by the Director of Ecology, with the Directors review to be completed within forfy-hve days of receipt of the Kittitas County Commissioners' Resolution to form the Kittitas County Water Conservancy Board. Section 7.0 Sunset/Repeal of Water Board 7.1 The Board of County Commissioners shall maintain the authority to rescind the adopted Bylaws and to dissolve the Water Board after concluding the public hearing process. Section 8.0 Kittitas County Code 8.1 Kittitas County will defend and indemnify Committee members as provided for in Kittitas County Code Chapter 2.73 The Kittitas County Water Conservancy Bylaws have been reviewed and approved by the initiating Kittitas County Water Conservancy Board. b4tr'7 oL'/ Mark Crowley, Chair Date Approved Roberta Soltz, Board Member McCorrn The Kittitas County Water Conservancy Bylaws have been reviewed and approved by the initiating Kittitas County Water Conservancy Board. 6,t8-2024 Mark CrowleS Chair Date Approved 'Pu*'afc^"{'S*tQ ' ffi/Jassn McCormick, Board Member BOARD OF COI.JNTY COMNtrSSIONERS COUNTY OF KITTITAS STATE OF WASIIINGTON RESOLUTION NO.2001-t31 IN THE MATTER OF A}IENDING THE KITTITAS COUNTY WATER CONSERVAIICY BOARD BYLAWS }VHEREAS, WITEREAS, wrrEREAS, WHEREAS, wHEREAS, 1VHEREAS, 1YIIEREAS, Kittitas County Comsrissioners established the Kittilas County Water Conservancy BLud througb the passage of Resolution 2000-88 and approved bylaws govenaing its oPemtion; the adopted bylaws include an amendment process to facilitate updating and amending the bylaws as may become necessary; the Washington State Legislature passed ESI{B 1832 which substantially altered Title 90.80 nCW. This statutory amandment necessitated changes to the Water Conservancy B oard's bYlaws; on Jrrne 26,2001the Water Consen'ancy Board notified the Board of County Commissioners that amendments were being contemplated for the adopted bylaws; on September 4, 2001 the Water Conservancy Board transmitted the approved *.oi*.ots of the bylaws to the Kittitas Corurty Board of Commissioners for considcration. The Eoard of Commissioners subsequently scheduled a public hearing for September 18,2001 at 10:00 AIvI; the Kittitas County Commissioners held a public hearing to accept public testimony on the approved amendments to the bylaws on Septernber 18, 2001; the Kinitas County Commissioners finds it to be in the public interest to accept the asrended bylaws ficr the Kittitas County Water Conservancy Board; r 2-A BOARD OF COUNTY COMIIflSSIONERS COT'NTY OF KITITIAS STAIE OF WASHINGTON RESOLUTION No.2oo4-_.lL -l IN THE MATTER OF AI}IEbIDING TEE KITTTTAS COI'NTYWATER CONSERVANCY BOARI' BYLAWS wHEnEAs' $$r.:H$"ff*"J:ifiT,'.fff,H""1$# f'ffifr'#il'" 2000-88 and aplnoved Bylaws goveming its operation; and WHEREAS: the Kittitas cormty commissioners lffrmedtbc continucd opc,rntion of the *ater Conservency Bonrd through Rcsolution No. iO1+gl,noting thcy'shan ceasc operatiout once rll applications #ffi3:ffi##:#''#x'l$Tdl and *EEREA'' F:ffiH:*ff'ri;J'tHfr};H*ffi**9.?x*::, on a rcqu€st fiom thc Kittites Cormty Watsr Coscrvancy Board" ' Fffillt'slH'# ffi:i :f#;*"J$ffi r"* two manters; and WHEREAS: theKittibs CormtyBoard of Conmissioners finds ittobo iuthe public intvrest to aptprovc thc amended Bylaws for the Kittitas County Water Conservancy Board; and NO% THEREFORE BE IT RESIOL\rED tbat fte Kittit6s county Board of Comnissioncrs hrrcby adopts the amcndmcrnts to thc Kiftitas Corruty Watcr c;;-ry Board Bilsws Section 3.2, 'Thc Watcr Boatd shall consist oftbrcc Coinnissionerc rna two attcrnsui appointe.d by the Kittitss Cormty Conmissioners. -' '" and ,"rho tcrm of the gltornatc connissionet's shdl be four yerrs'. BOARD OX' COUNTY COMMISSIONER$ COUNTY OF KITTITA'S STATE OX'WASIIINGTON RESOLUTfON No.: 20ll- %I TO AMEND RESOLUTION 2004.127 REGA,RDINC THE KITTITAS COI'NTY WATER CONSSRVANCY BOARD BYLAWS & TERM'S WHEREAS: Kittitas Cormty Commissioners established the Kittitas County Waler Consewancy Board ttuough the passage of Resolution No. 2000-E8 and npproved Bylaws goveroing its operation: and WHEREAS: The Kittitas County Commissioners aftirmed the continued operation of the Water Consewancy Board through Resolution No. 2004-94, noting they shall cease operations once all applications received prior to August 17,2Ql1 have been processed, unless the Board of County Commissioners take action in a public rneeting to affirm the continued operations ol'the Water ConsewancY Board; and WHEREAS: On November 16,2004 at 4;00 p,m. the Kittita$ County Boud of Commissioners held a public lrcariog to coruider public testimony on a request fiom the Kittiras County Water Conscruancy Board to amencl their Bylaws in Section 3.2 "Water Board Menrbers and Funding", to increase the nurnber of alternate membenr from one to two members. At that time the Board of County Commissioners determined it to be in the best of interest of the public to amend the Bylaws for the Kittitas County Water ConservancY Board; and WHEREAS: On March 3. 201 I statT received a request from the DeParffient of Ecology to arnend Rcsolution 2004-127, to bring the Altemale Positions on the Watcr Conservancy Board members to a six year term fonnally since Resoluti on2004'1,27 noted them to be fbur year terms; and NOW, THEREFORE BE IT RESOLVED: That the Kititas County Boald of Commissioners hereby adopts the arnendrnents to the Kittitas County Water Couservancy Board Bylaws seerion 3.2, The Water Board shall consist of three Commissioners and two alremates appointed by the Kittitas County Comnrissioners, . . and '"The ternr of the alternate Commissioners shail be sl.r year's:. DATED this t5th day of March, 201 I at Ellensbttrg. Washington. BOARD OF COUNTY COMMISSIONER^S ,WASHINGTON Paul Chairman Crankovich, Vice-ChairmancAMa',(L- Obie O'Brien, Commissioner Julie A. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLt|'l'lOitj xo.zon- l6lt RESOLUTION DECLARING KITTITAS COUNTY BOAR.DS, COMMITTEES, AND COMMISSIONS OPERATING UNDER THE DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS SUBJECT TO THE OPEN PUBLIC MEETINGS ACT REQUIREMENTS WHEREAS, pursuant to Chapter 42.30 RCW, meetings of goveming bodies of public agencies must be open to the public; and WHEREAS, the governing body of Kittitas County, the Board of County Commissioners, has in accordance with state and local laws, appointed and or created numerous boards, committees, and commissions to aid in the fiansaction of County business; and WHEREAS, it is not always clear under the law, which of those boards, committees, and commissions are subject to the Open Public Meetings Act; and WHEREAS, the Open Public Meetings Act is constantly evolving through case law and legislative action; and WHEREAS, the Board of County Commissioners desires to uphold the requirements of the Open Public Meetings Act without undue burden or confusion as to the application of the Act, the Board finds that it is in the best interest of the County to declare the County boards, committees, and commissions operating under their direction, excluding any internal boards, committees, and commissions consisting only of County employees and not otherwise subject to the Open Public Meetings Act based on their own roles and duties, subject to the Open Public Meetings Act NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby declares that Kittitas County boards, committees, and commissions operating under the ir direction, but excluding internal staff only boards, committees, and commissions, are subject to the requirements of'the Open Public Meetings Act. il DATED tr,i, -f.{ l} aoy or', ,fl,{!-,krn..be.{-, - ..,2077, atEllensburg, washington. BON I{COIJNTY COMMISSIONERS Kt'NTY, WASHINGTON arrrnAn ... '{ , .: l'$Vice-Chairman /'/,/- ct{ ...<_- t {r.-' o'Commissionsr ATTEST: 4{f o",o\,,{ - rj4u.t'-ho I t. -E Cterk Jrn" lY.'u,,u- ruG r<lurwif - Bii{fputy Clerk of the Board- Mandy Buohholz