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
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t
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o'Commissionsr
ATTEST:
4{f o",o\,,{
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rj4u.t'-ho I t. -E Cterk Jrn" lY.'u,,u- ruG r<lurwif -
Bii{fputy Clerk of the Board- Mandy Buohholz