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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: July 24, 2023 <br />TOPIC: Water Budget Neutral Determinations <br />ACTION REQUESTED: Direction to Staff <br />LEAD STAFF: <br />Arden Thomas <br />RECOMMENDATION: <br />Direct staff to determine implications on fee requirements to start providing Water <br />Budget Neutral Determination. <br />BRIEFING SUMMARY: <br />• Some groundwater uses do not require a water right permit from Ecology. While a <br />water right permit is not required, per Kittitas County's Growth Management Act <br />settlement agreement, new uses within the Yakima Basin must still be Water <br />Budget Neutral ("WBN') and mitigate local stream impacts. <br />• Per the Washington Administrative Code, the Department of Ecology must make <br />WBN Determinations within the upper county rule area. The Department of <br />Ecology has also been providing WBN determinations outside the upper county <br />area, in "lower county.". <br />• County and Ecology staff have been in discussions about transferring lower <br />County WBN determination responsibilities to Kittitas County within the Green <br />Zones. <br />• To start providing this service, Kittitas County needs to identify appropriate fees <br />and set a public hearing to consider fee adoption. <br />• Kittitas County can provide better customer service related to review timelines <br />but may still require Ecology technical assistance for more unique mitigation <br />needs. <br />BACKGROUND: <br />Kittitas County enacted revisions to KCC 13.35.027 Permanent Measures to comply with <br />our 2014 Settlement Agreement for Growth Management Act compliance. KCC <br />13.35.027 requires Kittitas County verify that all new uses of groundwater within the <br />Yakima Basin have either: 1) a letter from a water purveyor stating that the purveyor has <br />adequate water rights and will provide the necessary water for the new use; 2) an <br />adequate water right for the proposed new use; or 3) a certificate of water budget <br />neutrality or other adequate interest in water rights from a water bank. The Upper County <br />Ground Water Rule Chapter 173-539A WAC requires that the Department of Ecology <br />makes Water Budget Neutral ("WBN") determinations within the Upper County Rule <br />Page 1 of 2 <br />PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT <br />