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Updated Bylaws KCWCB
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2024
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07. July
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2024-07-02 10:00 AM - Commissioners' Agenda
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Updated Bylaws KCWCB
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Last modified
6/27/2024 12:34:26 PM
Creation date
6/27/2024 12:32:45 PM
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Meeting
Date
7/2/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Amending the Kittitas County Water Conservancy Board Bylaws
Order
2
Placement
Consent Agenda
Row ID
119620
Type
Resolution
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County shall purchase Errors and Omissions policies for each of the appointed Water Board <br />members and their staff. <br />4.2 The Water Board provides a water transfer exchange through which water right holders may <br />seek a formal water right transfer of all or part of their legitimately established water right. The <br />Water Board may review water right transfer proposals that involve all types of water transfers and <br />changes, including short-term or long-term transfers (leases), or permanent water transfers. The <br />Water Board may make decisions on (conditionally approve) transfers involving a change in place <br />of use, point of diversion or withdrawal, purpose of use, time of use, and quantity permitted. All <br />decisions of the Water Board shall be based solely upon established water law and shall be made <br />subject to existing rights. <br />4.3 The Water Board may make decisions on (conditionally approve) the transfer of a water right <br />or claim filed under Chapter 90.14 RCW that has not been adjudicated; but neither the Water <br />Board's approval of a transfer, nor the Director of Ecology approval of the Water Board's action <br />constitutes and adjudication of the validity, priority, or quantity of the transferor's water right, and <br />such approvals do not preclude or prejudice a subsequent challenge to the transferor's water right. <br />4.4 Approval by the Water Board of an application for a water right transfer functions as an open <br />water exchange. The Water Board will establish policies and procedures for administration of a <br />system of timely conditional approvals for water transfers, consistent with its water exchange <br />function. <br />4.5 The Water Board shall maintain all information made available to it concerning water rights <br />before the Water Board during the processing period. All original documents, the Report of <br />Examination (ROE) and Record of Decision (ROD) shall be forwarded to the Department of <br />Ecology and be maintained in the Department of Ecology offices and are public documents subject <br />to public review. <br />4.6 Application to the Water Board for water transfers shall be made on a form provided by, or <br />reviewed and approved by, the Department of Ecology, shall contain sufficient information as <br />required by the Water Board to act upon the application. The application shall include information <br />sufficient to establish to the Water Board's satisfaction the transferor's right to the quantity of water <br />being transferred, a description of any applicable limitations on the right to use water, including <br />the point of diversion or withdrawal, place of use, source of supply, purpose of use, quantity of use <br />permitted, time of use, and place of storage. <br />The decision by a water right transfer applicant to apply to the Water Board, as opposed to seeking <br />direct review by the Department of Ecology, is solely at the discretion of the applicant. <br />4.7 The water transfer applicant may apply to the Water Board for conditional approval of the <br />transfer if the water proposed to be transferred is currently diverted or used within Kittitas County, <br />or if it would be used within Kittitas County with transfer approval. In the case of a proposed <br />water transfer in which water is currently diverted or would be diverted outside of the geographic <br />boundaries of Kittitas County, the Water Board shall hold a public meeting or hearing on the <br />transfer within such other county, and it may hold a public meeting or hearing within Kittitas <br />
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