Resolution Amending the Kittitas County Water Conservancy Board Bylaws

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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.