2024-12-23-minutes-public-works-and-cds-study-session

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Office of Columbia River December 7, 2024 PRO 1000 (Page 8) IV. ASSIGNMENT OF APPLICATIONS An application may be assigned to another person or persons by the applicant, upon written consent of the department, using Ecology's Assignment of Application or Permit to Appropriate or Store Water form. No such assignment(s) shall be binding unless properly filed with Ecology along with the appropriate fee (RCW 90.03,310). Assignments are noted on either the application or permit. Assignment is not required when an applicant or permit holder changes his/her name (e.g, due to marriage, divorce, or corporate name change). In these cases, a memorandum to the file is made and a ministerial amendment is made to the document. Our second request is the place of use and point of withdrawal amendment. Ecology adopted WAC 508-12 governing the Administration of Surface and Groundwater Codes, which outlines the process for such amendments. Our goal in this section is to demonstrate that our amendment can be successfully processed by Ecology concurrent with our assignment request. WAC 508-12-190(1) describes the process for amending place of use and point of diversion for surface applications, and WAC 508-12-220 extends this same process to groundwater applications (see below, including relevant underlined section). WAC 508-12-190(1) Surface water appropriation procedure —Amendments as to source, quantity, etc. (1) In the event an applicant or permittee should desire to amend the terms of his application or permit regarding source, quantity, point of diversion, purpose, or place of use, the procedure shall be as outlined in RCW 90.03.380 excepting that no certificate of change will issue but the amendments shall be incorporated in the terms of the permit. WAC 508-12-220 Groundwater appropriation procedure —Applicability of foregoing rules. The general application of rules numbered WAC 508-12-080 through 508-12-210 inclusive on surface water applications, shall also apply to the groundwater appropriation procedure. The rule requires the same analysis as that completed in RCW 90.03.380. The standard of review is a finding of no impairment (see underlined sections below). RCW 90.03.380 (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existingrights. ights. The Page 3