REGULATORY DEVELOPMENTS

October 2004

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Washington State Pollution Control Hearings Board Issues Rulings—Department of Ecology Establishes Policy for Determining Water Rights in Washington

Several recent actions have clarified rules for quantifying water transfers in Washington. The first was a Pollution Control Hearings Board decision issued on the on the appeal of a water right transfer in Protect Our Water v. Islanders for Responsible Water Management, Department of Ecology and King County Water District No. 19, PCHB No. 03-102 (Aug. 26, 2004). The other actions are the recent adoptions of a policy statement and a procedure statement by the Department of Ecology concerning Evaluation of Changes to Enable Irrigation of Additional Acreage or the Adoption of New Purposes of Use to Existing Water Rights (Policy 1210) and Calculating and Applying the Annual Consumptive Quantity (ACQ) (Procedure 1210), both posted July 12, 2004.