REGULATORY DEVELOPMENTS

July 2007

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Washington Department of Ecology’s Draft ‘Enlargement’ Policy Prompts Scrutiny of State’s Approach to Water Right Changes

On April 10, 2007, the Washington Department of Ecology (Ecology) solicited public comment on a new draft policy on “enlargement” in the context of water right changes and transfers. The draft policy, which would impose a very broad prohibition against changing “the attributes or scope of a water right beyond the limits of the original intent,” has been roundly criticized. The bulk of the criticism focuses on inconsistencies between the draft policy and Washington’s rules governing water right changes and transfers. The agency has not yet announced whether it will revise the policy, issue the policy as currently drafted, or shift its focus toward the legislature. The draft policy has prompted considerable discussion about the state’s approach to changing and transferring water rights.