(1) No withdrawal or diversion of water shall be made unless the measuring devices and facilities are in proper operating condition, except when:
- (a) A measuring device or facility is being repaired according to the requirements of subsection (2) or (3) of this section; and
- (b) The responsible party uses a substitute measuring device or other method to measure the diversion or withdrawal or to provide a reasonable estimate thereof.
- (2) Upon discovery of a malfunctioning measuring device or facility, the responsible party shall repair the device or facility and make them operable as soon as possible.
- (3) If a responsible party does not comply with WAC 173-173-090(2), the department may order that a measuring device or facility be repaired or replaced within a specified time period.
- (4) Measuring devices and facilities must register and be calibrated for the full range of discharge from the diversion or withdrawal for which they are to be used.
- (5) On an open channel diversion, all flow diverted shall be measured as close to the point of diversion as possible.
- (6) There shall be no turnouts or diversions between the source of water and the measuring devices and facilities, except for faucets or other small outlets that have a de minimis effect on the diversion or withdrawal.
- (7) In those cases where wells are authorized for the purpose of supplementing surface waters with water from combined sources, both sources of water shall be metered.
- (8) In the case of intermittent artesian wells, the meter shall be installed in a manner that will measure both pumped and flowing discharge.
[Statutory Authority: RCW 90.03.360, 90.44.050, [90.44.]250, [90.44.]450 and chapter 43.21A RCW. WSR 02-02-017 (Order 00-01), § 173-173-090, filed 12/21/01, effective 1/21/02.]