1. (1) Ecology recognizes that rainfall patterns, and the rain shadow effect of the Olympic Mountains, affect water availability in WRIA 17. In addition, population growth patterns in WRIA 17 have historically shown highest growth in areas with less rainfall. For these reasons, ecology recognizes that future water right applicants may request using water from one subbasin in a different subbasin, and that such out of subbasin water use may have lasting effects on the community. Such use may occur only if consistent with all applicable requirements of state and federal law.

2. (2) An applicant for a water right that includes out of subbasin water use shall:

   1. (a) Provide the public an opportunity to review and comment on the proposed application. The applicant shall:

      • Advertise and convene a public meeting to explain the proposal; and

      • Allow for public comment on the potential for the proposed use to be harmful to the public interest.

   2. (b) The applicant shall provide ecology a report which identifies:

      • Alternatives examined;

      • Any alternatives/modifications that the applicant has rejected and why; and

      • Any alternatives/modifications that the applicant accepts and, if relevant, have been made.

   3. (c) The report in (b) of this subsection shall also summarize the comments received through the public meeting in (a) of this subsection on the potential for the proposed use to be harmful to the public interest.

[Statutory Authority: Chapters 90.54, 90.22, 90.82, 90.03, and 90.44 RCW. WSR 09-24-080 (Order 04-02), § 173-517-210, filed 11/30/09, effective 12/31/09.]