Section 173-153-140 - What is the process for notifying parties of a record of decision and report of examination?Who is notified of a board's record of decision and report of examination?
(1) Ecology shall identify to all boards the ecology designated regional representative for receipt of each board's records of decision. Boards shall hand deliver or send by mail records of decision and reports of examination to: (b) The ecology regional office;(c) Any person who protested the transfer;(d) Any person who requested notice of the board's record of decision;(e) Any tribe with reservation or trust lands contiguous with or wholly or partly within the area of jurisdiction of the board; and(f) Any commenting agency or tribe. How is the record of decision and report of examination transmitted?
(2) Within fifteen business days of a board's decision, the board shall simultaneously mail a copy of the record of decision and the report of examination to all parties identified in subsection (1) of this section. A paper copy of the following shall simultaneously be mailed or delivered to the ecology designated regional representative: (a) The record of decision;(b) The report of examination;(e) Attachments to the application. The board shall state to the parties receiving the record of decision and report of examination that it has been simultaneously sent to ecology. Whenever boards have the capacity to do so, they must transmit a signed electronic copy of the record of decision and report of examination to the ecology regional office on the same day that copies of the decision are mailed or hand-delivered.
(3) As stated in WAC 173-153-130, boards must fully document their process of arriving at a record of decision regarding water right transfer applications. Once the board has concluded its work on a water right transfer application, the board must submit to ecology, within fourteen days after the completion of ecology's review period, any remaining original documents not previously submitted to ecology in accordance with subsection (2) of this section, and any documents received or developed by the board related to its deliberations regarding the application upon which it has made a decision. All documents submitted shall be clearly marked with the board-assigned water right change application number on the water right transfer application pursuant to WAC 173-153-070(7). As noted, the original versions of these documents must be provided to ecology; copies are not acceptable for submission. These documents must be sent to the ecology regional office designated by ecology. The board may retain a copy of all of the above-mentioned documents. After the board completes its business on a water right transfer application, and upon submission to ecology of all records related to the application file, ecology shall be responsible for public records requests related to that file.(4) Any comments received by a board regarding its record of decision within thirty days after ecology's final decision must be forwarded to ecology within five business days of the board's receipt of such comments by the board. For the purposes of this subsection, the term "receipt" refers to the act of a board commissioner or designated administrative support person for the board picking up the board's mail. These comments must be submitted by the board to the ecology regional office.Wash. Admin. Code § 173-153-140
Statutory Authority: RCW 90.80.040. 06-18-102 (Order 05-18), § 173-153-140, filed 9/6/06, effective 10/7/06; 03-01-039 (Order 01-13), § 173-153-140, filed 12/9/02, effective 1/9/03. Statutory Authority: Chapter 90.80 RCW. 99-23-101 (Order 98-11), § 173-153-140, filed 11/17/99, effective 12/18/99.