Training Writing the Report of Examination ROE Scott Turner Water Resources Program Central Regional Office s cottturnerecywagov WAC 173153130 1 through 3 How are records of decision and reports of examination made by a water conservancy board ID: 775640
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Slide1
Water Conservancy Board TrainingWriting the Report of Examination (ROE)
Scott Turner
Water Resources Program
Central Regional Office
s
cott.turner@ecy.wa.gov
Slide2WAC 173-153-130 (1) through (3)How are records of decision and reports of examination made by a water conservancy board?
Adopted by a majority voteMust be in writingApprovals and denials must issue to both the applicant and ecology Becomes part of the public recordSubject to review and final approval by ecology
Slide3WAC 173-153-130 (4)What is included in a record of decision?
ROD must
be prepared on
Ecology form
number
040-105 provided on-line:
https://fortress.wa.gov/ecy/publications/SummaryPages/ECY040105.html
States the conclusion
of the board as to whether the application is denied or approved
Serves as record
of the individual vote or abstention of each participating commissioner
Slide4Slide5WAC 173-153-130 (5) through (8)What is included in a report of examination?
(5) It is the responsibility of the water conservancy board to ensure that all relevant issues identified during its evaluation of the application, or which are raised by any commenting party during the board's evaluation process, are thoroughly evaluated and discussed in the board's deliberations. These discussions must be fully documented in the report of examination.
Slide6WAC 173-153-130 (5) through (8)What is included in a report of examination?
(6) The report of examination will consist of
…Water
Conservancy Board Report of Examination, form number
040-106…
The first three pages (
i
– iii) are detailed instructions for completing the ROE
Download the most recent version of
form
040-106 from Ecology’s website:
https://fortress.wa.gov/ecy/publications/SummaryPages/ECY040106.html
Choose the Microsoft WORD format rather than the .pdf/
A
crobat version
Provide Ecology with a single-sided (not duplex) hard copy for Ecology’s file
Slide7Slide8WAC 173-153-130 (5) through (8)What is included in a report of examination?
(6
)(f)
Within a section entitled
"provisions
"
:
Any
conditions and limitations recommended as part of an approved transfer, and/or any other corrective action necessary to maintain the water use in compliance with state laws and
regulations;
https://ecology.wa.gov/About-us/Our-role-in-the-community/Partnerships-committees/Water-Conservancy-Boards
Slide9WAC 173-153-130 (5) through (8)What is included in a report of examination?
(7
) Ecology may request additional information from the water conservancy board regarding the application and the board's decision, in addition to the requirements of subsection (6) of this section.
Slide10WAC 173-153-130 (5) through (8)What is included in a report of examination?
(8) A board's record of decision must clearly state that the applicant is not permitted to proceed to act on the proposal until ecology makes a final decision affirming, in whole or in part, the board's recommendation. However, if ecology does not act on a board's recommendation within the time frame established in RCW 90.80.080, the applicant is allowed to initiate the water right transfer pursuant to the board's record of decision after that period of time has expired. It is advised that the applicant not proceed until the appeal period of ecology's decision is complete, in compliance with WAC 173-153-180.
Slide11Applications
Application for Change/Transfer
Record of Decision
Application for Change/Transfer – ROE Instructions and Form
(Both in Notebook Tab 9 Y )
Slide12Writing the Report of Examination (ROE)
Questions?