Revised Code of Washington
Chapter 43.21A - Department of Ecology.
43.21A.064 - Powers and duties—Water resources.

RCW 43.21A.064
Powers and duties—Water resources.

Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;
(2) Insofar as may be necessary to assure safety to life or property, the director shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;
(3) The director shall regulate and control the diversion of water in accordance with the rights thereto;
(4) The director shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;
(5) The director shall, if requested, provide assistance to an applicant for a water right in obtaining or developing an adequate and appropriate supply of water consistent with the land use permitted for the area in which the water is to be used and the population forecast for the area under RCW 43.62.035. If the applicant is a public water supply system, the supply being sought must be used in a manner consistent with applicable land use, watershed and water system plans, and the population forecast for that area provided under RCW 43.62.035;
(6) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. The director shall keep a seal of the office, and all certificates covering any of the director's acts or the acts of the director's office, or the records and files of that office, under such seal, shall be taken as evidence thereof in all courts;
(7) The director shall render when required by the governor, a full written report of the office's work with such recommendations for legislation as the director deems advisable for the better control and development of the water resources of the state;
(8) The director and duly authorized deputies may administer oaths;
(9) The director shall establish and promulgate rules governing the administration of chapter 90.03 RCW;
(10) The director shall perform such other duties as may be prescribed by law.

[ 1997 c 443 § 2; 1995 c 8 § 3; 1977 c 75 § 46; 1965 c 8 § 43.21.130. Prior: 1961 c 19 § 1; prior: (i) 1951 c 57 § 3; 1921 c 7 § 72; RRS § 10830. (ii) 1951 c 57 § 3; 1917 c 117 § 8; RRS § 7358. Formerly RCW 43.21.130.]
NOTES:

Finding—Intent—1997 c 443: "The legislature finds that there is a need for development of additional water resources to meet the forecasted population growth in the state. It is the intent of chapter 443, Laws of 1997 to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water supply systems can be accomplished through assistance in the creation of municipal interties and transfers, additional storage capabilities, enhanced conservation efforts, and added efficiency standards for using existing supplies." [ 1997 c 443 § 1.]


Findings—1995 c 8: "The legislature finds and declares:
(1) The federal energy regulatory commission, under the federal power act, licenses hydropower projects in navigable waters and regularly and extensively inspects facilities for safety; and
(2) Nothing in this act alters or affects the department of ecology's authority to: (a) Participate in the federal process of licensing hydropower projects; or (b) ensure that hydropower projects comply with federal statutes such as the coastal zone management act and the clean water act and, subject to RCW 43.21A.068, all applicable state law." [ 1995 c 8 § 1.]


Review of permit applications to divert and store water, water flow policy: RCW 77.57.020.


Water power development, license fees: RCW 90.16.050, 90.16.060, 90.16.090.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.21A - Department of Ecology.

43.21A.005 - Intent—Public involvement and outreach.

43.21A.010 - Legislative declaration of state policy on environment and utilization of natural resources.

43.21A.020 - Purpose.

43.21A.030 - Definitions.

43.21A.040 - Department of ecology—Created.

43.21A.050 - Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.

43.21A.061 - Powers and duties—Reclamation.

43.21A.064 - Powers and duties—Water resources.

43.21A.067 - Water resources—"Basic data fund" created.

43.21A.068 - Federal power act licensees—Exemption from state requirements.

43.21A.069 - Powers and duties—Flood control.

43.21A.070 - Application of administrative procedure act to the review of decisions by director.

43.21A.080 - Rule-making authority.

43.21A.081 - Five-year formal review process of existing rules.

43.21A.085 - Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.

43.21A.087 - Technical assistance officer and units—Authority to issue orders or assess penalties.

43.21A.090 - Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.

43.21A.100 - Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.

43.21A.120 - Director to employ personnel—Application of state civil service law.

43.21A.130 - Studies—Limitations.

43.21A.140 - Director to consult with department, state board of health.

43.21A.150 - Director to consult with other states, federal government, and Canadian provinces—Authority to receive and disburse grants, funds, and gifts—Department's website list of interagency agreements.

43.21A.155 - Environmental excellence program agreements—Effect on chapter.

43.21A.160 - Request for certification of records as confidential—Procedure.

43.21A.165 - Environmental technology—Review of certification programs—Demonstration activities.

43.21A.175 - Environmental certification programs—Fees—Rules—Liability.

43.21A.230 - Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department.

43.21A.235 - Exemption from laboratory certification and fee requirements.

43.21A.350 - Master plan of development.

43.21A.355 - Master plan of development—Public hearings.

43.21A.405 - Marine pollution—Baseline study program—Legislative finding and declaration.

43.21A.410 - Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.

43.21A.415 - Marine pollution—Baseline study program—Scope of database produced.

43.21A.420 - Marine pollution—Baseline study program—Priority factors.

43.21A.430 - Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers restricted in respect thereto.

43.21A.440 - Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.

43.21A.445 - Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments.

43.21A.450 - Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized.

43.21A.470 - Yakima enhancement project—Duties—Request for congressional authorization for pipeline.

43.21A.510 - State environmental profile.

43.21A.515 - Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided.

43.21A.520 - Environmental excellence awards program for products.

43.21A.600 - Powers and duties—Electric power resources.

43.21A.605 - Development of electric power resources—Cooperation with governmental units.

43.21A.610 - Steam electric generating plant—Study—Construction.

43.21A.612 - Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development.

43.21A.614 - Steam electric generating plant—Powers of director in constructing, operating and maintaining.

43.21A.616 - Steam electric generating plant—Eminent domain.

43.21A.618 - Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.

43.21A.620 - Steam electric generating plant—Revenue bonds and warrants.

43.21A.622 - Steam electric generating plant—Special funds—Payment of bonds, interest.

43.21A.624 - Steam electric generating plant—Considerations in issuance of bonds, limitations.

43.21A.626 - Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.

43.21A.628 - Steam electric generating plant—Sale of bonds.

43.21A.630 - Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities.

43.21A.632 - Steam electric generating plant—Rates or charges.

43.21A.634 - Steam electric generating plant—Refunding revenue bonds.

43.21A.636 - Steam electric generating plant—Signatures on bonds.

43.21A.638 - Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.

43.21A.640 - Steam electric generating plant—Bonds are legal security, investment, negotiable.

43.21A.642 - Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution.

43.21A.650 - Freshwater aquatic weeds account.

43.21A.660 - Freshwater aquatic weeds management program.

43.21A.662 - Freshwater aquatic weeds management program—Advisory committee.

43.21A.667 - Aquatic algae control account—Freshwater and saltwater aquatic algae control program.

43.21A.680 - Solid waste plan advisory committee abolished.

43.21A.681 - Geoduck aquaculture operations—Guidelines—Rules.

43.21A.690 - Cost-reimbursement agreements.

43.21A.700 - Transfer of ownership of department-owned vessel—Review of vessel's physical condition.

43.21A.702 - Transfer of ownership of department-owned vessel—Further requirements.

43.21A.711 - Used oil contaminated with polychlorinated biphenyl—Petition for reimbursement of extraordinary costs—Processing and prioritizing petitions—Prioritized list to the legislature.

43.21A.721 - Grants to emergency responders—Assistance to meet the requirements of chapter 274, Laws of 2015.

43.21A.730 - Office of Chehalis basin.

43.21A.731 - Chehalis board.

43.21A.732 - Chehalis basin strategy.

43.21A.733 - Chehalis basin account.

43.21A.734 - Chehalis basin taxable account.

43.21A.735 - Cannabis science task force.

43.21A.736 - Cannabis product testing—Fees—Rules.

43.21A.738 - Improvements to permitting processes for industrial projects and facilities—Recommendations—Greenhouse gas emissions limits.

43.21A.740 - Environmental justice obligations of the department of ecology.

43.21A.900 - Chapter to be liberally construed.

43.21A.910 - Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.