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Ecology to publish draft policy implementing 2024 HB 1752 on Columbia Basin Project water‑right changes
Summary
Ecology said it will release a public draft in February clarifying how it will implement House Bill 1752 (amending RCW 90.03.380) to exempt certain Bureau of Reclamation Columbia Basin Project state water rights from annual consumptive quantity evaluations; the draft will distinguish project‑authorized uses (seepage/return flows) from state‑issued rights and will be open for public comment.
Dave (Ecology Water Resources Division) briefed PAG members on agency work to implement House Bill 1752 (2024), which amended RCW 90.03.380 to exempt the Bureau of Reclamation’s state‑issued Columbia Basin Project water rights from the statute’s annual consumptive‑quantity evaluation requirement for changes. Ecology staff said the statutory change did not remove other water‑rights requirements such as impairment reviews and SEPA where applicable.
Dave explained that long‑standing case law (Ecology v. Bureau of Reclamation, 1992) has limited Ecology’s authority over Bureau‑managed authorized uses (for example seepage and return flows captured and re‑used under project contracts). The policy draft will aim to clarify procedures for processing state‑permitted water‑right changes, identify which project uses remain outside Ecology’s change‑of‑use authority, and provide certainty for water users and Reclamation.
He said Ecology has been consulting with Reclamation and Columbia Basin irrigators, has completed scoping and expects an initial internal draft by the end of the month, a public review draft in February, a comment period in March, and potential finalization in March or April. Ecology offered to return to PAG after the public comment draft is released and noted the group’s April meeting (April 23 in Ellensburg) could be used for additional conversation.
Why this matters: the policy will affect how changes to water‑use patterns within the Columbia Basin Project area are evaluated administratively and could influence contract and project management decisions for irrigation districts served by Reclamation.
Next steps: Ecology to release public review draft, accept comments through March, and consider additional PAG briefings during the review period.
