§ 77.55.301. Hydraulic appeals board -- Members -- Jurisdiction -- Procedures
(1) There is created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.
(2) The board consists of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department. A decision must be agreed to by at least two members of the board to be final.
(3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.
(4) The board shall make findings of fact and prepare a written decision in each case decided by it. The finding and decision shall be effective upon being signed by two or more board members and upon being filed at the board's principal office, and shall be open to public inspection at all reasonable times.
(5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a permit issued by the department: (a) Under the authority granted in RCW 77.55.021 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; (b) under the authority granted in RCW 77.55.241 for off-site mitigation proposals; (c) under the authority granted in RCW 77.55.141; or (d) under the authority granted in RCW 77.55.181.
(6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a permit under RCW 77.55.021 may, except as otherwise provided in chapter 43.21L RCW, seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of the permit.
(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.
[2005 c 146 § 801; 2003 c 393 § 21; 2000 c 107 § 20; 1996 c 276 § 2; 1993 sp.s. c 2 § 37; 1989 c 175 § 160; 1988 c 272 § 3; 1988 c 36 § 37; 1986 c 173 § 4. Formerly RCW 77.55.170, 75.20.130.]
Notes:
Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
Implementation -- Effective date -- 2003 c 393: See RCW 43.21L.900 and 43.21L.901.
Effective date -- 1993 sp.s. c 2 § § 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability -- 1993 sp.s. c 2: See RCW 43.300.901.
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Severability -- 1988 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 272 § 6.]
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Last modified: April 7, 2009