Water Right modifications over 1 CFS Have a Significant Impact

Mr. Taylor,

You're correct that the categorical exemption does not specifically
state that it applies to water right changes.  We have interpreted the
exemption to also cover water right changes that are one cubic foot per
second or less.  Since a water right for withdrawal of one cfs was
determined to not have a significant impact, it seems logical to say
that a water right change would also not have an impact.  

Like all of the categorical exemptions in the SEPA Rules, the water
right exemption is subject to the limitations in WAC 197-11-305.  If a
proposal requires other agency decisions that are not exempt from SEPA
review, then the water right is also not exempt.

A hydraulic project approval (HPA) is an "action" under SEPA.  However,
there is a categorical exemption under WAC 197-11-835 and WAC 197-11-840
that exempts HPAs when there is no other agency with jurisdiction and
the proposal does not involve removal of 50 or more cubic yards of
streambed materials or realignment into a new channel. (The SEPA Rules
have not been updated since Fisheries and Game were merged into the
Department of Fish and Wildlife so we have separate sections that apply
to each agency.)

The first step to determine if SEPA review is needed for the diversion
repair, is to identify the entire proposal (WAC 197-11-060(3)) and all
agency actions that may be required (permits, approvals, funding, etc.)
If the HPA is the only agency action and the proposal meets the other
requirements in the categorical exemption, the HPA is exempt from SEPA
review.  If there is another agency with jurisdiction (an agency that
must approve the project), the HPA exemption will not apply and SEPA
review will be required.

Thanks for sending the website link.  It has some great pictures.

Barbara Ritchie
SEPA/ORA Unit Manager
WA State Dept of Ecology
Phone: (360) 407-6922
Fax:  (360) 407-6904
Email: brit461@ecy.wa.gov

Need information about the State Environmental Policy Act (SEPA)?
Visit the SEPA website at
http://www.ecy.wa.gov/programs/sea/sepa/e-review.html

Need information on environmental permitting?  Visit the ORA
Environmental Permitting Services website at
http://www.ecy.wa.gov/programs/sea/pac/