What is the purpose of this permit?
The Aquifer Storage and Recovery (ASR) Permit is a legal water right to store and recover water from an aquifer.
What activities require this permit?
Ecology requires an ASR Permit to store and recover water from any underground geological formation. In addition to the timing of storage and recovery, the permit will specify how much water can be stored and recovered.
How much will this permit cost?
There is a minimum $50 application fee. Any additional fees will depend on the amount of water the applicant is proposing to store and will need to be paid upfront to consider the application complete.
The fee for a new water-storage project is $2 per acre-foot of storage. The maximum application fee to appropriate or store water is $25,000.
Fees are non-refundable, so do not send additional fees until you are notified of the amount. Ecology will bill you any additional amount owed. Once billed, you will have 60 days to pay, or we will reject your application.
Pre-Application:
Before you spend money and effort to prepare a water right application, we strongly encourage you to engage in a pre-application consultation with our staff. We want to understand your water supply needs and give you our perspective on risks, opportunities, and alternatives. Pre-application is not required but highly recommended.
If you choose a pre-application consultation meeting, we can learn more about your proposed project and inform you of issues related to the decision on your application, such as:
- Water availability.
- The status of pending applications.
- Anticipated processing timelines.
- Application requirements, fees, and information needs.
- Water resource regulations specific to your location.
- Alternatives.
- Qualifications for priority processing.
- Cost reimbursement options.
- Ecology contacts.
Pre-application process instruction:
- Download and complete the Pre-Application Consultation Form <https://apps.ecology.wa.gov/publications/SummaryPages/ECY070440.html>. Do your best to complete all sections of the form and we will discuss any incomplete sections at the meeting.
- E-mail the completed Water Right Pre-Application Consultation Form to the appropriate regional office address on the form. If you cannot e-mail the completed form, please mail it to the appropriate regional office.
- Wait for Ecology to contact you. Our goal is to contact you within 5 business days to confirm receipt of your pre-application request. We will schedule a meeting or phone call to discuss your water supply needs.
You can invite any professional staff (e.g., engineers, hydrogeologists, or attorneys) to answer technical questions Ecology staff may have.
Where can I get the application for this permit?
The application is called 'Application for an Underground Artificial Storage and Recovery Reservoir Permit' is online and can be accessed at https://fortress.wa.gov/ecy/publications/summarypages/ecy070634.html.
Do I need to include anything with my application?
The application form may specify reports, maps, and other information you should submit with your application.
Is the decision on my permit dependent on anything besides the information in my application?
When making the decision on your permit, Ecology will consider the applicable laws and rules, the contents of your application, and the background environmental conditions. The process also requires publication of a legal notice for two succeeding weeks.
How long will it take to review my application?
The time it takes Ecology to review your application will depend on:
- Water location
- Water availability
- Project complexity
- Other applications competing for the same source of water.
A significant backlog of pending water right applications exists in many watersheds. However, opportunities to expedite processing are available via the cost reimbursement process. In addition, an application may qualify for priority processing due to public health or environmental reasons (See Chapter 173-152 WAC).
Where do I submit my application?
See the pre-application consultation process instructions above.
If you skip the pre-application process mail the Application for an Underground Artificial Storage and Recovery Reservoir Permit with your $50.00 check to:
Department of Ecology
Cashiering Section
PO Box 47611
Olympia, WA 98504-7611
How long is my permit valid?
Unless otherwise specified, an ASR Permit will allow the permittee to store water in an aquifer during a specified period and to recover water remaining in storage during another specified period.
An Aquifer Storage, Recovery, & Recharge Permit must be developed within a timeframe specified by the permit development schedule. Once the permit has been fully developed, the state may issue Aquifer Storage, Recovery, & Recharge Certificate. This certificate is a property right and will remain in good standing as long as use continues. A water right may lapse if there is a prolonged period of nonuse, (generally five years) unless you qualify for an exception as provided in RCW 90.14.140.
What is the appeal process for the permit?
Any applicant or interested party has a right to appeal a decision by Ecology to issue or deny this permit to the Pollution Control Hearings Board (PCHB) within 30 days of issuance of this general permit.
The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2).
To appeal you must do both of the following within 30 days after the date of receipt of issuance of this general permit:
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File your appeal and a copy of the permit cover page with the Pollution Control Hearings Board (PCHB) during regular business hours as defined in WAC 371-08-305 and -335. “Notice of appeal” is defined in WAC 371-08-340.
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Serve a copy of your appeal and the permit cover page on Ecology by mail, in person, or by email (see addresses below).
Filing with the PCHB
For the most current information regarding filing with the PCHB, visit:
https://eluho.wa.gov/ or call: 360-664-9160.
Service on Ecology
Street Address:
Department of Ecology
Attn: Appeals Processing Desk
300 Desmond Drive SE
Lacey, WA 98503
Mailing Address:
Department of Ecology
Attn: Appeals Processing Desk
PO Box 47608
Olympia, WA 98504-7608
E-Mail Address:
ecologyappeals@ecy.wa.gov