Section 173-166-110. Funding assistance—Fisheries criteria.

(1) Ecology may provide funding assistance to alleviate drought conditions affecting the state's fisheries resource provided that no other capital budget funds are available for these purposes at the date of application, as verified by the office of financial management. Funding assistance will be based upon the following formula:

(a) A loan may be made for up to ninety percent of total eligible project costs.

(b) A combination loan and grant may be made for up to one hundred percent of total eligible project costs.

(c) A grant or the grant portion of a combination loan and grant may be made for twenty percent of total eligible project costs if the public body being provided funds is within a geographical area declared to be suffering from drought conditions as defined in WAC 173-166-030(2).

(d) The grant or the grant portion of a combination loan and grant may be made for up to forty percent of total eligible project costs if the public body being provided funds is receiving, or is forecast to receive, fifty percent or less of normal seasonal water supplies.

(e) A grant or the grant portion of a combination loan and grant may be amended to increase the grant up to forty percent of eligible project costs if drought conditions as defined in this chapter change after a grant has been signed for twenty percent of eligible project costs, provided:

(i) That the grantee qualifies for the higher grant as defined in (d) of this subsection; and

(ii) That the original grant agreement has not been terminated or closed out.

(f) The grant or grant portion of a combination loan and grant, once signed by all parties, may not be reduced despite any subsequent improvement in water supply conditions.

(g) No more than ten percent of total funds available at the beginning of the current biennium will be allocated for nonagricultural drought relief purposes, including the preservation of the state's fisheries, during that biennium.

(2) Eligibility conditions for each proposed fisheries project are:

(a) The project lies within a geographic area declared to be suffering from drought conditions.

(b) The proposed project must assist in alleviating the water shortage.

(c) Water from the proposed project must be put to beneficial use as a substitute for water not available because of the drought.

(d) Water derived from projects that are provided funding assistance must not be used to restore or enhance the fisheries resource.

(3) Eligible projects that may be funded for the protection of fish culture at hatcheries from drought conditions include, but are not limited to:

(a) Purchase and installation of water-reuse pumps.

(b) Modifying hatchery outlet structures.

(c) Modifying stream channels adjacent to a hatchery to assure passage to the holding pond.

(d) Provision and maintenance of oxygen levels in offsite holding ponds by purchase and installation of bottle gas (using air stones), or oxygen generation systems, or mechanical aeration.

(4) Eligible projects that may be funded to protect instream fish habitat from drought conditions include, but are not limited to:

(a) Augmentation of instream flows through transfers of diversionary surface and groundwater rights.

(b) Augmentation of instream flows through temporary withdrawals of groundwaters.

(c) Stream channel modification such as trenching, sandbagging, or berming to protect spawning gravels.

(5) Eligible projects that may be funded to optimize fish survival during drought conditions include, but are not limited to:

(a) Capture and relocation of stranded fish.

(b) Stream channel modification such as trenching, sandbagging, or berming to provide migratory channels for fish passage.

(6) The departments of fisheries and wildlife, plus any potentially affected Indian tribes, will be consulted to verify eligibility, needs, and nature of all proposed fisheries projects and measures.

(7) Preference will be given to those public bodies implementing water conservation plans, water system efficiency improvements, and other drought contingency actions in addition to the funding assistance applied for under this chapter.

[Statutory Authority: RCW 43.83B.420. WSR 91-03-081 (Order 90-53), § 173-166-110, filed 1/17/91, effective 2/17/91.]

RCW 43.83B.420. WSR 91-03-081 (Order 90-53), § 173-166-110, filed 1/17/91, effective 2/17/91.

Rules

173-166-030,