What is the purpose of this permit?
The Managed Aquifer Recharge (MAR) permit is a legal water right for a facility to divert water from a stream when excess flows are available and infiltrate that water into an aquifer to increase water levels in the aquifer and improve groundwater discharge to a surface water body.
What activities require this permit?
Ecology requires a MAR permit when the applicant needs a new source of water to construct a MAR facility. If the applicant has existing water rights to source water or reclaimed water, they cannot use the MAR permitting process.
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 divert and will need to be paid upfront to consider your application complete. The fee to appropriate new water is 1 per one-hundredth cubic foot per second (cfs). The fee for new water-storage projects 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.
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.
- Qualifications for priority processing.
- Cost reimbursement options.
- Ecology contacts.
Pre-application process instructions.
1. Download and complete the Pre-Application Consultation Form. Do your best to complete all sections of the form and we will discuss any incomplete sections at the meeting.
3. 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 a Managed Aquifer Recharge (MAR) Permit' is online and can be accessed at https://fortress.wa.gov/ecy/publications/summarypages/ecy070663.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.
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 exist 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 a Managed Aquifer Recharge (MAR) Permit with a $50.00 check to:
Department of Ecology
Po Box 47611
Olympia, WA 98504-7611
How long is my permit valid?
The permit specifically states the period and conditions under which the surface water can be diverted.
A MAR permit must be developed within a timeframe specified by the permit development schedule. Once the permit has been fully developed the state may issue a MAR Certificate. A MAR 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 there is good cause as provided in RCW 90.14.140.
What is the appeal process for the permit?
An order, permit, license, or decision can be appealed within 30 days from the “date of receipt” of the decision. The appeal process is governed by RCW 43.21B and WAC 371-08. “Date of receipt” is defined in RCW 43.21B.001(2). Get more information on the Pollution Control Hearings Board