Help/Assistance

For assistance information and materials please visit https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Water-right-permits.

Managed Aquifer Recharge (MAR) Permit

Description/Purpose

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.

Triggers and activities which would 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.

Explanation/Description of costs/fees, including statutory, regulatory, or other legal authority for fees

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.

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 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.
  2. 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.
  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.

Application Information

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.

The application form may specify reports, maps, and other information you should submit with your 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.

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
   Cashiering Section
   Po Box 47611
   Olympia, WA 98504-7611

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.

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 web page.

Legal authority
Contacts
Department of Ecology
Water Resources Program
Headquarters
300 Desmond Drive
PO Box 47600
Olympia WA 98504-7600
Website: https://ecology.wa.gov/About-us/Get-to-know-us/Our-Programs/Water-Resources
Fax: (360) 407-7162
Telephone: (360) 407-6872
* Credential details last updated 8/21/2023
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