H-3012.2  _______________________________________________

                          HOUSE BILL 2301

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State of Washington      53rd Legislature     1994 Regular Session

By Representatives Rust and Romero

Read first time 01/12/94.  Referred to Committee on Environmental Affairs.

Authorizing designation of ground water special protection areas.

    AN ACT Relating to ground water; amending RCW 90.44.035; and adding a new section to chapter 90.44 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 90.44.035 and 1987 c 109 s 107 are each amended to read as follows:

    For purposes of this chapter:

    (1) "Department" means the department of ecology;

    (2) "Director" means the director of ecology;

    (3) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves.  There is a recognized distinction between natural ground water and artificially stored ground water;

    (4) "Natural ground water" means water that exists in underground storage owing wholly to natural processes; ((and))

    (5) "Artificially stored ground water" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural waste((.)); and

(6) "Special protection area" means ground waters that require special consideration or increased protection because of one or more unique characteristics, including, but not limited to:

(a) Ground waters that support a beneficial use or an ecological system requiring more stringent criteria than drinking water standards;

(b) Ground waters, including, but not limited to, recharge areas and wellhead protection areas, that are vulnerable to pollution; and

(c) Designation as a sole source aquifer pursuant to the federal safe drinking water act (88 Stat. 1660).

NEW SECTION. Sec. 2.  A new section is added to chapter 90.44 RCW to read as follows:

    (1) Special protection areas may be proposed for designation at any time by the department upon its own initiative or by a petition filed by a federal or state agency, Indian tribe, local government, or citizen.  The petition shall provide sufficient information for the department to determine if the proposed designation is in the best interest of the public.  This information shall include, but not be limited to:

    (a) A rationale for the proposed designation;

    (b) Supporting data for the proposed designation;

    (c) A description of the proposed area including geographic and hydrologic boundaries; and

    (d) Such other reasonably available information as the department deems necessary.

    (2) The department shall designate the ground waters as a special protection area if the department determines:

    (a) The special protection area contains one or more of the characteristics described in RCW 90.44.035(6); and

    (b) Such a designation is in the public interest.

    (3) The unique characteristics of a special protection area shall be considered and protected by the department when regulating activities, developing regulations, guidelines, and policies, and when prioritizing department resources for ground water quality protection programs.

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