BP BHEAD INT S

AN ACT Relating to water resources; amending RCW 19.27.097, 70.119A.060, 90.44.050, and 58.17.110; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) Protection of the state's water resources, and utilization of such resources for all beneficial uses, requires more efficient and effective management than is currently provided under state law, particularly with regard to the uses of ground water that do not require application for a water right and may potentially interfere with prior rights and in-stream values.

(2) The provision of public water supplies to the people of the state should be undertaken in a manner that is consistent with the planning principles of the growth management act and the comprehensive plans adopted by local governments under the growth management act;

(3) Small water systems have a high rate of failure to comply with the state's water quality standards for public water supplies, and have inherent difficulties with proper planning, operation, financing, management and maintenance. The continuing proliferation of small public water systems has undermined effective management of the state's water resources, and created concerns regarding the ability of such systems to provide safe and adequate supplies to their customers on a long-term basis;

(4) New water quality standards and operational requirements for public water systems will soon generate additional rates for the customers of those systems, making them financially nonviable;

(5) County governments are ultimately responsible to act as receivers of failing water systems within their jurisdictions; and

(6) State government, local governments, water suppliers, and other interested parties should work for continuing economic growth of the state by maximizing the use of existing water supply management alternatives, including regional water systems, satellite management, and coordinated water system development.

Sec. 2. RCW 19.27.097 and 1991 sp.s. c 32 s 28 are each amended to read as follows:

(1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city ((~~may~~)) shall, after January 1, 1995, impose conditions on building permits requiring connection to an existing public water system approved by the state board of health, where the existing system is ((~~willing and~~)) new, or will be able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.

(2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply. The departments of health and ecology shall coordinate on the implementation of this section. Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of community, trade, and economic development to mediate or, if necessary, make the determination.

(3) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.

(4) By January 1, 1995, the department of health shall, in conjunction with the department of community, trade, and economic development, the utilities and transportation commission, water purveyors, and local governments develop criteria for determining what constitutes reasonable economy and efficiency under subsection (1) of this section, which shall be utilized by the county or city in implementing that subsection. In developing these criteria, the department of health shall include, but not be limited to the following: (a) Costs for system construction and operation, for at least the twenty-year planning period covered by the local comprehensive plan adopted under chapter 36.70A RCW; and (b) consistency with state guidelines and existing plans, such as coordinated water system plans adopted under chapter 70.116 RCW, that assure systematic, coordinated, and timely delivery of water supplies within the areas covered by such plans.

Sec. 3. RCW 70.119A.060 and 1991 c 304 s 4 are each amended to read as follows:

(1) In order to assure safe and reliable public drinking water and to protect the public health, public water systems shall:

(a) Protect the water sources used for drinking water;

(b) Provide treatment adequate to assure that the public health is protected;

(d) Plan for future growth and assure the availability of safe and reliable drinking water;

(e) Provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information, and provide to users the name and twenty-four hour telephone number of an emergency contact person; and

(f) Take whatever investigative or corrective action is necessary to assure that a safe and reliable drinking water supply is continuously available to users.

(2) No new public water system may be approved or created within an urban growth area established under RCW 36.70A.110 unless it is owned by a satellite system management agency established under RCW 70.116.134. No new public water system may be approved or created in other areas of the state unless it is owned by a satellite system management agency established under RCW 70.116.134, where available, and where the satellite system management system complies with financial viability requirements of the department. The department and local health jurisdictions shall enforce this requirement under any authority provided under this chapter, chapter 70.116, or 70.05 RCW, or any other authority governing the approval of new water systems by the department or a local jurisdiction.

(3) The department and local health jurisdictions shall carry out the rules and regulations of the state board of health adopted pursuant to RCW 43.20.050(2)(a) and other rules adopted by the department relating to public water systems.

Sec. 4. RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:

((~~After June 6, 1945,~~)) (1) No withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided((: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day)).

(2) Notwithstanding the requirement for a permit set forth in subsection (1) of this section, and subject to the provisions of subsection (3) of this section, a withdrawal of public ground waters in a total amount not exceeding five thousand gallons per day for one or more of the following purposes:

(a) Stock watering;

(b) The watering of a lawn or a noncommercial garden not exceeding one-half acre in area;

(d) Industrial purpose;

is and shall be exempt from the provisions of this section, but, to the extent it is beneficially used and in conformance with all other applicable laws, is entitled to a right equal to that established under the provisions of this chapter. The priority date for a right established under this section shall be the date that continuous usage of water for one or more of the exempted purposes set forth in this section is commenced.

(3) The department shall, by emergency rule, where conditions indicate the need for immediate action, or in the absence of such condition, by permanent rule before December 31, 1995, and whenever necessary thereafter, designate those areas where it determines that use of the exemption set forth in subsection (2) of this section will be restricted or eliminated.

(a) In selecting areas for designation under this subsection, the department shall consult with the appropriate local governments and any federally recognized Indian tribes that could be affected by use of the exemption within the area. The department shall focus its efforts on areas where it is determined that:

(i) The rate or quantity of existing and proposed withdrawals will result in over appropriation of the source;

(ii) Additional ground water withdrawals will cause a decline in ground water levels below those necessary for the maintenance of safe sustaining yields;

(iii) The cumulative effect of existing and anticipated withdrawals will impair existing water rights;

(iv) The aquifer or aquifers that are the source of water supplies are in continuity with surface water bodies that are, or will soon become fully appropriated, including areas in which in-stream flows are reduced to the point that fish and wildlife resources are detrimentally affected;

(v) Additional ground water withdrawals will cause or exacerbate degradation of water quality conditions;

(vi) The source has water quality problems of public health significance that have been identified by the department of health or the local health authority;

(vii) Alternative water sources have been identified by the local government that are, or will soon be readily available and that can be used to accommodate new development;

(viii) Population densities have been determined by the local government to be sufficient to make the development or expansion of existing public water systems the appropriate means for providing water service for new growth; or

(ix) Other conditions exist in which use of the exemption will contribute to detrimental effects to existing rights, in-stream flows, or public health and safety.

(b) The department shall, in making its determinations and adopting its rules, use as guidance and be consistent with, where applicable, the ground water management plans created under chapter 90.44 RCW, water management plans as developed under chapter 90.54 RCW, coordinated water system plans developed under chapter 70.116 RCW, land use and growth management plans developed under chapter 36.70A RCW, aquifer protection areas created under chapter 36.36 RCW, and other relevant plans.

(c) In designated areas, the department, in cooperation with the local government, shall eliminate use of the exemption set forth in subsection (2) of this section or shall impose one or more of the following conditions on its use:

(i) Limiting use to certain purposes;

(ii) Limiting the amount of water that can be used for one or more purposes and the acreage that can be irrigated;

(iii) Limiting the total number of exempt uses or the total quantities of water that may be withdrawn from the source, regardless of purpose;

(iv) Limiting the term of use of the exemption to the period until water can be provided by a public water system; or

(v) Within a designated area require that all persons proposing to make new withdrawals of ground water, regardless of quantity, receive authorization in a form determined by the department, prior to commencing use.

(4) A person making a withdrawal under this section shall maintain, to the satisfaction of the department of ecology, a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water withdrawn regardless of the quantity of water to be withdrawn.

(5) The department may require the person or entity making a withdrawal under this section to furnish information as to the means for and the quantity of that withdrawal.

(6) At the option of the person or entity making a withdrawal under this section, applications may be filed under RCW 90.44.090.

Sec. 5. RCW 58.17.110 and 1990 1st ex.s. c 17 s 52 are each amended to read as follows:

(1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. ((It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication.

~~(2)~~)) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body determines and makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication.

(2) In making its determination and written findings that appropriate provisions have been made for potable water supplies, the city, town, or county legislative body shall promote the reliable and efficient delivery of safe and adequate water supply by ensuring that: (a) The number of new public water supply systems established is minimized; (b) the use of new individual wells for drinking water supply is limited to areas where such wells represent the only reasonable alternative available for new development, and (c) projects that will result in a total water use in excess of the exemption provided for in RCW 90.44.050 obtain the necessary water rights prior to approval. The city, town, or county may require ownership or operation by satellite management agencies or assured control of wellhead areas by those drilling wells as means of achieving the above objectives.

(3) If ((it)) the city, town, or county legislative body finds that the proposed subdivision and dedication make ((~~such~~)) appropriate provisions as provided in subsection (1) and (2) of this section and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

(4) The county or city shall, after August 1, 1994, impose conditions on subdivision approval requiring connection to an existing public water system where the existing system is able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.

(5) By January 1, 1995, the department of health shall, in conjunction with the department of community, trade, and economic development, the utilities and transportation commission, water purveyors, and local governments, develop criteria for determining what constitutes reasonable economy and efficiency under subsection (4) of this section, which shall be utilized by the county or city in implementing that subsection. In developing these criteria, the department of health shall include, but not be limited to: (a) Costs for system construction and operation for at least the twenty-year planning period covered by the appropriate local comprehensive plan adopted under chapter 36.70 RCW; and (b) consistency with state guidelines and existing plans, such as coordinated water system plans adopted under chapter 70.116 RCW, that assure systematic, coordinated, and timely delivery of water supplies within the areas covered by such plans.