H-2085              _______________________________________________

 

                                           SUBSTITUTE HOUSE BILL NO. 232

                        _______________________________________________

 

                                                                            C 453 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Environmental Affairs (originally sponsored by Representatives Ebersole, Brough, Nutley, Smitherman, Allen, Walker, Locke, Haugen, Belcher, Winsley, Wang, Crane, Lux and Unsoeld)

 

 

Read first time 3/1/85 and passed to Committee on Rules.

 

 


AN ACT Relating to ground water management; adding new sections to chapter 90.44 RCW; and declaring an emergency.

 

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

 

          NEW SECTION.  Sec. 1.     (1) This legislation is enacted for the purpose of identifying ground water management procedures that are consistent with both local needs and state water resource policies and management objectives; including the protection of water quality, assurance of quantity, and efficient management of water resources to meet future needs.

          In recognition of existing water rights and the need to manage ground water aquifers for future use, the department of ecology shall, by rule, establish standards, criteria, and a process for the designation of specific ground water areas or sub-areas, or separate depth zones within such area or sub-area,  and provide for either the department of ecology, local governments, or ground water users of the area to initiate development of a ground water management program for each area or sub-area, consistent with state and local government objectives, policies, and authorities. The department shall develop and adopt these rules by January 1, 1986.

          (2) The department of ecology, in cooperation with other state agencies, local government, and user groups, shall identify probable ground water management areas or sub-areas.  The department shall also prepare a general schedule for the development of ground water management programs that recognizes the available local or state agency staff and financial resources to carry out the intent of sections 1 through 3 of this act.  The  department shall also provide the option for locally initiated studies and for local government to assume the lead agency role in developing the ground water management program and in implementing the provisions of sections 1 through 3 of this act.  The criteria to guide identification of the ground water areas or sub-areas shall include but not be limited to, the following:

          (a) Aquifer systems that are declining due to restricted recharge or over-utilization;

          (b) Aquifer systems in which over-appropriation may have occurred and adjudication of water rights has not yet been completed;

          (c) Aquifer systems currently being considered for water supply reservation under chapter 90.54 RCW for future beneficial uses;

          (d) Aquifers identified as the primary source of supply for public water supply systems;

          (e) Aquifers designated as a sole  source aquifer by the federal environmental protection agency; and

          (f) Geographical areas where land use may result in contamination or degradation of the ground water quality.

          (3) In developing the ground water management programs, priority shall be given to areas or sub-areas where water quality is imminently threatened.

 

          NEW SECTION.  Sec. 2.     (1) To assist in the development of ground water management programs, a ground water management advisory committee, with representation from major user and public interest groups, and state and local governments shall be appointed by the department for each area or sub-area.  The procedure for advisory committee appointment, terms of appointment, and committee responsibilities shall be addressed in the rules prepared under section 1 of this act.

         (2) The ground water area or sub-area management programs shall include:

          (a) A description of the specific ground water area or sub-areas, or separate depth zones within any such area or sub-area, and the relationship of this zone or area to the land use management responsibilities of county government;

          (b) A management program based on long-term monitoring and resource management objectives for the area or sub-area;

          (c) Identification of water resources and the allocation of the resources to meet state and local needs;

          (d) Projection of water supply needs for existing and future identified user groups and beneficial uses;

          (e) Identification of water resource management policies and/or practices that may impact the recharge of the designated area or policies that may affect the safe yield and quantity of water available for future appropriation;

          (f) Identification of land use and other activities that may impact the quality and efficient use of the ground water, including domestic, industrial, solid, and other waste disposal, underground storage facilities, or storm water management practices;

          (g) The design of the program necessary to manage the resource to assure long-term benefits to the citizens of the state;

          (h) Identification of water quality objectives for the aquifer system which recognize existing and future uses of the aquifer and that are in accordance with department of ecology and department of social and health services drinking and surface water quality standards;

          (i) Long-term policies and construction practices necessary to protect existing water rights and subsequent facilities installed in accordance with the ground water area or sub-area management programs and/or other water right procedures;

          (j) Annual withdrawal rates and safe yield guidelines which are directed by the long-term management programs that recognize annual variations in aquifer recharge;

          (k) A description of conditions and potential conflicts and identification of a program to resolve conflicts with existing water rights;

          (l) Alternative management programs to meet future needs and existing conditions, including water conservation plans; and

          (m) A process for the periodic review of the ground water management program and monitoring of the implementation of the program.

          (3) The ground water area or sub-area management programs shall be  submitted for review in accordance with the state environmental policy act.

 

          NEW SECTION.  Sec. 3.     The department of ecology shall consider the ground water area or sub-area  management plan for adoption in accordance with this chapter and chapter 90.54 RCW.

          Upon completion of the ground water area or sub-area management program, the department of ecology shall hold a public hearing within the designated ground water management area for the purpose of taking public testimony on the proposed program.  Following the public hearing, the department of ecology and affected local governments shall (1) prepare findings which either provide for the subsequent adoption of the program as proposed or identify the revisions necessary to ensure that the program is consistent with the intent of this chapter, and (2) adopt regulations, ordinances, and/or programs for implementing those provisions of the ground water management program which are within their respective jurisdictional authorities.

 

          NEW SECTION.  Sec. 4.     The department of ecology, the department of social and health services, and affected local governments shall be guided by the adopted program when reviewing and considering approval of all studies, plans, and facilities that may utilize or impact the implementation of the program.

 

          NEW SECTION.  Sec. 5.     Sections 1 through 4 of this act shall not affect any water rights existing as of the effective date of this act.

 

          NEW SECTION.  Sec. 6.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

 

          NEW SECTION.  Sec. 7.     Sections 1 through 5 of this act are each added to chapter 90.44 RCW.


                                                                                                                          Passed the House March 13, 1985.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate April 18, 1985.

 

                                                                                                                                       President of the Senate.