AN ACT Relating to groundwater management; and adding new sections to chapter 90.44 RCW.

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 groundwater management procedures that are consistent with both local needs and policies of state water resource 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 groundwater aquifers for future use, the department of ecology shall, by rule, establish a procedure to designate specific groundwater areas or sub-areas, or separate depth zones within such area or sub-area, or zones as a groundwater management area and provide for either the department of ecology or groundwater users of the area to initiate development of a groundwater management program, consistent with state and local government objectives and policies. The department shall develop and adopt these rules by January 1, 1986, and shall incorporate within the rules reasonable schedules of performance by both state and local government.

(2) The department of ecology, in cooperation with other state agencies, local government, and user groups, shall identify probable groundwater management areas and a general schedule of implementation that recognizes the available local or state staff and financial resources to carry out the intent of sections 1 through 3 of this act. The rules developed by the department shall also provide the option for locally initiated studies and for local government to assume the lead agency role in implementing the provisions of sections 1 through 3 of this act on a schedule that recognizes local need and resources. The criteria to guide identification of the groundwater management 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 groundwater quality.

NEW SECTION. Sec. 2. (1) To assist in the development of the groundwater management plan, a groundwater management advisory committee, with representation from major user groups, shall be appointed by the department. The department shall incorporate in the rules the procedure for advisory committee appointment, terms of appointment, and committee responsibilities. The department shall also identify state and local regulatory or resource planning agencies that should assist the committee in developing the management plan.

(2) The committee shall serve in an advisory capacity in the development of the groundwater management plan and assist in implementing its findings.

(3) The groundwater management plan shall discuss:

(a) Identification of the specific groundwater 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 plan based on long-term monitoring and resource management objectives for the designated area;

(c) Identification of water resources and the allocation of the resources to meet the needs based on the procedures in RCW 90.44.130 for designation of groundwater areas, sub-areas, and zones;

(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 groundwater, including domestic, industrial, solid, and other waste disposal or stormwater management practices;

(g) The design of the program necessary to manage the resource to the benefit of 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 groundwater management plan 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) Define existing conditions and potential conflicts and identify a program to resolve conflicts with existing water rights; and

(l) Outline alternative management programs to meet future needs and existing conditions.

(4) The groundwater management plan shall be developed by the lead agency under the advisory direction of the groundwater management advisory committee, and submitted for review in accordance with the state environmental policy act.

NEW SECTION. Sec. 3. (1) The department of ecology shall consider the groundwater management plan for adoption or shall develop an alternative plan in accordance with chapter 90.44 RCW.

Upon completion of the groundwater management plan, the department of ecology shall hold a public hearing within the designated groundwater management area for the purpose of taking public testimony on the recommendations and findings of the plan. Following the public hearing, the department of ecology shall prepare their findings and prepare regulations for implementing the groundwater management program for the designated area.

(2) The department of ecology and the department of social and health services shall be guided by the adopted plan when reviewing and considering approval of all studies, plans, and facilities that may utilize or impact the implementation of the plan.

(3) Local government shall adopt appropriate ordinances and/or programs to implement the findings of the groundwater management plan.

(4) Following adoption of the regulations for implementing the groundwater management plan, the groundwater management advisory committee shall meet periodically to review implementing regulations, coordinate collection of monitoring data, and review new water rights and/or changes that may impact the groundwater management program. The committee shall report recommended changes to the department of ecology and local government. The plan shall be updated at least every five years.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act are each added to chapter 90.44 RCW.