AN ACT Relating to water resources; amending RCW 90.54.020 and 90.22.010; adding a new section to chapter 90.03 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that certain waters of the state provide habitat for the natural production of salmon and steelhead resources and other fish and wildlife, that these resources have been severely depleted due to past harvest practices and environmental degradation, that these resources are in grave danger of further, irreversible damage and destruction due to habitat degradation, in part caused by lack of sufficient water, and that ongoing development of the public waters of the state poses an imminent threat to these resources.

(2) The legislature hereby declares that it is the policy of this state to protect existing natural salmonid spawning and rearing habitat, to protect existing fisheries, to provide for the rehabilitation of runs damaged or destroyed in the past, to provide habitat to mitigate for losses in nearby areas, and to protect associated water-dependent fish and wildlife.

Sec. 2. Section 2, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.020 are each amended to read as follows:

Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:

(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.

(2) Allocation of waters which are surplus to minimum flow as set forth in subsection (3)(a) of this section among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.

(3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:

(a) Perennial rivers and streams of the state shall be retained with ((~~base~~)) minimum flows necessary to maintain fish and wildlife production potential at historical levels, and to provide for preservation of ((~~wildlife, fish,~~)) scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

(b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served.

(4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.

(5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

(6) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state.

(7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

(8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

(9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

(10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.

Sec. 3. Section 3, chapter 284, Laws of 1969 ex. sess. and RCW 90.22.010 are each amended to read as follows:

In order to implement the policies set forth in RCW 90.54.020(3)(a), the department of water resources may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of water resources shall, when requested by the department of fisheries or the game commission to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or by the water pollution control commission to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request. Any request submitted by the department of fisheries, game commission or water pollution control commission shall include a statement setting forth the need for establishing a minimum flow or level. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of water resources in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.

NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:

New consumptive water right permits which could affect any anadromous fish, resident fish, or wildlife habitat shall not be issued under this chapter unless and until minimum flows have been established pursuant to the policies and guidelines of RCW 90.54.020(3)(a), or until a determination of no adverse impact has been made after consultations required by this section. Applications for such permits shall be held pending the establishment of such minimum flows or the making of such a determination. Each time an application is made to the department of ecology for such a permit, the department shall consult with the federal, state, and tribal resource management agencies as it deems appropriate to determine if the proposed appropriation would affect resources under their respective jurisdictions. If the department determines, based on information supplied during the consultations, that adverse effects are likely to occur, the department shall not issue the permit to the applicant until minimum flows have been established. Any aggrieved party may appeal the department's determination to the environmental hearings board. The applicant may arrange with the department and the appropriate resource management agencies for the conduct of such studies as are necessary to establish minimum flows.

NEW SECTION. Sec. 5. 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.