AN ACT Relating to ground water; and amending RCW 90.44.130 and 90.44.180.

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

Sec. 1. Section 12, chapter 263, Laws of 1945 as amended by section 4, chapter 122, Laws of 1947 and RCW 90.44.130 are each amended to read as follows:

(1) As between appropriators of public ground water, the prior appropriator shall as against subsequent appropriators from the same ground water body be entitled to the preferred use of such ground water to the extent of his appropriation and beneficial use, and shall enjoy the right to have any withdrawals by a subsequent appropriator of ground water limited to an amount that will maintain and provide a safe sustaining yield in the amount of the prior appropriation. The supervisor of water resources shall have jurisdiction over the withdrawals of ground water and shall administer the ground water rights under the principle just set forth, and he shall have the jurisdiction to limit withdrawals by appropriators of ground water so as to enforce the maintenance of a safe sustaining yield from the ground water body.

((~~For this purpose,~~)) (2) The supervisor shall have authority and it shall be his duty from time to time, as adequate factual data become available, to designate ground water areas or sub-areas, to designate separate depth zones within any such area or sub-area, or to modify the boundaries of such existing area, or sub-area, or zones to the end that the withdrawals therefrom may be administratively controlled as prescribed in RCW 90.44.180 ((~~in order that overdraft of public ground waters may be prevented so far as is feasible~~)). Each such area or zone shall, as nearly as known facts permit, be so designated as to enclose a single and distinct body of public ground water. Each such sub-area may be so designated as to enclose all or any part of a distinct body of public ground water, as the supervisor deems will most effectively accomplish the purposes of this chapter. The criteria to guide identification of the ground water area, sub-area, or zones to be so designated shall include but not be limited to the following:

(a) Aquifer systems that are declining due to restricted recharge or over-utilization and/or where it is necessary to manage the ground water body to achieve a safe sustaining yield.

(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.

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

(3) Designation of, or modification of the boundaries of such a ground water area, sub-area, or zone may be proposed by the supervisor on his own motion or by petition to the supervisor signed by at least fifty or one-fourth, whichever is the lesser number, of the users of ground water in a proposed ground water area, sub-area, or zone or by a written request from a unit or units of local government. Before any proposed ground water area, sub-area, or zone shall be designated, or before the boundaries or any existing ground water area, sub-area, or zone shall be modified the supervisor shall publish a notice setting forth: ((~~(1)~~)) (a) In terms of the appropriate legal subdivisions a description of all lands enclosed within the proposed area, sub-area, or zone, or within the area, sub-area, or zone whose boundaries are proposed to be modified; ((~~(2)~~)) (b) the object of the proposed designation or modification of boundaries; and ((~~(3)~~)) (c) the day and hour, and the place where written objections may be submitted and heard. Such notice shall be published in three consecutive weekly issues of a newspaper of general circulation in the county or counties containing all or the greater portion of the lands involved, and the newspaper of publication shall be selected by the supervisor. Publication as just prescribed shall be construed as sufficient notice to the landowners and water users concerned.

Objections having been heard as herein provided, the supervisor shall make and file in his office written findings of fact with respect to the proposed designation or modification and, if the findings are in the affirmative, shall also enter a written order designating the ground water area, or sub-area, or zone or modifying the boundaries of the existing area, sub-area, or zone. Such findings and order shall also be published substantially in the manner herein prescribed for notice of hearing, and when so published shall be final and conclusive unless an appeal therefrom is taken within the period and in the manner prescribed by RCW 90.44.215. Publication of such findings and order shall give force and effect to the remaining provisions of this section and to the provisions of RCW 90.44.180, with respect to the particular area, sub-area, or zone.

(4) Priorities of right to withdraw public ground water shall be established separately for each ground water area, sub-area, or zone and, as between such rights, the first in time shall be the superior in right. The priority of the right acquired under a certificate of ground water right shall be the date of filing of the original application for a withdrawal in the office of the supervisor, or the date or approximate date of the earliest beneficial use of water as set forth in a certificate of a vested ground water right, under the provisions of RCW 90.44.090.

Within ninety days after the designation of a ground water area, sub-area or zone as herein provided, any person, firm or corporation then claiming to be the owner of artificially stored ground water within such area, sub-area, or zone shall file a certified declaration to that effect in the office of the supervisor on a form prescribed by said supervisor. Such declaration shall cover: ((~~(1)~~)) (a) The location and description of the works by whose operation such artificial ground water storage is purported to have been created, and the name or names of the owner or owners thereof; ((~~(2)~~)) (b) a description of the lands purported to be underlain by such artificially stored ground water, and the name or names of the owner or owners thereof; ((~~(3)~~)) (c) the amount of such water claimed; ((~~(4)~~)) (d) the date or approximate date of the earliest artificial storage; ((~~(5)~~)) (e) evidence competent to show that the water claimed is in fact water that would have been dissipated naturally except for artificial improvements by the claimant; and ((~~(6)~~)) (f) such additional factual information as reasonably may be required by the supervisor.

(5) If any of the purported artificially stored ground water has been or then is being withdrawn, the claimant also shall file ((~~(1)~~)) (a) the declarations which this chapter requires of claimants to a vested right to withdraw public ground waters, and ((~~(2)~~)) (b) evidence competent to show that none of the water withdrawn under those declarations is in fact public ground water from the area, sub-area, or zone concerned: PROVIDED, HOWEVER, That in case of failure to file a declaration within the ninety-day period herein provided, the claimant may apply to the supervisor for a reasonable extension of time, which shall not exceed two additional years and which shall be granted only upon a showing of good cause for such failure.

Following publication of the declaration and findings‑-as in the case of an original application, permit, or certificate of right to appropriate public ground waters‑-the supervisor shall accept or reject such declaration or declarations with respect to ownership or withdrawal of artificially stored ground water. Acceptance of such declaration or declarations by the supervisor shall convey to the declarant no right to withdraw public ground waters from the particular area, sub-area, or zone, nor to impair existing or subsequent rights to such public waters.

Any person, firm or corporation hereafter claiming to be the owner of ground water within a designated ground water area, sub-area, or zone by virtue of its artificial storage subsequent to such designation shall, within three years following the earliest artificial storage file a declaration of claim in the office of the supervisor, as herein prescribed for claims based on artificial storage prior to such designation: PROVIDED, HOWEVER, That in case of such failure the claimant may apply to the supervisor for a reasonable extension of time, which shall not exceed two additional years and which shall be granted upon a showing of good cause for such failure.

Any person, firm or corporation hereafter withdrawing ground water claimed to be owned by virtue of artificial storage subsequent to designation of the relevant ground water area, sub-area, or zone shall, within ninety days following the earliest such withdrawal, file in the office of the supervisor the declarations required by this chapter with respect to withdrawals of public ground water.

Sec. 2. Section 13, chapter 263, Laws of 1945 and RCW 90.44.180 are each amended to read as follows:

At any time the supervisor of water resources may hold a hearing on his own motion, and shall hold a hearing upon petition of at least fifty or one-fourth, whichever is the lesser number, of the holders of valid rights to withdraw public ground waters from any designated ground water area, sub-area, or zone, or upon local government request to determine whether the water supply in such area, sub-area, or zone is adequate for the current needs of all such holders. Notice of any such hearing, and the findings and order resulting therefrom shall be published in the manner prescribed in RCW 90.44.130 with respect to the designation or modification of a ground water area, or sub-area, or zone.

If such hearing finds that the total available supply is inadequate for the current needs of all holders of valid rights to withdraw public ground waters from the particular ground water area, sub-area, or zone, the supervisor shall order the aggregate withdrawal from such area, sub-area, or zone decreased so that it shall not exceed such available supply. Such decrease shall conform to the priority of the pertinent valid rights and shall prevail for the term of shortage in the available supply. Except that by mutual agreement among the respective holders and with the supervisor, the ordered decrease in aggregate withdrawal may be accomplished by the waiving of all or some specified part of a senior right or rights in favor of a junior right or rights: PROVIDED, That such waiving of a right or rights by agreement shall not modify the relative priorities of such right or rights as recorded in the office of the supervisor.