AN ACT Relating to the water use efficiency study; amending RCW 43.83B.300 and 43.83B.325; amending section 704, chapter 6, Laws of 1987 1st ex. sess. (uncodified); and amending section 303, chapter 7, Laws of 1987 1st ex. sess. (uncodified); adding new sections to chapter 43.83B RCW; creating a new section; making appropriations; providing an expiration date; and declaring an emergency.

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

Sec. 1. Section 1, chapter 1, Laws of 1977 ex. sess. as last amended by section 1, chapter 343, Laws of 1987 and RCW 43.83B.300 are each amended to read as follows:

The legislature finds that it is necessary to provide the department of ecology with emergency powers to authorize withdrawals of public surface and ground waters, including dead storage within reservoirs, on a temporary basis, and construction of facilities in relation thereto, in order to alleviate emergency water supply conditions arising from the drought forecast for the state of Washington during 1977 and during 1987.

The legislature further finds that there is a continuing agricultural water supply shortage in many areas of the state and that, in relation to the lessening of that unsatisfactory condition, there is an urgent need to both improve water supply facilities and replace other such facilities.

The legislature further finds that in addition to water storage facilities or other augmentation programs, improved efficiency of water use could provide an important new supply of water in many parts of the state with which to meet future water needs and that improved efficiency of water use should receive greater emphasis in the management of the state's water resources.

In order to provide needed capital for the planning, acquisition, construction, and improvement of water supply facilities to withdraw and distribute water to alleviate unsatisfactory water supply conditions arising from droughts occurring from time to time in the state of Washington, and to carry out a comprehensive water use efficiency study for the state of Washington, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eighteen million dollars, or so much thereof as may be required to finance such projects, and all costs incidental thereto. No bonds authorized by this section and RCW 43.83B.360 through 43.83B.375 shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.

NEW SECTION. Sec. 2. A new section is added to chapter 43.83B RCW to be codified between RCW 43.83B.355 and 43.83B.375 to read as follows:

A committee shall be charged with the task of carrying out a comprehensive study of water use efficiency in this state. The study shall not, however, be considered a water conservation study, considered a comprehensive study encompassing the exclusive means of creating a new supply of water, or considered to limit or restrict the use of water storage facilities as an option in creating a new supply of water. The committee, in consultation with other interested agencies, organizations, and the public, shall investigate and evaluate opportunities and means for achieving water use efficiency improvements. The evaluation shall include but not be limited to the following:

(1) Review and analysis of water use efficiency initiatives in other states;

(2) Review of the water use efficiency recommendations of the western governors association;

(3) Identification of existing institutional and economic disincentives to efficient water use;

(4) Identification of existing and potential incentives that could bring about improved efficiency of use;

(5) Identification of alternatives for improving efficiency of use;

(6) Estimation of potential water savings and public and private costs from implementing alternatives;

(7) Identification of a recommended approach, which may include model programs, for improving water use efficiency in municipal and industrial water supply uses, irrigated agriculture and other major out-of-stream uses, and in-stream uses;

(8) Evaluation of the terminology, and development of definitions and methods relating to the use and measurement of water in chapters 90.03, 90.14, 90.22, 90.44, and 90.54 RCW, and such other provisions of existing law as it finds appropriate; and

(9) Development of recommendations for any needed changes in laws, rules, policies, procedures, and programs to facilitate improved water use efficiency.

NEW SECTION. Sec. 3. A new section is added to chapter 43.83B RCW to be codified between RCW 43.83B.355 and 43.83B.375 to read as follows:

(1) The committee created in section 2 of this act shall consist of the following:

(a) Four members from the state legislature; specifically, one member from the majority party and one member from the minority party of the senate, and one member from the majority party and one member from the minority party of the house of representatives;

(b) One individual representing each of the department of ecology, agriculture, department of social and health services, fisheries, wildlife, and natural resources;

(d) One individual representing agricultural interests;

(e) One individual representing the governor's office;

(f) One individual representing environmental interests;

(g) One individual representing the interests of the timber industry;

(h) One individual representing the interests of industries' use of water;

(i) One individual representing Indian tribes; and

(j) One individual representing the interests of public water utilities.

(2) Each committee representative shall be recommended by their respective designated group or agency to the director of the department of ecology. The director shall submit the list of recommended representatives to the governor who shall use the list to appoint the members of the committee, except for representatives from the legislature, who shall be appointed by the speaker of the house of representatives and the president of the senate.

(3) Members shall serve without compensation and are not entitled to reimbursement for travel expenses from the department. The committee shall expire December 31, 1988.

(4) The committee shall consult on a regular and frequent basis with interested organizations and individuals. The committee shall hold public meetings to inform the public about the study, and to receive public comments on a draft report of its study findings and its recommendations.

(5) The committee shall document public comments and the committee's recommendations, in a final water use efficiency report. The final report shall also include an estimate of staffing and funding needed to carry out the recommended approach.

NEW SECTION. Sec. 4. It shall be the responsibility of the department of ecology to provide staff support to the committee and to identify water use efficiency options for the tasks identified in section 2 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 43.83B RCW to be codified between RCW 43.83B.355 and 43.83B.375 to read as follows:

The committee shall report its findings and recommendations to the legislature no later than December 31, 1988. The department shall not implement such recommendations by rule or regulation except upon the enactment of enabling legislation based upon the committee's recommendations.

Sec. 6. Section 6, chapter 1, Laws of 1977 ex. sess. and RCW 43.83B.325 are each amended to read as follows:

(1) Nothing in RCW 43.83B.300 through ((~~43.83B.345~~)) 43.83B.375, including the water use study as established by section 2 of this 1988 act, shall impair, affect, or authorize any interference whatsoever with existing water rights.

(2) Nothing in RCW 43.83B.300 through 43.83B.345 shall authorize the establishment of rights to withdrawal of waters of a permanent nature or of rights with any priority.

(3) Nothing in RCW 43.83B.300 through 43.83B.345 shall authorize the establishment of a water right under RCW 90.03.250 or 90.44.060.

(4) Nothing in RCW 43.83B.300 through 43.83B.345 shall preclude any person from filing an application pursuant to RCW 90.03.250 or 90.44.060: PROVIDED, HOWEVER, That any such application for withdrawal rights as to withdrawals made under authority of RCW 43.83B.300 through 43.83B.345 shall be subject to all applicable laws and rules as though RCW 43.83B.300 through 43.83B.345 had not existed.

Sec. 7. Section 704, chapter 6, Laws of 1987 1st ex. sess. (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

Emergency water project revolving account (88-2-004)

!tm4,2,2!tj1!tcReappropriation!tcAppropriation

!ixState Emerg Water Proj Rev !tj1!tc((~~4,000,000~~))!tc225,000

!tj1!tc3,860,185

!tm1,1,1!tcProject!tcEstimated!tcEstimated

!tcCosts!tcCosts!tcTotal

!tcThrough!tc7/1/89!sc ,1and!tcCosts

!tc6/30/87!tcThereafter

!tj2!tc((~~4,225,000~~))

!tj2!tc4,085,185

Sec. 8. Section 303, chapter 7, Laws of 1987 1st ex. sess. (uncodified) is amended to read as follows:

!tp1FOR THE DEPARTMENT OF ECOLOGY

@i2General Fund Appropriation‑-State!w×!tr$!sc ,16

!ae0!tr51,666,000

General Fund Appropriation‑-Federal!w×!tr$!sc ,16

!ae0!tr59,846,000

General Fund Appropriation‑-Private/Local!w×!tr$!sc ,16

!ae0!tr398,000

Hazardous Waste Control and Elimination Account Appropriation!w×!tr$!sc ,16

!ae0!tr2,616,000

Flood Control Account Appropriation!w×!tr$!sc ,16

!ae0!tr3,999,000

Wood Stove Public Education Account Appropriation!w×!tr$!sc ,16

!ae0!tr366,000

Special Grass Seed Burning Research Account Appropriation!w×!tr$!sc ,16

!ae0!tr40,000

Reclamation Revolving Account Appropriation!w×!tr$!sc ,16

!ae0!tr836,000

Emergency Water Project Revolving Account Appropriation: Appropriated pursuant to chapter 1, Laws of 1977 ex. sess.!w×!tr$!sc ,16

!ae0!tr((~~175,000~~))

!tj1!tr314,815

Litter Control Account Appropriation!w×!tr$!sc ,16

!ae0!tr6,395,000

State and Local Improvements Revolving Account‑-Waste Disposal Facilities: Appropriated pursuant to chapter 127, Laws of 1972 ex. sess. (Referendum 26)!w×!tr$!sc ,16

!ae0!tr761,000

State and Local Improvements Revolving Account‑-Waste Disposal Facilities 1980: Appropriated pursuant to chapter 159, Laws of 1980 (Referendum 39)!w×!tr$!sc ,16

!ae0!tr2,095,000

State and Local Improvements Revolving Account‑-Water Supply Facilities: Appropriated pursuant to chapter 234, Laws of 1979 ex. sess. (Referendum 38)!w×!tr$!sc ,16

!ae0!tr1,071,000

Stream Gaging Basic Data Fund Appropriation!w×!tr$!sc ,16

!ae0!tr139,000

Tire Recycling Account Appropriation!w×!tr$!sc ,16

!ae0!tr548,000

Water Quality Account Appropriation!w×!tr$!sc ,16

!ae0!tr2,398,000

Workers and Community Right to Know Fund Appropriation!w×!tr$!sc ,16

!ae0!tr229,000

!sc ,10Total Appropriation!w×!tr$!sc ,16

!ae0!tr((~~133,578,000~~))

!tr133,717,815

The appropriations in this section are subject to the following conditions and limitations:

(1) The department shall implement the Nisqually river task force recommendations. $150,000 of the general fund‑-state appropriation is provided solely for this purpose.

((~~(3)~~)) (2) $985,000 of the general fund‑-state appropriation is provided solely for allocation to local air pollution control authorities.

((~~(4)~~)) (3) The appropriation from the wood stove public education account is contingent upon the enactment of House Bill No. 16. If the bill is not enacted by June 30, 1987, this appropriation shall lapse.

((~~(5)~~)) (4) $9,250,000 of the general fund‑-state appropriation is provided solely to carry out the department's responsibilities contained in the Puget Sound water quality plan and perform corresponding state-wide water quality activities

((~~(6)~~)) (5) $715,000 of the general fund‑-state appropriation is provided for the purposes of solid waste management.

((~~(7)~~)) (6) $553,000 of the general fund‑-state appropriation is provided solely for implementing the timber, fish, and wildlife agreement. If Senate Bill No. 5845 is not enacted by June 30, 1987, the amount provided in this subsection shall lapse.

((~~(8)~~)) (7) If House Bill No. 434 is enacted by June 30, 1987, the appropriation from the hazardous waste control and elimination account shall lapse.

((~~(9)~~)) (8) $225,000 of the general fund‑-state appropriation and $50,000 of the hazardous waste control and elimination account appropriation are provided solely to: (a) Contract with the University of Washington college of ocean and fisheries sciences to develop a damage assessment methodology for determining damages as a result of oil spills, and (b) contract with the department of community development to design a model oil spill contingency plan.

((~~(10)~~)) (9) Within the general fund appropriation, the department shall prepare penalty regulations for waste disposal permit violations, including minimum penalties, based upon severity and frequency of violation.

((~~(11)~~)) (10) $302,000 of the general fund‑-state appropriation is provided solely for operating the Padilla Bay estuarine sanctuary interpretive center.

((~~(12)~~)) (11) Within the general fund appropriation, the department shall phase out state hazardous waste remedial action sites currently in progress and meet emergency response actions. This subsection does not apply if House Bill No. 434 is enacted by June 30, 1987.

((~~(13)~~)) (12) $288,000 of the general fund‑-state appropriation is provided solely to implement Senate Bill No. 5570. If the bill is not enacted by June 30, 1987, the amount provided in this subsection shall lapse.

(13) $139,815 of the emergency water project revolving account is provided solely to carry out a comprehensive state water use efficiency study during the remainder of the 1987-89 biennium. These funds are to be used to hire personnel and contract for necessary services including but not limited to services from persons with expertise in the areas of agricultural economics, agricultural engineering, and municipal water use technology.

NEW SECTION. Sec. 9. Sections 2 and 3 of this act shall expire June 30, 1989.

NEW SECTION. Sec. 10. 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.