AN ACT Relating to the water use efficiency study; amending RCW 43.83B.300 and 43.83B.325; adding new sections to chapter 43.83B RCW; creating a new section; 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;

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

(10) Development of recommendations for a public education program for efficient use of water.

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;

(j) One individual representing private power utilities;

(k) One individual representing the interests of public water utilities;

(l) One individual representing the interests of the recreational or commercial fishing interests; and

(m) One individual representing the interests of water oriented recreationists.

(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 but nonlegislative and nonpublic officials or representative members of the committee shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. 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, 1989. 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.

NEW SECTION. Sec. 7. This act shall expire June 30, 1989.

NEW SECTION. Sec. 8. 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.