AN ACT Relating to water use plans and data; amending RCW 43.20.050; adding a new section to chapter 19.27 RCW; adding new sections to chapter 43.21A RCW; adding a new section to chapter 43.20 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) State water resources are a valuable asset and must be managed wisely and conserved.

(2) Water resources are limited and, therefore, the allocation of the resources must consider public need and priorities.

(3) Existing laws are administered and water rights have and are being issued based on limited information, with resulting conflicts that need to be addressed.

(4) Quality of life is dependent upon a balanced assessment of needs, a comprehensive method to establish public priorities, and recognition of historical rights, while assuming the responsibility to manage the resources on the basis of beneficial use.

NEW SECTION. Sec. 2. The department of ecology shall evaluate the terminology, including definitions, and methodology relating to the use and measurement of water in chapters 90.03, 90.14, and 90.54 RCW, and such other provisions of existing law as it finds appropriate. The department shall make recommendations concerning changes in these statutes to accomplish uniformity and consistency of usage based on its evaluation. These recommendations, including draft legislation, shall be submitted to the appropriate committees of the legislature no later than December 1, 1988.

NEW SECTION. Sec. 3. A new section is added to chapter 19.27 RCW to read as follows:

(1) The state building code council shall adopt rules pursuant to chapter 34.04 RCW incorporating a revised state plumbing code. The revised code shall be designed to achieve the maximum water conservation benefits relative to buildings constructed or remodeled in the state. The council shall adopt a revised code which requires low-volume plumbing fixtures in all new construction and all remodeling or repair involving replacement of plumbing fixtures. The revised code shall apply to all residential, hotel, motel, industrial, or commercial use buildings.

(2) The council shall publish the revised code as proposed rules pursuant to chapter 34.04 RCW and provide for the rules to become effective July 1, 1989. All cities, towns, and counties shall thereafter enforce the revised plumbing standards.

(3) The revisions adopted under this section shall supersede all local government codes. However, cities, towns, and counties may adopt more efficient water conservation plumbing fixture requirements.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:

(1) The department of ecology, in cooperation with the departments of social and health services, fisheries, wildlife, and agriculture, and appropriate user groups shall develop model programs to guide the state's evaluation of conservation plans, economic incentives to promote conservation, and instream flow management options as they relate to water use and beneficial use studies. The model programs shall include the following:

(a) Methods to evaluate and implement water conservation programs for use by municipal and industrial water supply users. This analysis shall include preliminary estimates of future municipal and industrial water needs and the benefits to be gained from conservation.

(b) Methods to evaluate and implement water conservation programs for irrigation and other major out-of-stream water uses. This analysis shall include options to provide economic incentives for existing users to implement new irrigation technology.

(c) Methods to evaluate and implement instream conservation programs through seasonal flow management programs for all instream users. This analysis shall identify standard stream flow measurement and instream beneficial use evaluation procedures, and typical seasonal or use requirements for fisheries, recreation, aesthetic, and other instream use considerations. This analysis shall also include recommended procedures for a state, regional, and local priority use ranking system.

(2) The departments listed under subsection (1) of this section shall, under the coordination of the department of ecology, hold public hearings in developing the model programs. The first draft of the model programs shall be available for public review and comment by July 1, 1989. A user group committee shall be appointed by the director of ecology to advise the department of ecology in the development of manuals containing the program elements in each of subsections (1) (a), (b), and (c) of this section. The user groups shall advise the department on definitions, format, and methods to establish the framework for the continuation of data collection, management, and analysis. This information shall be integrated into the state's water resource management and allocation activities. If no agreement is reached among the agencies involved for each of the programs under subsections (1) (a), (b), and (c) of this section, a mediation method for establishing a state model program shall be used.

NEW SECTION. Sec. 5. A new section is added to chapter 43.20 RCW to read as follows:

(1) The department of social and health services shall develop elements relating to water conservation to be included in water system plans required under RCW 43.20.050. These elements shall be adopted by rule and shall include the provisions of the model program developed under section 4 of this act.

(2) The department of ecology shall require by rule the adoption of a water conservation program as an element of any sewer plan submitted by governmental agencies. In developing this requirement, the department shall use the provisions of the model program developed under section 4 of this act.

(3) For the purposes of this section, "conservation" means those measures that limit the amount of water used only to that which is reasonably necessary for the beneficial use to be served.

NEW SECTION. Sec. 6. A new section is added to chapter 43.21A RCW to read as follows:

The department of ecology shall annually prepare, and submit to the legislature, a report summarizing the status of water use and availability in each county and each of the state's sixty-two water resource inventory areas. The report shall be based on best available information. The first report shall be submitted in 1989. Each annual report shall include:

(1) A list of all valid water rights by size, source of supply, and use.

(2) An annual report on water right certificates that authorize the instantaneous withdrawal of one cubic foot per second, or 0.65 million gallons per day, or greater. The annual report shall include the total annual, maximum month total, and estimated maximum instantaneous peak withdrawal from each well or surface water diversion structure.

(3) An estimate of the aggregate total water use by user category for water right certificate holders not required to submit an annual report.

(4) An inventory of the annual, maximum and minimum month, and instantaneous yield of water availability from all surface and groundwater supplies from which one cubic foot per second, or 0.65 million gallons per day, of water withdrawal is authorized.

(5) An estimated 1990 inventory of available state water resources, and compare the availability with allocated water rights, existing use, and projected demand for the years 1990, 1995, 2000, 2010, and 2035.

Sec. 7. Section 43.20.050, chapter 8, Laws of 1965 as last amended by section 1, chapter 213, Laws of 1985 and RCW 43.20.050 are each amended to read as follows:

(1) The state board of health shall provide a forum for the development of public health policy in Washington state. It is empowered to hold hearings and explore ways to improve the health status of the citizenry.

(2) In order to protect public health, the state board of health shall:

(a) Adopt rules and regulations for the protection of water supplies for domestic use, and such other uses as may affect the public health, and shall adopt standards and procedures governing the design, construction and operation of water supply, treatment, storage, and distribution facilities, as well as the quality of water delivered to the ultimate consumer. These rules, standards, and procedures shall be in accordance with the rules adopted under section 5 of this 1988 act;

(b) Adopt rules and regulations and standards for prevention, control, and abatement of health hazards and nuisances related to the disposal of wastes, solid and liquid, including but not limited to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design, construction, and operation of sewage, garbage, refuse and other solid waste collection, treatment, and disposal facilities;

(c) Adopt rules and regulations controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, cleanliness and space in all types of public facilities including but not limited to food service establishments, schools, institutions, recreational facilities and transient accommodations and in places of work;

(d) Adopt rules and regulations for the imposition and use of isolation and quarantine; and

(e) Adopt rules and regulations for the prevention and control of infectious and noninfectious diseases, including food and vector borne illness, and rules and regulations governing the receipt and conveyance of remains of deceased persons, and such other sanitary matters as admit of and may best be controlled by universal rule.

(3) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs, constables, and all other officers and employees of the state, or any county, city, or township thereof, shall enforce all rules and regulations adopted by the state board of health. In the event of failure or refusal on the part of any member of such boards or any other official or person mentioned in this section to so act, he shall be subject to a fine of not less than fifty dollars, upon first conviction, and not less than one hundred dollars upon second conviction.

NEW SECTION. Sec. 8. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the emergency water project revolving account to the department of ecology for the purposes of this act.