BILL REQ. #:  S-3600.6 



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SENATE BILL 6151
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State of Washington59th Legislature2006 Regular Session

By Senators Schoesler, Poulsen, Mulliken, Rasmussen, Jacobsen, Morton and Delvin

Read first time 01/09/2006.   Referred to Committee on Water, Energy & Environment.



     AN ACT Relating to water policy in regions with regulated reductions in aquifer levels; adding a new section to chapter 90.44 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 the department of ecology adopted ground water management subarea rules to manage aquifer depletions in the Odessa subarea, which includes undeveloped portions of the federal Columbia basin project.
     (2) The legislature also finds that deep well agricultural irrigation was permitted within the Odessa subarea under the expectation that federal Columbia basin project water would be delivered to replace the temporary ground water withdrawals in time to stabilize aquifer levels.
     (3) The legislature further finds that because federal project water has not been delivered as anticipated, aquifer levels have continued to decline despite department of ecology and community efforts to manage ground water withdrawals in a sustainable manner.
     (4) The legislature further finds that, because substantial project expansion and aquifer recharge is a long-term effort, the continued availability of ground water for domestic, municipal, industrial, and agricultural uses in the region is in great jeopardy.
     (5) The legislature therefore declares that immediate relief is needed to encourage more efficient use of water and to protect the region's citizens from economic hardships and public health and safety risks that can result from declining aquifer levels.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.44 RCW to read as follows:
     (1) In order to encourage more efficient use of water, where the source of water is an aquifer within the Odessa ground water subarea as defined in chapter 173-128A WAC:
     (a) Any period of nonuse of a right to withdraw ground water from the aquifer is deemed to be involuntary due to a drought or low flow period under RCW 90.14.140(2)(b); and
     (b) Such unused water is deemed a standby or reserve water supply that may again be used after the period of nonuse, as long as: (i) Reductions in water use are a result of conservation practices, irrigation or water use efficiencies, long or short-term changes in the types or rotations of crops grown, economic hardship, pumping or system infrastructure costs, unavailability or unsuitability of water, or willing and documented participation in cooperative efforts to reduce aquifer depletion and optimize available water resources; (ii) withdrawal or diversion facilities are maintained in good operating condition; and (iii) the department has not issued a superseding water right permit or certificate to designate a portion of the ground water right replaced by federal Columbia basin project water as a standby or reserve right under RCW 90.44.510.
     (2) If water from the federal Columbia basin project has been delivered to a place of use authorized under a right to withdraw ground water from the aquifer, the provisions of RCW 90.44.510 apply and supersede the provisions of this section.
     (3) Portions of rights protected under this section may not be transferred outside Odessa subarea boundaries as defined in WAC 173-128A-040. Transfers within Odessa subarea boundaries remain subject to the provisions of RCW 90.03.380, 90.03.390, 90.44.100, and WAC 173-130A-200.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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