S-1878

AN ACT Relating to water management; amending RCW 19.27.097; adding new sections to chapter 90.44 RCW; and providing a contingent effective date.

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

Sec. 1. RCW 19.27.097 and 1990 1st ex.s. c 17 s 63 are each amended to read as follows:

Except for buildings requiring individual water supplies in areas designated as areas without significant water resource problems in accordance with section 2 of this act, each applicant for a building permit of a building necessitating potable water shall provide evidence of ((~~an adequate~~)) a water supply of sufficient quality and quantity for the intended use of the building. Evidence may be in the form of a ((~~water right permit from the department of ecology, a~~)) letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. ((~~An application for a water right shall not be sufficient proof of an adequate water supply.~~))

Buildings that do not need potable water facilities are exempt from the provisions of this section. For the purposes of this section, individual water supplies are defined as those providing potable water to one single family residence. The department of ecology ((~~may~~)) and the state board of health shall each adopt rules to implement this section.

NEW SECTION. Sec. 2. A new section is added to chapter 90.44 RCW to read as follows:

As used in sections 2 through 6 of this act and RCW 19.27.097, "areas without significant water resource problems" are areas within counties not required by RCW 36.70A.040 to adopt comprehensive land use plans and development regulations that do not have significant problems associated with the quantity or quality of potable water, either known or probable. To designate areas without significant water resource problems, county governments shall first consult with the department of ecology regarding water supply availability and with the department of health regarding the quality of potable water for areas within the county, based on guidelines developed pursuant to section 6 of this act. County governments shall also consult with federally recognized Indian tribes having interests in the quantity or quality of waters within areas considered for designation.

County governments may recommend to the departments of health and ecology areas that the county believes have no significant water quality or quantity problems. Counties shall include sufficient documentation to support their recommendations for designation. The department of health shall review county recommendations to determine if significant water quality problems exist within areas recommended. The department of ecology shall review county recommendations to determine if significant water quantity problems exist within the areas. Review shall be based on the guidelines developed pursuant to section 6 of this act.

If both departments determine that significant water resource problems do not exist, the county recommendations shall be adopted and the areas designated by the departments as areas without significant water resource problems. If the department of health determines that one or more significant water quality problems exist, or if the department of ecology determines that one or more significant water quantity problems exist within a recommended area, the recommendation of the county shall be denied. The departments shall issue written findings and conclusions to support the determination that significant water quality or quantity problems exist, and shall send a copy of the decision to the county within sixty days of receipt of the county recommendations and supporting documentation. If the departments fail to issue a determination within sixty days of receiving county recommendations and supporting documentation, the recommendations shall be considered adopted until such time the department of health or ecology comes forward with documentation demonstrating significant water quality or quantity problems for the area at issue together with written findings and conclusions supporting its determination. The departments of health and ecology may make recommendations to counties for adjusting recommended areas to remove significant water resource problems from within their boundaries.

Tribal governments having lands within county boundaries that are otherwise not subject to the provisions of sections 2 through 6 of this act, or having interests regarding the quantity or quality of waters within county boundaries, shall be consulted by the departments of health and ecology prior to designation of an area as one without significant water resource problems, and shall be given timely notice in writing when designations occur.

NEW SECTION. Sec. 3. A new section is added to chapter 90.44 RCW to read as follows:

Except for areas designated as areas without significant water resource problems pursuant to section 2 of this act, county governments shall deny building permits where there is insufficient evidence of adequate quantities or quality of available potable water for the intended use of the building, or shall impose conditions or requirements on issuance of permits that address identified water quantity or quality concerns. Those conditions and requirements may include, but are not limited to, well siting requirements, water treatment requirements, and the requirement of connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. When connection to an existing system is required, applicable public health standards, utility service policies, and approved coordinated water system plans for the area shall be used for guidance in determining who will provide service. The department of health shall establish criteria to determine when connection with an existing public water system is required. For individual water supplies serving one single family residence, conditions and requirements imposed by counties on building permits in order to address water quality problems may at the discretion of the county be limited to disclosure of the quality problems to applicants and to subsequent purchasers or lessees of the building, consistent with rules that may be adopted by the state board of health regarding quality standards for individual water supplies. Nothing in RCW 19.27.097 or sections 2 through 6 of this act shall be construed to require an applicant for water service to annex to a city or town unless there is an agreement to do so among relevant land use jurisdictional authorities.

NEW SECTION. Sec. 4. A new section is added to chapter 90.44 RCW to read as follows:

If areas are recommended by counties to the departments of ecology and health for designation as areas without significant water resource problems and those recommendations are not adopted, the county may petition the state board of health to review the department of health's findings and conclusions on water quality in the recommended areas, and may likewise petition the pollution control hearings board to review the department of ecology's findings and conclusions on water quantity for the areas recommended. The county's petitions shall include information and documents that support its recommendation to designate areas without significant water resource problems.

The decision of the pollution control hearings board or the state board of health shall determine the administrative designation for the recommended area. Decisions of the pollution control hearings board or the state board of health shall be appealable in the superior court of the county in which the recommended area is located.

NEW SECTION. Sec. 5. A new section is added to chapter 90.44 RCW to read as follows:

Local governments, the department of ecology, and the department of health shall use information that is currently available to them to recommend and designate areas without significant water resource problems. Decisions by the departments of health and ecology to designate an area as one without significant water resource problems shall be subject to periodic review at the departments' discretion but not less than once every five years. Local government, the department of ecology, and the department of health shall not be liable for problems of water availability or water quality that may be found in areas designated as areas without significant water resource problems.

NEW SECTION. Sec. 6. A new section is added to chapter 90.44 RCW to read as follows:

The department of ecology and the department of health, in consultation with representatives from counties, local health departments, county planners, and the state board of health, in consultation with representatives of tribal governments, and with input from interested parties and the general public, shall establish guidelines for determining areas without significant water resource problems. As used in this section and section 7 of this act, the term "guidelines" means "to describe parameters that guide local recommendations for designation of areas without significant water resource problems while at the same time allow the exercise of local government discretion." These guidelines shall be adopted by rule under chapter 34.05 RCW by December 31, 1991.

NEW SECTION. Sec. 7. Section 1 of this act shall take effect when the guidelines required by section 6 of this act have been adopted.