BP BHEAD INT S

AN ACT Relating to water resource management; amending RCW 90.03.010, 90.03.015, 90.03.040, 90.03.290, 90.03.380, 90.44.070, 90.54.020, 90.03.340, 90.14.140, and 90.22.010; reenacting and amending RCW 90.03.247; adding new sections to chapter 90.03 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. FINDINGS‑-INTENT. The legislature finds that the state's water resource management laws and institutions must be capable of responding in the interest of all citizens of the state to changing conditions, including increasing population, increasing water use demands, both in-stream and off-stream, and changes in natural conditions relating to water supply levels. The fundamental principle underlying the state's appropriative system is that water be applied to a beneficial use, a concept which has evolved since statehood to address all public values in water use. The beneficial use principle also determines the measure of each appropriative right, which is further tested by a "reasonable use" test. The legislature recognizes that this test in the context of the public's interest in the state's water resources must include evaluation of many factors, including growing water use demands, environmental protection needs, changes in water use technology, and changes in natural conditions affecting water supply levels.

For these reasons the legislature intends by this act to provide additional statutory guidance on the consideration of the public interest in the administration of the water resource laws, to improve the integration of the appropriative system with minimum stream flow protections, and to provide a means for the equitable reduction in water withdrawals where necessary to avoid extreme hardship during periods of critical water shortage.

Sec. 2. RCW 90.03.010 and 1917 c 117 s 1 are each amended to read as follows:

The power of the state to regulate and control the waters within the state shall be exercised as hereinafter in this chapter provided. ((~~Subject to existing rights~~)) All waters within the state belong to the public, and any right thereto, or to the use thereof, shall be ((~~hereafter~~)) acquired only by appropriation for a beneficial use and in the manner ((~~provided and not otherwise~~)) and subject to the limitations of this chapter and chapters 90.44, 90.48, and 90.54 RCW; and, as between appropriations, the first in time shall be the first in right. Nothing contained in this chapter shall be construed to lessen, enlarge, or modify the existing rights of any riparian owner, or any existing right acquired by appropriation, or otherwise. They shall, however, be subject to condemnation as provided in RCW 90.03.040, to limitations during periods of critical water shortages as provided in section 14 of this act, and the amount and priority thereof may be determined by the procedure set out in RCW 90.03.110 through 90.03.240.

Sec. 3. RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:

As used in this chapter:

(1) "Beneficial use" means the type and quantity of use provided in section 4 of this act;

(2) "Department" means the department of ecology;

((~~(2)~~)) (3) "Director" means the director of ecology; and

((~~(3)~~)) (4) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.

NEW SECTION. Sec. 4. APPLICATION TO BENEFICIAL USE. (1) The existence and measure of all existing rights to withdraw waters of the state, and all future rights that might be acquired, shall be determined based upon the beneficial use of water. All uses of water that are efficient and in the public interest are beneficial uses of water, except that the extent of the use determined to be beneficial may be reduced during periods of critical water shortage as provided in section 14 of this act, and that no misuse of water shall be considered beneficial.

(2) The efficient use of water is that use that does not exceed the rate and amount that will provide the duty of water for the type of use involved plus a reasonable transportation loss where applicable. In the case of existing rights, what constitutes efficient use shall be adjusted to take into account any beneficial effects of return flows, where alternative means of achieving the effects are not readily available. The department shall adopt rules by July 1, 1995, providing methods to test the efficiency of uses, including:

(a) The method by which the duty of water for any locality shall be determined, having due regard for local differences in soil, climate, topography, and other relevant factors;

(b) The method by which reasonable transportation losses for any locality shall be determined, having due regard for the customary practices in the area, and current technology available at a reasonable cost; and

(c) Guidelines for identification of the beneficial effects of return flows and for the determination on a case-by-case basis of the rates and amounts of water to be allocated to the maintenance of such effects, which shall be considered an efficient use. The guidelines shall include criteria to determine whether alternative means of achieving such beneficial effects are readily available.

(3) Misuse of water occurs when its use degrades water quality of the source waters or waters receiving return flows below applicable state water quality standards.

NEW SECTION. Sec. 5. EFFICIENCY REQUIREMENTS APPLIED TO EXISTING PERMITS. (1) The department shall review all existing uses of state waters through appropriative rights to ensure that the use complies with the requirements of efficiency provided in section 4 of this act. The department shall conduct its review on a state-wide basis with consideration of all geographic regions of the state and all types of uses. When it finds that a use is not efficient it shall so notify the user, specifying the actions that must be taken to comply and providing a reasonable compliance period. If the user fails to comply, the department may issue a regulatory order under RCW 43.27A.190 requiring that the efficiency measures be undertaken.

(2) A user failing to comply with a regulatory order requiring efficiency measures to be implemented shall relinquish that quantity of the user's water right that the measures would have achieved in water savings. The department shall initiate an adjudicatory proceeding before the pollution control hearings board pursuant to chapter 43.21B RCW to enforce this subsection. The proceeding shall be a de novo determination by the board, and appealable in such a manner as are other water rights determinations by the board.

NEW SECTION. Sec. 6. PUBLIC INTEREST CONSIDERATIONS. In evaluating whether applications for a new water right, a transfer of a water right, or a modification of the use or point of diversion, are in the public interest, the department shall consider the following:

(1) The economic net benefits to the state and local region, including the consideration of the opportunity costs of alternative foregone uses of the water;

(2) The cost-effectiveness of the proposed use in comparison with alternative sources of water, including costs and benefits external to the applicant or transferee;

(3) Effects on public uses of water, including the in-stream uses enumerated in RCW 90.22.010 and 90.54.020;

(4) Water resource plans and local comprehensive growth management plans applicable to the area of the water source;

(5) Effects on public land and facilities and other water-related public resources;

(6) Effects of proposed water transfers to another location upon the local communities in the area of origin;

(7) Effects on water quality, public health, and safety;

(8) The extent to which the proposal maximizes water conservation and efficient use;

(9) Effects upon public access to navigable and other waters of the state; and

(10) Consistency with applicable water resource fundamental principles of RCW 90.54.020.

Sec. 7. RCW 90.03.040 and 1917 c 117 s 4 are each amended to read as follows:

The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge existing structures employed for the public purposes mentioned in this chapter and use the same in common with the former owner, and including the right and power to condemn an inferior use of water for a superior use. In condemnation proceedings the court shall determine ((what use will be for the greatest public benefit, and that use shall be deemed a superior one: PROVIDED, That no property right in water or the use of water shall be acquired hereunder by condemnation for irrigation purposes, which shall deprive any person of such quantity of water as may be reasonably necessary for the irrigation of his land then under irrigation to the full extent of the soil, by the most economical method of artificial irrigation applicable to such land according to the usual methods of artificial irrigation employed in the vicinity where such land is situated. In any case, the court shall determine what is the most economical method of irrigation. Such property or rights shall be acquired in the manner provided by law for the taking of private property for public use by private corporations)) whether the use proposed by the condemnor is superior to that of the condemnee by applying the public interest consideration in section 6 of this act.

Sec. 8. RCW 90.03.247 and 1987 c 506 s 95 and 1987 c 505 s 81 are each reenacted and amended to read as follows:

((~~Whenever an application for~~)) A permit to make beneficial use of public waters ((is)) approved after November 12, 1889, relating to a stream or other water body for which minimum flows or levels have been adopted ((~~and are in effect at the time of approval, the permit~~)) shall be conditioned to protect the levels or flows. No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to RCW 75.20.100 and chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of ((~~fisheries, the department of~~)) fish and wildlife, the state energy office, the department of agriculture, and representatives of the affected Indian tribes. Nothing ((~~herein~~)) in this section shall preclude the department of ((~~fisheries, the department of~~)) fish and wildlife, the energy office, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of ((~~fisheries, the department of~~)) fish and wildlife, the energy office, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.

Sec. 9. RCW 90.03.290 and 1988 c 36 s 66 are each amended to read as follows:

(1) When an application complying with the provisions of this chapter and with the rules and regulations of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied. If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation. If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is ((~~likely to prove detrimental to~~)) in the public interest, ((~~having in mind the highest feasible use of the waters belonging to the public.~~)) considering the factors set forth in section 6 of this act.

(2) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. However, construction of any works for the diversion of water may not be authorized under a preliminary permit. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.

(3) Following its investigation and the receipt of all necessary information in the application, the department shall make and file as part of the record in the matter, written findings of fact concerning all ((~~things~~)) issues and facts investigated((, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where)). The department may issue the permit if it determines that:

(a) There is water available for appropriation for a beneficial use as defined in section 4 of this act;

(b) The appropriation as proposed in the application will not impair existing rights; and

(c) The appropriation is consistent with the public interest, considering the factors set forth in section 6 of this act.

(4) Where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. ((But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for.))

(5) If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit.

(6) Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. ((~~In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application.~~))

(7) After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470((~~: PROVIDED FURTHER, That~~)).

(8) In the event a permit is issued by the department upon any application, it shall be its duty to notify ((~~both~~)) the director of ((~~fisheries and the director of~~)) fish and wildlife of such issuance.

Sec. 10. RCW 90.03.380 and 1991 c 347 s 15 are each amended to read as follows:

(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used((~~: PROVIDED, HOWEVER, That said~~)) except as provided in this section. The right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if ((~~such change can be made without detriment or injury to existing rights.~~)) approved as provided for in this section. The point of diversion of water for beneficial use or the purpose of use may be changed((~~, if such change can be made without detriment or injury to existing rights~~)) as provided in this section.

(2) Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and ((~~said~~)) application shall not be granted until notice of said application shall be published as provided in RCW 90.03.280. ((If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use.)) The department may grant a certificate for the transfer or change if it determines that:

(a) The transfer or change can be made without detriment or injury to existing rights; and

(b) The transfer or change is consistent with the public interest, considering the factors set forth in section 6 of this act.

(3) The certificate so issued shall be filed and be made a record with the department and ((~~the~~)) a duplicate certificate issued to the applicant ((~~may~~)) shall be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

(4) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

(5) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district.

(6) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

Sec. 11. RCW 90.44.070 and 1987 c 109 s 110 are each amended to read as follows:

(1) No permit shall be granted for the development or withdrawal of public ground waters beyond the capacity of the underground bed or formation in the given basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, or within a reasonable or feasible reduction of pressure in the case of artesian developments. ((~~The department shall have the power to determine whether the granting of any such permit will injure or damage any vested or existing right or rights under prior permits and~~))

(2) The department may grant the permit if it determines that:

(a) No injury or damage to any vested or existing right or rights under prior permits will occur;

(b) The permit is consistent with the public interest, considering the factors set forth in section 6 of this act; and

(c) The permit will not cause a depletion of waters beyond the rate of recharge of the underground bed or formation as measured over a period of no less than five years.

(3) The department may in addition to the records of the department, require further evidence, proof, and testimony before granting or denying any such permits.

Sec. 12. RCW 90.54.020 and 1989 c 348 s 1 are each amended to read as follows:

Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:

(1) All uses of water ((for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state,)) consistent with the limitations of section 4 of this act and the public interest factors set forth in section 6 of this act are declared to be beneficial.

(2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.

(3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:

(a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

(b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served. Technology-based effluent limitations or standards for discharges for municipal water treatment plants located on the Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted to reflect credit for substances removed from the plant intake water if:

(i) The municipality demonstrates that the intake water is drawn from the same body of water into which the discharge is made; and

(ii) The municipality demonstrates that no violation of receiving water quality standards or appreciable environmental degradation will result.

(4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.

(5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

(6) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state. In addition to traditional development approaches, improved water use efficiency and conservation shall be emphasized in the management of the state's water resources and in some cases will be a potential new source of water with which to meet future needs throughout the state.

(7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

(8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

(9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

(10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.

Sec. 13. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:

The right acquired by appropriation shall relate back to the date of filing of the ((~~original application with the department~~)) issuance of a permit under RCW 90.03.290(3) and, for withdrawal of public ground waters, the issuance of a final permit under RCW 90.44.070.

NEW SECTION. Sec. 14. PERIODS OF CRITICAL WATER SHORTAGE. (1) It is the intent of the legislature by this section to recognize that maximizing the benefit of the uses of the state's waters for all of its citizens requires procedures capable of addressing the substantial changes in the state's development and uses of water, needs for environmental protection, and changes in natural conditions or legal decisions affecting water supply. The extent and measure of water withdrawal rights deemed beneficial under normal conditions of water supply may be determined excessive when such supply is greatly diminished for some or all users, and the state must have procedures within its water resource laws to redefine beneficial uses in such extraordinary circumstances, and to act to protect the public health, welfare, and safety.

(2) The governor may declare a critical water shortage in a geographical area of the state, when he or she determines that:

(a)(i) Due to natural conditions or an emergency the area is experiencing or likely to experience within that calendar year a water supply that is below sixty percent of normal; or

(ii) A judicial decision or action to establish a minimum flow or level is likely to restrict the withdrawals of a substantial number of rights holders with junior priority dates in the water source; and

(b) The water shortage is likely to cause severe hardship within the area.

(3) In determining the shortage under subsection (2)(a)(i) of this section, the governor shall consider the advice of state and federal agencies charged with monitoring the quantity of water supplies within the area. The normal water supply for the area shall be determined based upon the average amount of water available for the area on an annual basis. The evaluation shall include consideration of precipitation, stream flow, snowpack, and other hydrological and meteorological factors.

(4) In determining the potential for hardship under subsection (2)(b) of this section, the governor shall obtain the views of the governing bodies of the general purpose local governments within the area.

(5) A declaration under this section shall be for a specific period of time up to one year. The declaration may be renewed in the manner and subject to the limitations upon the original declaration.

(6) The declaration shall be published once a week for six consecutive weeks in at least one newspaper of general circulation within the area, and announced by broadcast media received within the area for the same duration.

(7) The conditions placed upon existing water rights during a critical water shortage under this section shall not be effective prior to ninety days following the declaration by the governor.

(8) During the period of a declared critical water shortage, the governor may direct the department of ecology to issue orders restricting the uses of water within the area for the purpose of reducing the hardship upon all users. The restrictions shall apply to all water rights within the area, and shall be determined in a specific quantity or rate of flow that is equitable among all rights holders subject to the restrictions, considering the relative seniority of the rights and the public interest factors set forth in section 6 of this act. The restrictions may apply to less than all rights holders to a water source, but a rights holder may be subject to restriction only if all other rights holders of record with the department with a junior priority date are also subject to restriction.

(9) In determining the restrictions applicable to each water right, the department shall accord the greatest weight to the seniority of the right. The weight given to seniority may be reduced depending upon the extent of the shortfall of water supplies within the area of a declared critical water shortage. However, restrictions shall not be modified more than annually during the period of the declaration.

Sec. 15. RCW 90.14.140 and 1987 c 125 s 1 are each amended to read as follows:

(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined ((as)) to include either the failure to beneficially use water as defined in section 4 of this act, or the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where ((~~such~~)) the failure or nonuse occurs as a result of:

(a) Drought, or other unavailability of water;

(b) Active service in the armed forces of the United States during military crisis;

(d) ((~~The operation of legal proceedings~~)) An administrative order or court order that temporarily prevents the use of the right;

(e) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas; or

(f) Compliance with a permit to discharge wastes issued under chapter 90.48 RCW.

(2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:

(a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW, or

(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply, or

(c) ((If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later, or

~~(d)~~)) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW, or

((~~(e)~~)) (d) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030 as now or hereafter amended.

Sec. 16. RCW 90.22.010 and 1988 c 47 s 6 are each amended to read as follows:

(1) The department of ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of ecology shall, when requested by the department of ((~~fisheries or the department of~~)) fish and wildlife to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or if the department of ecology finds it necessary to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request or determination. Any request submitted by the department of ((~~fisheries or department of~~)) fish and wildlife shall include a statement setting forth the need for establishing a minimum flow or level. When the department acts to preserve water quality, it shall include a similar statement with the proposed rule filed with the code reviser. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.

((The current guidelines, standards, or criteria governing the instream flow programs established pursuant to this chapter shall not be altered or amended after March 15, 1988, in accordance with RCW 90.54.022(5).)) (2) A minimum water flow or level adopted under this section shall be considered an appropriative right and shall have a priority date of the twelfth of November, 1989.

NEW SECTION. Sec. 17. Sections 4, 5, 6, and 14 of this act are each added to chapter 90.03 RCW.

NEW SECTION. Sec. 18. Captions used in this act do not constitute any part of the law.

NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.