BP BHEAD INT H

AN ACT Relating to watershed planning and management; amending RCW 90.44.050, 19.27.097, 58.17.110, 43.21A.064, 90.03.070, 43.20.230, 70.116.030, 70.116.050, 90.44.450, 90.03.340, 90.03.270, 90.03.280, 90.03.290, 90.03.380, 90.03.470, 89.30.001, and 90.40.090; amending 1994 c 239 s 3 (uncodified); adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding new sections to chapter 36.70A RCW; adding a new section to chapter 70.116 RCW; adding a new section to chapter 70.119A RCW; adding a new section to chapter 43.20 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 90.54 RCW; adding a new section to chapter 89.08 RCW; adding new sections to chapter 43.27A RCW; adding new sections to chapter 90.03 RCW; adding a new section to chapter 87.03 RCW; adding new sections to chapter 43.21B RCW; adding a new chapter to Title 90 RCW; creating new sections; repealing RCW 90.03.471, 90.38.005, 90.38.010, 90.38.020, 90.38.030, 90.38.040, 90.38.050, 90.38.900, 90.38.901, and 90.38.902; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds it a high priority for the state to expedite the development of comprehensive watershed resource management plans in cooperation with local, federal, and tribal governments. Such plans will resolve uncertainties about water quality, water resources, and habitat conservation measures necessary to preserve the environment, provide economic prosperity, and avoid federal or judicial interventions stemming from noncompliance with federal treaties and laws, including the endangered species act, 16 U.S.C. Sec. 1531, et seq. and the clean water act, 33 U.S.C. Sec. 1251, et seq.

The legislature also finds that watershed planning should model itself upon the planning efforts in the Methow and Dungeness and Quilcene watersheds, pursuant to RCW 90.54.045. Such planning efforts have demonstrated the benefits of cooperatively based and locally driven watershed planning efforts, and have provided increased certainty as to the availability of water for instream and out-of-stream uses and future economic development. Continued integrated and coordinated planning and its implementation is needed to achieve the most effective and efficient use of public funds.

The legislature further finds that such watershed planning should extend state-wide and should encompass the protection of water quality, the assurance of public water supplies, and the enhancement, restoration, and conservation of fish and wildlife habitat. It also should encompass the recovery of species that are about to become or are listed as threatened or endangered.

NEW SECTION. Sec. 2. (1) It is the intent of this chapter to ensure the development of watershed resource management plans that will provide certainty as to water quality, water availability, and habitat conservation measures that must be known and considered for informed local decisions on land use planning and economic development and state decisions on water resources and water quality.

It is further the intent to implement the plans through federal, state, local, and tribal authority, including the laws related to water quality, water allocation, public water supply, fish and wildlife protection, forest practices, and local land-use planning. Watershed resource management plans must therefore be comprehensive, addressing at a minimum water quality, ground and surface water availability and use, economic development, and habitat conservation.

(2) The state shall also support watershed planning by providing, as a high priority and to the maximum extent possible, technical assistance, and funds for development, implementation, and monitoring of watershed resource management plans.

NEW SECTION. Sec. 3. For the purpose of this chapter, the following terms are defined as follows:

(1) "Person" means a firm, association, corporation, irrigation district, water district, or other municipal corporation, governmental agencies, as well as an individual.

(2) "Watershed resource management plan" or "watershed plan" means a plan that provides specific water quality, water availability, and habitat conservation measures to be implemented in managing and regulating the water and land use in the watershed, and when adopted or implemented will comply with the requirements of federal law under the endangered species act, 16 U.S.C. Sec. 1351, et seq., the clean water act, 33 U.S.C. Sec. 1251, et seq., and will, to the extent possible, address tribal claims under their respective treaties for use of water.

(3) "Habitat conservation" or "habitat measures" are those requirements for managing a watershed that protect and restore the full productive capacity of the fish and wildlife resources.

(4) "Initiating entity" means a local or tribal government or special purpose district designated by the local governments and tribal governments petitioning under section 4 of this act.

(5) "Department" means the department of ecology.

(6) "Council" means the Washington watershed coordinating council.

(7) "Caucus" means a group of persons having common views and goals regarding the issues that are addressed through watershed planning under this chapter.

(8) Endangered species act means the endangered species act of 1973, as amended and codified in 16 U.S.C. Sec. 1531-1544.

NEW SECTION. Sec. 4. (1) To commence watershed planning under this chapter, cities, towns, and counties with jurisdictions within a proposed watershed planning area and affected Indian tribal governments shall designate an "initiating entity" to petition the state. The petition must be endorsed by resolutions by each city, town, county, and tribal government. The petitioning cities, towns, and counties must have within their combined jurisdictions a majority of the population and nonfederal land in the watershed. The petition shall be directed to the governor. The petition shall provide:

(a) The boundaries of the watershed. The watershed must include one or more entire water resource inventory areas established by the department pursuant to chapter 90.54 RCW;

(b) A description of the status of the water quality, water allocation, and economic development in the watershed, specifically addressing whether water availability or water quality are negatively affecting the economic development in the watersheds;

(c) A general description, of the status of the health of the fish and wildlife species in the watersheds, including whether any species are listed or may be listed as threatened or endangered by the United States fish and wildlife service or the national marine fisheries service under the endangered species act or by the Washington fish and wildlife commission under RCW 77.12.020;

(d) A general description of other significant environmental, natural resource, or development issues, including flood control, that impact the condition of the watersheds;

(e) The current projections and plans for population and economic growth in the watersheds, and the estimated demand for water to meet these projections;

(f) A list and status of other natural resource, public water system, land use, and agricultural planning and management efforts currently being developed or implemented in the watershed;

(g) The local and tribal governments' respective authorities and abilities to help fund the development and implementation of a watershed plan.

(2) Any petition for planning to commence in 1995 shall be filed by September 1, 1995, with the governor; and the governor shall approve or deny it by October 1, 1995. Thereafter, a petition must be filed with the governor by May 1st of the year the petitioners wish to commence planning, and the governor must approve or deny the petition by July 1st. In reviewing petitions the governor shall consult with the council. Petitions may be resubmitted to the governor for reconsideration the following year or thereafter.

(3) In reviewing a petition, the governor must consider the status of water resources and of fish and wildlife habitat, including a specific review of the urgency of public water supply needs, listings or foreseeable listing of species under the endangered species act, the readiness of local and tribal governments to proceed with the process, the extent to which necessary data are available, and the growth pressures on water quality, available water supply, and fish and wildlife habitat. The governor shall determine whether state, local, or federal funds are available to develop and implement the plan. The governor shall determine which petitions to approve if not enough funding exists to commence all plans in pending petitions.

(4)(a) Within thirty days of approval of the petition, the initiating entity shall call an invitational meeting of all interested persons in the watershed. At that meeting, caucuses shall be identified for the planning process. The caucuses shall represent state government, local governments, Indian tribes, and interests from agriculture, business, environment, and fisheries, both sport and commercial, and recreation. The federal government shall be invited and encouraged to establish a caucus.

(b) Within sixty days after the invitational meeting, a planning group of two representatives from each caucus shall convene. Each caucus shall choose its representatives to the planning group. A group not granted caucus status may petition the governor for caucus status. The petition shall justify the need for the new caucus by showing substantive differences from existing caucuses' goals.

(c) The planning group shall designate one or more governmental entities to administer all phases of the planning process, to enter into contracts agreed to by the planning group, and to coordinate intergovernmental agreements among the participating entities.

(d) The planning group decisions shall require a majority vote of the nongovernmental caucuses and the unanimous consent of the governmental caucuses, provided that the planning group by agreement of all parties may approve a different process for making decisions.

NEW SECTION. Sec. 5. Within thirty days of approval of a petition the governor shall request appropriate federal agencies to approve under the endangered species act the development in an approved watershed of habitat conservation measures for species listed or that may soon be listed as endangered or threatened. In coordination with the planning group, the governor shall request the federal government to enter into a memorandum of understanding or cooperative agreement for the development and implementation of habitat conservation measures that will, at a minimum, satisfy the requirements of the endangered species act. If no such species exist in a watershed, or if the federal government otherwise determines it will not or cannot negotiate with the planning group to meet requirements of the endangered species act, the planning group shall proceed to develop the watershed plan and to address habitat conservation issues within the watershed.

Sec. 6. 1994 c 239 s 3 (uncodified) is amended to read as follows:

(1) The watershed coordinating council is hereby established. The council shall be comprised of the commissioner of public lands or the commissioner's designee and the director or the director's designee or the secretary or the secretary's designee of the following agencies: The department of transportation, the department of agriculture, the department of ecology, the department of fish and wildlife, the department of health, the department of community, trade, and economic development, the interagency committee for outdoor recreation, the Puget Sound water quality authority, and the conservation commission. The members of the council shall coordinate their watershed planning and implementation activities. Meetings of the council shall be subject to the provisions of the open public meetings act.

(2) In conjunction with the council's efforts, the commissioner of public lands shall continue to coordinate the department of natural resources' landscape planning and implementation activities with landowners and other interested parties.

(3) The council shall coordinate its activities set forth in section 4 of this act with federal, tribal, and local governments.

(4) The directors of the departments of agriculture, fish and wildlife, and ecology and the commissioner of public lands shall organize meetings of the council and shall cooperatively ensure a reasonable level of staff support for the council and for the task force established in section 5 of this act.

(5) The watershed coordinating council shall ((~~expire on June 30, 1997~~)) provide information and data under section 8 of this act.

NEW SECTION. Sec. 7. Within ninety days of being established under section 4(4)(b) of this act, the planning group shall adopt a scope of work that describes the schedule, information, data requirements, responsibilities for addressing issues, funding requirements, and other plan elements necessary to comply with this chapter. The planning group shall conduct a public hearing on the scope of work before adopting it.

NEW SECTION. Sec. 8. (1) Within ninety days after the governor's approval of the planning petition, the council in cooperation with local and tribal governments, and federal and state agencies, shall provide the planning group all available data and information related to the watershed, including, but not limited to:

(a) Current water use, both consumptive and nonconsumptive, both ground water and surface water;

(b) Water right claims, certificates, and permits for water use;

(d) Habitat condition; and

(e) General status of fish and wildlife.

Local, tribal, and state agencies shall provide in a timely manner the data, reports, and other information requested by the council. The council, in cooperation with other agencies, shall also provide to the planning group basic information on water resources, water quality, fish and wildlife legal issues, hydrology, instream flow and hydraulic continuity policies, fish and wildlife biology and status, and other general information the council determines relevant.

(2) The planning group may also request the governmental entity or entities designated in section 4(4)(c) of this act to enter into contracts to obtain additional data and technical information.

NEW SECTION. Sec. 9. (1) Within two years after the governor's approval of a petition, the planning group shall adopt a watershed plan. If the planning group has made sufficient progress in the development of the plan, the governor may extend the date for adopting the plan for up to one additional year.

(2) The planning group shall conduct a public hearing on the watershed plan before it adopts the plan.

(3) The planning group shall make recommendations in the watershed plan on each of the following:

(a) Water use efficiency and conservation standards applicable to the watershed for (i) the conditioning and permitting of water use, (ii) the approval of water systems, (iii) conservation planning and implementation, and (iv) compliance with the beneficial use of water;

(b) Measures and plans to improve the water quality of the ground and surface water sources;

(d) Water supply planning requirements under the growth management act, chapter 36.70A RCW;

(e) Instream flow requirements, and measures for habitat conservation as defined in this act;

(f) Priorities for the expenditures of implementation funds for water conservation, water quality improvements, and habitat protection and restoration;

(g) Metering and reporting requirements for new and existing water users;

(h) Conditions and limitations on future water rights permits and change authorizations within the watershed;

(i) Reservations and other allocations of water for future beneficial use;

(j) Priorities for acquisition and use of trust water rights, including development and operation of water banks;

(k) Limitations and conditions on development of wells exempt from permitting under RCW 90.44.050;

(l) Options for the potential storage of water, including artificial ground water recharge;

(m) Land use controls and incentives for habitat preservation and restoration;

(n) Measures and plans addressing flood control; and

(o) Ongoing monitoring and evaluation efforts.

(4) The plan shall specify conditions on land use and water use to implement the recommendations. In addition, as planning recommendations develop, the planning group shall develop an implementation strategy to define completion schedules, cost estimates, and entities responsible for implementing planning recommendations, including monitoring and enforcement. Plan recommendations must satisfy standards in state and federal laws and regulations.

(5) If a planning group fails to develop a plan with sufficient progress under subsection (1) of this section, the governor shall withdraw all further state funds for the groups' planning process and/or designate appropriate state agencies to investigate whether state agencies can complete the plan with assistance from federal, local, and tribal governments.

(6) After adoption of a watershed plan, the local and tribal governments and the state shall implement the plans pursuant to their respective administrative and regulatory powers, and through the adoption of local, state, and tribal legislative enactments. From the time the watershed plan is adopted or otherwise completed under subsection (5) of this section, the state and local governments may not process permit applications for development or use of water or land within habitat areas specified in the plan until they have adopted the plan into local ordinances, state regulations, or other necessary legislative enactments. The state agencies shall thereafter process, as a high priority, applications for permits to the use of water in the watershed.

(7) Concurrent with the adoption of a watershed plan or with its completion under subsection (5) of this section, the state and the local governments that participated in adoption of the plan, shall seek to enter into a binding memorandum of understanding or cooperative agreement with appropriate federal agencies for the purpose of incorporating elements of the watershed plan into a habitat plan, to satisfy the current or foreseeable enforcement requirements of the endangered species act in the watershed. The state shall have the authority to enter into a memorandum of understanding or cooperative agreement with the federal government to implement the habitat conservation measures developed in the watershed plan. Such memorandum of understanding or cooperative agreement shall be binding on all state agencies and local governments in the watershed.

NEW SECTION. Sec. 10. In attempting to resolve concerns about water availability as it affects water quality, fish or wildlife habitat, and economic growth in the region, the planning group may initiate discussions with holders of water rights to determine whether such holders will agree to conserve water and transfer the savings voluntarily or by sale or agree to lease the right or a portion of the right. The transfer of any water right or a portion of the right or the use of conserved water shall be approved by the department and implemented under the provisions of chapters 90.42 and 90.03 RCW.

NEW SECTION. Sec. 11. (1) The planning group shall recognize other planning activities. The planning efforts under this chapter shall provide for the protection of water and should coordinate development and land use planning and zoning with water quality and availability. To this end, the watershed plans adopted pursuant to this chapter shall be coordinated with the planning elements required in chapters 36.70A, 70.116, 70.119A, 43.20, 43.70, and 90.70 RCW. To the extent that the watershed plans address the elements that affect land use planning, water availability, and population and economic growth in the region, the plans shall be incorporated into, or referenced as supporting data for, the local government comprehensive growth management plan and development regulations as provided in chapter 36.70A RCW. Those portions of the plan shall be adopted pursuant to chapter 36.70A RCW and the local government's water supply plans adopted and approved under chapters 70.116, 70.119A, 43.20, and 43.70 RCW.

(2) The planning group shall consider what linkages to water use and management on and off Indian reservations it should incorporate in a watershed plan.

(3) The planning group should integrate its watershed planning with other federal, state, and local programs that impact water resource use and availability, water quality, and habitat plans.

NEW SECTION. Sec. 12. State grant or loan funds may be used to implement on-farm or private property water system improvements consistent with the watershed plan under this chapter, if the land owner agrees in advance in writing that all or a portion of the net water savings, as defined in RCW 90.42.020(2) shall be dedicated to public purposes, including but not limited to instream flow restoration.

NEW SECTION. Sec. 13. A new section is added to chapter 35.63 RCW to read as follows:

For the purposes of implementing watershed plans adopted under sections 1 through 12 of this act, city and town governments shall have the authority to adopt ordinances that through current land use planning and permitting condition the diversion, withdrawal, or use of water and at a minimum satisfy conservation standards under federal or state law.

NEW SECTION. Sec. 14. A new section is added to chapter 35A.63 RCW to read as follows:

NEW SECTION. Sec. 15. A new section is added to chapter 36.70 RCW to read as follows:

For the purposes of implementing watershed plans adopted under sections 1 through 12 of this act, county governments shall have the authority to adopt ordinances that through current land use planning and permitting condition the diversion, withdrawal, or use of water and at a minimum satisfy conservation standards under federal or state law.

NEW SECTION. Sec. 16. A new section is added to chapter 36.70A RCW to read as follows:

For the purposes of implementing watershed plans adopted under sections 1 through 12 of this act, city, town, and county governments shall have the authority to adopt ordinances that through current land use planning and permitting condition the diversion, withdrawal, or use of water and at a minimum satisfy conservation standards under federal or state law.

NEW SECTION. Sec. 17. A new section is added to chapter 36.70A RCW to read as follows:

Planning under this chapter shall be coordinated with planning done under sections 1 through 12 of this act. Comprehensive plans and development regulations adopted pursuant to this chapter shall be consistent with watershed plans adopted under sections 1 through 12 of this act.

NEW SECTION. Sec. 18. A new section is added to chapter 70.116 RCW to read as follows:

Planning under this chapter shall be coordinated with planning done under sections 1 through 12 of this act. Water system plans and coordinated plans adopted under this chapter shall be consistent with watershed plans adopted under sections 1 through 12 of this act.

NEW SECTION. Sec. 19. A new section is added to chapter 70.119A RCW to read as follows:

NEW SECTION. Sec. 20. A new section is added to chapter 43.20 RCW to read as follows:

NEW SECTION. Sec. 21. A new section is added to chapter 43.70 RCW to read as follows:

NEW SECTION. Sec. 22. A new section is added to chapter 90.54 RCW to read as follows:

(1) The governor shall establish a policy advisory committee to be known as the water resources forum. The purpose of the water resources forum is to provide recommendations to the governor and the legislature regarding state water resources policy and advise the department pursuant to section 48 of this act. The governor shall convene the forum as needed and shall provide direction for each such convening, specifying issues to address, timeframes for response, and form of presentation. In addition, the legislature may request that the governor convene the water resources forum to address and make recommendations on specific issues.

(2) The water resources forum shall consist of representatives of governmental and nongovernmental caucuses. The four governmental caucuses shall include: Local governments, Indian tribal governments, the federal government, and state agencies. The five nongovernmental caucuses shall include: Business, agriculture, recreation, environmental groups, and fisheries. The fisheries caucus shall include both commercial and sport interests. Each caucus shall be represented by two of its members except that Indian tribal governments shall be represented by four of its caucus members. Caucuses shall designate representatives according to their own procedures and may designate different representatives for discussion on different issues or convenings, as appropriate. Representatives shall be entitled to receive compensation for travel and per diem if not compensated by their own organizations.

(3) The water resources forum shall adopt by-laws within ninety days of the effective date of this act.

(4) The department shall provide staffing and logistical support to the water resources forum during the periods when the governor has convened it. The department may contract with a professional facilitator to assist the water resources forum in its work.

(5) This section expires midnight of June 30, 2000.

NEW SECTION. Sec. 23. A new section is added to chapter 89.08 RCW to read as follows:

As part of the watershed planning process in this act, the Washington state conservation commission is eligible to receive planning moneys made available to conservation districts for development of the habitat conservation measures and conservation plans on private lands that are part of the watershed plan adopted under sections 1 through 12 of this act, to assist in the development of conservation plans on private lands. The plans should:

(1) Be voluntary in nature;

(2) Be economically feasible to implement;

(3) Contribute to the protection and restoration of fish and wildlife habitat;

(4) Demonstrate, if appropriate, a net savings of water;

(5) Not be in conflict with farm plans required under other programs; and

(6) Be consistent with the watershed plan adopted under sections 1 through 12 of this act.

NEW SECTION. Sec. 24. Nothing in this act shall affect or impair the state's obligation under the federal clean water act 33 U.S.C. Sec. 1251 et seq., including the triennial review of water quality standards pursuant to RCW 90.48.260 and 33 U.S.C. Sec. 1313(c). Any local ordinances or regulations adopted under watershed plans developed under sections 1 through 12 of this act are subject to and must be amended to meet the minimum requirements of the clean water act and the state regulations adopted under chapter 90.48 RCW and amended under RCW 90.48.260.

Sec. 25. RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:

((~~After June 6, 1945,~~)) (1) No withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for ((~~single or group domestic uses~~)) domestic use for single residence or a short plat approved by the local government in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That ((the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day)) to properly manage the state's waters and protect existing rights, this exemption must be gradually eliminated in a manner that provides reasonable notice and minimizes the impact on current plans, and therefore unless specifically authorized in a watershed plan adopted under sections 1 through 12 of this act, the exemption shall expire on January 1, 2005, and thereafter all ground water withdrawals must obtain a permit under the requirements in this chapter. The department shall, by emergency rule before December 31, 1995, where conditions indicate the need for immediate action, or in the absence of such condition, by permanent rule before December 31, 1997, and whenever necessary thereafter, restrict or eliminate the use of the exemption in areas where the department finds, after consulting with the appropriate local governments and any affected Indian tribes that:

(a) The additional anticipated ground water withdrawals will likely impair, by impacts on either the quantity or quality of water, the safe sustaining yield of the ground water resource, existing water rights, fish and wildlife habitat, or instream flows or lake levels established by rule or otherwise determined by the department;

(b) The source has water quality problems of public health significance that have been identified by the department of health or the local health authority;

(c) Alternative water sources have been identified by the local government that are, or will soon be readily available and that can be used to accommodate new development;

(d) Population densities have been determined by the local government to be sufficient to make the development or expansion of existing public water systems the appropriate means for providing water service for new growth; or

(e) Other conditions exist in which use of the exemption will contribute to detrimental effects to existing rights, in-stream flows, or public health and safety.

(2) The local government may adopt ordinances in consultation with the department which limit the purposes, quantity, and time period for uses of water authorized in the exemption under subsection (1) of this section.

(3) The local ordinances and rules adopted pursuant to subsections (1) and (2) of this section shall be consistent with plans developed under sections 1 through 12 of this act, chapters 90.44, 90.54, 70.116, 36.70A, and 36.36 RCW.

(4) A person making a withdrawal under this section shall maintain, to the satisfaction of the department of ecology, a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water withdrawn regardless of the quantity of water to be withdrawn.

(5) The department may require the person or entity making a withdrawal under this section to furnish information as to the means for and the quantity of that withdrawal.

Sec. 26. RCW 19.27.097 and 1991 sp.s. c 32 s 28 are each amended to read as follows:

(1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply 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. In addition to other authorities, the county or city ((~~may~~)) shall, after January 1, 1996, impose conditions on building permits requiring connection to an existing public water system approved by the state board of health, where the existing system is ((~~willing and~~)) now, or will be able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.

(2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply. The departments of health and ecology shall coordinate on the implementation of this section. Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of community, trade, and economic development to mediate or, if necessary, make the determination.

(3) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.

(4) By January 1, 1996, the department of health shall, in conjunction with the department of community, trade, and economic development, the utilities and transportation commission, water purveyors, and local governments develop criteria for determining what constitutes reasonable economy and efficiency under subsection (1) of this section, which shall be utilized by the county or city in implementing that subsection. In developing these criteria, the department of health shall include, but not be limited to the following: (a) Costs for system construction and operation, for at least the twenty-year planning period covered by the local comprehensive plan adopted under chapter 36.70A RCW; and (b) consistency with state guidelines and existing plans, such as coordinated water system plans adopted under chapter 70.116 RCW, that assure systematic, coordinated, and timely delivery of water supplies within the areas covered by such plans.

Sec. 27. RCW 58.17.110 and 1990 1st ex.s. c 17 s 52 are each amended to read as follows:

(1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. ((It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication.

~~(2)~~)) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body determines and makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication.

(2) In making its determination and written findings that appropriate provisions have been made for potable water supplies, the city, town, or county legislative body shall promote the reliable and efficient delivery of safe and adequate water supply by ensuring that: (a) The number of new public water supply systems established is minimized; (b) the use of new individual wells for drinking water supply is limited to areas where such wells represent the only reasonable alternative available for new development, and (c) projects that will result in a total water use in excess of the exemption provided for in RCW 90.44.050 obtain the necessary water rights prior to final approval. The city, town, or county may require ownership or operation by satellite management agencies or assured control of wellhead areas by those drilling wells as means of achieving the above objectives.

(3) If ((it)) the city, town, or county legislative body finds that the proposed subdivision and dedication make ((~~such~~)) appropriate provisions as provided in subsection (1) and (2) of this section and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

(4) The county or city shall, after August 1, 1995, impose conditions on subdivision approval requiring connection to an existing public water system where the existing system is able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.

(5) By January 1, 1996, the department of health shall, in conjunction with the department of community, trade, and economic development, the utilities and transportation commission, water purveyors, and local governments, develop criteria for determining what constitutes reasonable economy and efficiency under subsection (4) of this section, which shall be utilized by the county or city in implementing that subsection. In developing these criteria, the department of health shall include, but not be limited to: (a) Costs for system construction and operation for at least the twenty-year planning period covered by the appropriate local comprehensive plan adopted under chapter 36.70 RCW; and (b) consistency with state guidelines and existing plans, such as coordinated water system plans adopted under chapter 70.116 RCW, that assure systematic, coordinated, and timely delivery of water supplies within the areas covered by such plans.

Sec. 28. RCW 43.21A.064 and 1977 c 75 s 46 are each amended to read as follows:

The director of the department of ecology shall have the following powers and duties:

(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;

(2) Insofar as may be necessary to assure safety to life or property, ((~~he shall~~)) inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and ((he)) the director may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;

(3) ((~~He shall~~)) Regulate and control the diversion of water in accordance with the rights thereto. Such regulation and control shall be exercised on the basis of the director's determination of the various rights involved, based on a review of the department's records and investigation of relevant facts as provided in section 30 of this act;

(4) ((~~He shall~~)) Determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;

(5) ((~~He shall~~)) Keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and ((~~shall~~)) procure all necessary documents, forms, and blanks. ((He)) The director shall keep a seal of the office, and all certificates by him or her covering any of ((~~his~~)) the director's acts or the acts of his or her office, or the records and files of his or her office, under such seal, shall be taken as evidence thereof in all courts;

(6) ((~~He shall~~)) Render when required by the governor, a full written report of the work of his or her office with such recommendations for legislation as he or she may deem advisable for the better control and development of the water resources of the state;

(7) The director and duly authorized deputies may administer oaths;

(8) ((~~He shall~~)) Establish and ((~~promulgate~~)) adopt rules governing the administration of chapter 90.03 RCW;

(9) ((~~He shall~~)) Perform such other duties as may be prescribed by law.

Sec. 29. RCW 90.03.070 and 1987 c 109 s 70 are each amended to read as follows:

It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water supply of ((~~his~~)) the water master's district among the several water conduits and reservoirs using said supply, according to the right and priority of each, respectively. ((He)) The water master shall divide, regulate and control the use of water within ((~~his~~)) the district by such regulation of headgates, conduits and reservoirs as shall be necessary to prevent the use of water in excess of the amount to which the owner of the right is lawfully entitled. Such regulation shall be exercised on the basis of the water master's tentative determination of the various rights involved, based on a review of the department's records and investigation of relevant facts. Whenever, in the pursuance of his or her duties, the water master regulates a headgate of a water conduit or the controlling works of a reservoir, ((he)) the water master shall attach to such headgate or controlling works a written notice, properly dated and signed, stating that such headgate or controlling works has been properly regulated and is wholly under ((~~his~~)) the water master's control and such notice shall be a legal notice to all parties. In addition to dividing the available waters and supervising the stream patrolmen in ((~~his~~)) the district, ((he)) the water master shall enforce such rules ((~~and regulations~~)) as the department shall from time to time prescribe.

The county or counties in which water master districts are created shall deputize the water masters appointed hereunder, and may without charge provide to each water master suitable office space, supplies, equipment and clerical assistance as are necessary to the water master in the performance of his or her duties.

NEW SECTION. Sec. 30. A new section is added to chapter 43.27A RCW to read as follows:

In issuing orders pursuant to RCW 43.27A.190 for the purpose of regulating between or among the users of water, the department shall first determine whether any use of water is based on a valid existing water right. In making such determination, the department shall investigate and make a tentative determination as to the priority, quantity, place of use, and point of diversion of the water right. Unless exigent circumstances exist, the department shall notify the person whose use of water will be regulated prior to issuing an order of regulation. The notice shall state that the order of regulation shall be issued in three days after receipt of the notice, unless the person can show cause in writing to the department why the department's decision is in error. The order of regulation shall be effective immediately upon issuance, unless otherwise stated in the order. The department's determination of the validity of a water right is not binding in any subsequent general adjudication, but is prima facie evidence of the existence and conditions of the right.

NEW SECTION. Sec. 31. A new section is added to chapter 43.27A RCW to read as follows:

In any appeal of a regulatory order issued pursuant to RCW 43.27A.190 it is not a defense that any of the rights recognized have not been confirmed in a general water rights adjudication.

NEW SECTION. Sec. 32. A new section is added to chapter 43.27A RCW to read as follows:

A regulatory order, based in whole or part on a conclusion that all or any portion of any water right has been relinquished for nonuse shall not be issued, unless the department initiates proceedings under RCW 90.14.130 in relation to the asserted relinquishment. Appeals of the regulatory order and of the relinquishment order may be consolidated for hearing before the pollution control hearings board. Notwithstanding the provisions of RCW 43.27A.190, such a regulatory order shall not become effective unless or until the relinquishment order becomes final.

NEW SECTION. Sec. 33. A new section is added to chapter 90.03 RCW to read as follows:

The holder of any water right may transfer any reclaimed water, as defined in RCW 90.46.010(4), generated from the underlying beneficial use to another party for some other beneficial use that is in compliance with standards and criteria adopted by the department or by the department of health, or both pursuant to chapter 90.46 RCW. Where such a transfer results in a change in the place of use of such water, the holder of the right shall apply for a change in place of use, pursuant to the process in RCW 90.03.380. The department shall approve such a transfer as consistent with the public interest, unless it impairs existing rights, or detrimentally affects instream flows established in a watershed plan adopted under sections 1 through 12 of this act, a regional basin water resource plan adopted under chapter 90.54 RCW, or as otherwise determined necessary by the department.

NEW SECTION. Sec. 34. A new section is added to chapter 90.03 RCW to read as follows:

In considering an application for a permit to appropriate surface or ground water, the department shall identify potential sources of reclaimed water as defined in RCW 90.46.010(4). The department shall deny the application if it finds, after consulting with the department of health, the department of labor and industries, the department of fish and wildlife, and the local health authority, as appropriate, that there is a cost-effective source of reclaimed water and its use will not impair public health, safety, existing water rights, or instream flows established in a watershed plan adopted under sections 1 through 12 of this act, a regional or basin water resource plan adopted under chapter 90.54 RCW, or as otherwise determined necessary by the department. The department's decision shall be consistent with any adopted coordinated water system plans under chapter 70.116 RCW, regional or basin water resource plans under chapter 90.54 RCW, watershed plans adopted under sections 1 through 12 of this act; and comprehensive plans and development regulations under chapter 36.70A RCW.

Sec. 35. RCW 43.20.230 and 1993 sp.s. c 4 s 9 are each amended to read as follows:

((~~Consistent with the water resource planning process of the department of ecology,~~)) The department of health shall:

(1) Develop procedures, regulations, and guidelines relating to water use efficiency, ((~~as defined in section 4(3), chapter 348, Laws of 1989~~)) water demand forecasting, and water use data collection, to be included in the development and approval of cost-efficient water system plans required under RCW 43.20.050. Public water systems may be required to develop conservation programs more stringent than those required by the department of health if local standards are developed through the watershed plan adopted pursuant to sections 1 through 12 of this act. For the purposes of this section, water use efficiency is defined as those measures, projects, practices, or techniques that result in a net water savings that cost less than obtaining an equivalent amount of water from the next least costly source of supply;

(2) Develop criteria, with input from technical experts, with the objective of encouraging the cost-effective reuse of greywater and other water recycling practices, consistent with protection of public health and water quality;

(3) Provide advice and technical assistance upon request in the development of water use efficiency plans; ((~~and~~))

(4) Provide advice and technical assistance on request for development of model conservation rate structures for public water systems((~~. Subsections (1), (2), and (3) of this section are subject to the availability of funding~~)); and

(5) Develop guidelines and procedures, with input from the department of ecology, and other technical experts, by January 1, 2000, defining water use guidelines and standards for use in water demand forecasting and conservation program planning to be included in the development and approval of water system plans required under RCW 43.20.050. These guidelines and procedures shall be based, at a minimum, on regional residential water use patterns, land use density restrictions, and precipitation patterns.

Sec. 36. RCW 70.116.030 and 1991 c 3 s 366 are each amended to read as follows:

Unless the context clearly requires otherwise, the following terms when used in this chapter shall be defined as follows:

(1) "Coordinated water system plan" means a plan for public water systems within a critical water supply service area which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more than one water system exists, a coordinated plan may consist of either: (a) A new plan developed for the area following its designation as a critical water supply service area; or (b) a compilation of compatible water system plans existing at the time of such designation and containing such supplementary provisions as are necessary to satisfy the requirements of this chapter. Any such coordinated plan must include provisions regarding: Future service area designations; assessment of the feasibility of shared source, transmission, and storage facilities; emergency inter-ties; design standards; regional water conservation planning; and other concerns related to the construction and operation of the water system facilities.

(2) "Critical water supply service area" means a geographical area which is characterized by a proliferation of small, inadequate water systems, or by water supply problems which threaten the present or future water quality or reliability of service in such a manner that efficient and orderly development may best be achieved through coordinated planning by the water utilities in the area.

(3) "Public water system" means any system providing water intended for, or used for, human consumption or other domestic uses. It includes, but is not limited to, the source, treatment for purifying purposes only, storage, transmission, pumping, and distribution facilities where water is furnished to any community, or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water systems serving one single family residence. However, systems existing on September 21, 1977 which are owner operated and serve less than ten single family residences or which serve only one industrial plant shall be excluded from this definition and the provisions of this chapter.

(4) "Purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates for wholesale or retail service a public water system. It also means the authorized agents of any such entities.

(5) "Secretary" means the secretary of the department of health or the secretary's authorized representative.

(6) "Service area" means a specific geographical area serviced or for which service is planned by a purveyor.

Sec. 37. RCW 70.116.050 and 1977 ex.s. c 142 s 5 are each amended to read as follows:

(1) Each purveyor within the boundaries of a critical water supply service area shall develop a water system plan for the purveyor's future service area if such a plan has not already been developed: PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if they: (a) Were in existence as of September 21, 1977; and (b) have no plans for water service beyond their existing service area, and (c) meet minimum quality and pressure design criteria established by the state board of health: PROVIDED FURTHER, That if the county legislative authority permits a change in development that will increase the demand for water service of such a system beyond the existing system's ability to provide minimum water service, the purveyor shall develop a water system plan in accordance with this section. The establishment of future service area boundaries shall be in accordance with RCW 70.116.070.

(2) After the boundaries of a critical water supply service area have been established pursuant to RCW 70.116.040, the committee established in RCW 70.116.040 shall participate in the development of a coordinated water system plan for the designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and well-being.

(3) Those portions of a critical water supply service area not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors based upon permitted densities in county plans, ordinances, and/or growth policies for a minimum of five years beyond the date of establishment of the boundaries of the critical water supply service area.

(4) To insure that the plan incorporates the proper designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the scope and content of coordinated water system plans, and shall ensure, as minimum requirements, that such plans:

(a) Are reviewed by the appropriate local governmental agency to insure that the plan is not inconsistent with the land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects.

(b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government. Water system plans must be consistent with watershed plans adopted under sections 1 through 12 of this act.

(d) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area.

(e) Identify feasible emergency inter-ties between adjacent purveyors.

(f) Identify water conservation planning efforts underway by public water systems as defined in their water system plans and identify opportunities for regional water conservation programs including, at a minimum, consideration of those conservation measures defined pursuant to RCW 43.20.230.

(5) If a "water general plan" for a critical water supply service area or portion thereof has been prepared pursuant to chapter 36.94 RCW and such a plan meets the requirements of subsections (1) and (4) of this section, such a plan shall constitute the coordinated water system plan for the applicable geographical area.

(6) Prior to the submission of a coordinated water system plan to the secretary for approval of the design of the proposed facilities pursuant to RCW 70.116.060, the plan shall be reviewed for consistency with subsection (4) of this section by the legislative authorities of the counties in which the critical water supply service area is located. If within sixty days of receipt of the plan, the legislative authorities find any segment of a proposed service area of a purveyor's plan or any segment of the coordinated water system plan to be inconsistent with any current land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects, the secretary shall not approve that portion of the plan until the inconsistency is resolved between the local government and the purveyor. If no comments have been received from the legislative authorities within sixty days of receipt of the plan, the secretary may consider the plan for approval.

NEW SECTION. Sec. 38. A new section is added to chapter 87.03 RCW to read as follows:

By June 30, 2001, each irrigation district established and operating under this chapter shall prepare a comprehensive water conservation plan in accordance with rules and guidelines adopted by the department of ecology. The plan shall provide guidance for capital and operational improvements as well as financial incentives to be undertaken by the district with the goal of improving the efficiency of water use by the district. The conservation plan shall be updated by the district at no less than six-year intervals. Districts developing or amending such plans shall be eligible to receive funding assistance from the department of ecology in accordance with chapter 43.99E RCW and the rules and guidelines adopted by the department thereunder.

Sec. 39. RCW 90.44.450 and 1989 c 348 s 7 are each amended to read as follows:

The department of ecology may require withdrawals of ground water to be metered, or measured by other approved methods((~~, as a condition for a new water right permit~~)). The department may also require((~~, as a condition for such permits,~~)) reports regarding such withdrawals as to the amount of water being withdrawn. These reports shall be in a form prescribed by the department.

Sec. 40. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:

After January 1, 1996, the priority date of the right acquired by appropriation ((~~shall relate back to~~)) is the date ((~~of filing of~~)) the ((~~original~~)) completed application form for the right is filed with the department. For the purposes of this section and RCW 90.03.270, a completed application form is one that contains all of the information requested on the form and is accompanied by the application fee.

Sec. 41. RCW 90.03.270 and 1987 c 109 s 85 are each amended to read as follows:

Upon receipt of ((an)) a completed water right application form, it shall be the duty of the department to ((~~make an endorsement thereon of the~~)) date ((~~of its receipt,~~)) stamp and ((to)) keep a record of ((~~same~~)) it. If ((~~upon examination,~~)) an application form is filed with the department but the information requested on the application form is ((~~found to be defective,~~)) not complete or the form is not accompanied by the proper application fee, the form and any application fee filed with it shall be returned to the applicant ((~~for correction or completion,~~)) and the date and the reasons for the return thereof shall be ((endorsed thereon and made a record in his office. No application shall lose its priority of filing on account of such defects, provided acceptable maps, drawings and such data as is required by the department shall be filed with the department within such reasonable time as it shall require)) noted in the department's records and in a letter returning the form. The department may not require an applicant to provide information in support of an application for a water right permit that is not directly necessary for the department's investigations, determinations, or findings regarding that particular application.

Sec. 42. RCW 90.03.280 and 1994 c 264 s 83 are each amended to read as follows:

((~~Upon receipt of a proper application,~~)) The department shall instruct the applicant to publish notice ((~~thereof~~)) in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion or withdrawal, and use is to be made, and in such other newspapers as the department may direct, once a week for two consecutive weeks. The notice must include information pertinent to the proposed appropriation, including the location, the source, the purpose or purposes of use, and the quantity proposed to be diverted or withdrawn. The notice must state that persons wishing to protest the proposed application must do so in writing to the department within thirty days of the last date of publication of the notice. In order to be considered by the department, a protest must be received by the department within thirty days of the last date of publication of the notice. Upon receipt by the department of an application it shall send notice thereof containing pertinent information to the director of fish and wildlife.

NEW SECTION. Sec. 43. A new section is added to chapter 43.21B RCW to read as follows:

In a proceeding before the pollution control hearings board challenging a decision of the department related to the issuance, conditioning, transfer, amendment, or denial of a water right permit under Title 90 RCW, the burden of proof is on the person filing the appeal.

NEW SECTION. Sec. 44. A new section is added to chapter 43.21B RCW to read as follows:

Only a person with standing as defined in RCW 34.05.530 may appeal to the pollution control hearings board a decision of the department to issue, condition, transfer, amend, or deny a water right under Title 90 RCW.

Sec. 45. RCW 90.03.290 and 1994 c 264 s 84 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~~)) application shall be placed on record with the department, and it shall be ((~~its~~)) the department's 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.

The department shall investigate the application. It is the duty of the applicant to provide a completed application form. In addition to providing the information requested on the form, however, the applicant shall also provide such information as may be required for the department's investigation, determinations, and findings regarding the application and may provide additional information. The information provided by the applicant must satisfy the protocols, that is, study plans and criteria, established by the department for obtaining and providing the information. If an applicant provides the information and the protocols set by the department for obtaining and providing it have been satisfied, the department shall review the information and may take actions to verify that the information is accurate.

(2) With regard to an application:

(a) 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.

(b) 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 the public interest, having in mind the highest feasible use of the waters belonging to the public.

(3) 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. 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.

(4) The department shall make and file as part of the record in the matter, written findings of fact concerning all things 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 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. 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. 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. 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 in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance.

Sec. 46. 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~~)). However, all or a portion of a water right may be transferred to another ((~~or to others~~)) person or persons and become appurtenant to any other land or place of use without loss of priority of right ((~~theretofore established~~)) if ((~~such change~~)) the transfer can be made without detriment or injury to existing water rights, or detrimentally affects instream flows established in a watershed plan adopted under sections 1 through 12 of this act, a regional basin water resource plan adopted under chapter 90.54 RCW, or as otherwise determined necessary by the department.

(2) The point of diversion or withdrawal of water for beneficial use ((or)), the purpose of use, or the season of use under an existing water right may be changed, if ((~~such~~)) the change can be made without detriment or injury to existing water rights, or detrimentally affects instream flows established in a watershed plan adopted under sections 1 through 12 of this act, a regional basin water resource plan adopted under chapter 90.54 RCW, or as otherwise determined necessary by the department.

(3) The source of water for an existing water right or permit may be changed from a surface water diversion to a ground water withdrawal or vice versa if the two sources are in direct hydraulic continuity and if the change can be made without detriment or injury to existing water rights, or detrimentally affects instream flows established in a watershed plan adopted under sections 1 through 12 of this act, a regional basin water resource plan adopted under chapter 90.54 RCW, or as otherwise determined necessary by the department.

(4) Before any transfer or change of ((~~such~~)) a water 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~~)) on a form provided by the department.

(5) Authorization for the requested transfer or change shall not be granted until notice of ((~~said~~)) the application ((~~shall be~~)) has been published as provided in RCW 90.03.280.

(6) If it ((~~shall~~)) appears that ((~~such~~)) the transfer or ((~~such~~)) change may be made without injury or detriment to existing water rights or instream flows, the department shall issue to the applicant an authorization to proceed with the transfer or change. The department may include in its authorization any necessary conditions or limitations under which the transfer or change may be made, including a reasonable time for completion. If the person authorized to make a transfer or change of right fails to do so within the time allowed, including extensions granted for good cause, the department shall cancel the authorization and the water right or permit shall revert to its original form and substance.

(7) If the department determines that the proposed transfer or change may periodically operate to impair an existing right, the department's authorization may be made contingent on the proponent's willingness to subordinate the use to the potentially impaired right or rights and the authorization shall be so conditioned.

(8) The person authorized to make the transfer or change shall notify the department upon completion of the transfer or change. After verifying that the transfer or change has been completed in accordance with its authorization, the department shall issue to those persons having an interest in the resulting water right or rights a certificate, certificate of change, or superseding certificate as appropriate in duplicate ((~~granting~~)) that reflects the nature of the water right ((~~for such transfer or for such change of point of diversion or of use~~)) or rights as transferred or changed. The certificate or certificates so issued shall be filed and be made a record with the department and the 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.

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.

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.

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.

NEW SECTION. Sec. 47. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department may authorize short-term uses of water without publication of the notice required under RCW 90.03.280 and without the report required under RCW 90.03.290. However, before approving a short-term use, the department shall determine to its satisfaction that the substantive criteria in RCW 90.03.290 are met and that a stream affected by a short-term use will be retained with sufficient flows to maintain instream uses and to protect existing water rights. The department shall adopt and provide application forms for persons applying for a short-term use and shall expedite its consideration of short-term use requests to the extent practicable.

(2) For the purposes of this chapter, "short-term use" means a use of water that will not exceed one year in duration. Short-term uses include but are not limited to use in construction, dust control, dewatering, and short-term planned fire suppression activities.

NEW SECTION. Sec. 48. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall, in consultation with the water resources forum established in section 22 of this act, develop a budget process for its water rights administration program that accomplishes the following:

(a) Identifies targets for permitting activities for the biennium;

(b) Identifies workload standards;

(d) Provides for timely public review of the draft budget; and

(e) Circulates a final budget.

(2) The department shall, in consultation with the water resources forum, establish and periodically review the following:

(a) Workload standards and proposed incentives to improve such standards;

(b) Program expenditure categories to account for and track costs related to the water rights administration program; and

(c) Success measures based upon programmatic results designed to evaluate program effectiveness and standards for defining the measures.

In establishing the initial workload standards, the legislature has an expectation that following elimination of the permit application backlog the department will process a simple, basic application in six months and an application of intermediate difficulty in one year.

(3) The department shall report to the legislature biennially prior to the regular legislative session held in odd-numbered years on the success measures established, the number of water right applications received, the permit decisions made, and the associated costs of administering the water rights program.

(4) The legislature may provide for another state entity or an independent contractor to conduct periodic performance audits or evaluations of the effectiveness and efficiency of the department in meeting its workload standards and achieving programmatic success.

(5) This section shall expire on June 30, 1999.

Sec. 49. RCW 90.03.470 and 1993 c 495 s 2 are each amended to read as follows:

((~~Except as otherwise provided in subsection (15) of this section,~~)) The following fees shall be collected by the department in advance:

(1) ((For the examination of an application for permit to appropriate water or on application to change point of diversion, withdrawal, purpose or place of use, a minimum of ten dollars, to be paid with the application. For each second foot between one and five hundred second feet, two dollars per second foot; for each second foot between five hundred and two thousand second feet, fifty cents per second foot; and for each second foot in excess thereof, twenty cents per second foot. For each acre foot of storage up to and including one hundred thousand acre feet, one cent per acre foot, and for each acre foot in excess thereof, one-fifth cent per acre foot. The ten dollar fee payable with the application shall be a credit to that amount whenever the fee for direct diversion or storage totals more than ten dollars under the above schedule and in such case the further fee due shall be the total computed amount less ten dollars.

Within five days from receipt of an application the department shall notify the applicant by registered mail of any additional fees due under the above schedule and any additional fees shall be paid to and received by the department within thirty days from the date of filing the application, or the application shall be rejected.

(2) For filing and recording a permit to appropriate water for irrigation purposes, forty cents per acre for each acre to be irrigated up to and including one hundred acres, and twenty cents per acre for each acre in excess of one hundred acres up to and including one thousand acres, and ten cents for each acre in excess of one thousand acres; and also twenty cents for each theoretical horsepower up to and including one thousand horsepower, and four cents for each theoretical horsepower in excess of one thousand horsepower, but in no instance shall the minimum fee for filing and recording a permit to appropriate water be less than five dollars. For all other beneficial purposes the fee shall be twice the amount of the examination fee except that for individual household and domestic use, which may include water for irrigation of a family garden, the fee shall be five dollars.

~~(3) For filing and recording any other water right instrument, four dollars for the first hundred words and forty cents for each additional hundred words or fraction thereof.~~

(4) For making a copy of any document recorded or filed in his office, forty cents for each hundred words or fraction thereof, but when the amount exceeds twenty dollars, only the actual cost in excess of that amount shall be charged.

~~(5) For certifying to copies, documents, records or maps, two dollars for each certification.~~

~~(6) For blueprint copies of a map or drawing, or, for such other work of a similar nature as may be required of the department, at actual cost of the work.~~

~~(7)~~)) For granting each extension of time for beginning construction work under a permit to appropriate water((~~, an amount equal to one-half of the filing and recording fee, except that the minimum fee shall be not less than five dollars for each year that an extension is granted,~~)) and for granting an extension of time for completion of construction work or for completing application of water to a beneficial use, ((~~five dollars for each year that an extension is granted~~)) one hundred dollars.

((~~(8)~~)) (2) For the inspection of any hydraulic works to insure safety to life and property, the actual cost of the inspection, including the expense incident thereto.

((~~(9)~~)) (3) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, a minimum fee of ((~~ten~~)) fifty dollars, or the actual cost.

((~~(10)~~)) (4) For recording an assignment either of a permit to appropriate water or of an application for such a permit, a fee of ((~~five~~)) one hundred dollars.

((~~(11) For preparing and issuing all water right certificates, five dollars.~~

~~(12)~~)) (5) For filing and recording a protest against granting any application, ((~~two~~)) fifty dollars.

(((13) The department shall provide timely notification by certified mail with return receipt requested to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within sixty days of the department's notification shall be grounds for rejecting the application or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.

~~(14)~~)) (6) For filing an application for and authorizing a seasonal change or rotation, one hundred dollars.

(7) For filing an application for and authorizing a temporary or short-term water use, one hundred dollars.

(8) For a consolidated application covering multiple sources or changes:

(a) The filing fee must be based upon either the total amount of water or the total number of changes requested, or both;

(b) The examination fee is the total of the examination fees calculated for the individual applications and changes; and

(c) The certificate fee is as is appropriate for the individual certificates, since separate permits would issue and, therefore, separate certificates would result.

For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.

(((15) For the period beginning July 1, 1993, and ending June 30, 1994, there is imposed and the department shall collect a one hundred dollar surcharge on all water rights applications or changes filed under this section, and upon all water rights applications or changes pending as of July 1, 1993. This charge shall be in addition to any other fees imposed under this section.))

NEW SECTION. Sec. 50. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall collect the following fees in advance:

(a) Application filing fees for the following:

(i) Surface water and ground water applications:

(A)Greater than 0.0 and less than or equal to 0.02 cubic feet per second $ 100

(B)Greater than 0.02 and less than or equal to 0.1 cubic feet per second $ 200

(C)Greater than 0.1 and less than or equal to 0.2 cubic feet per second $ 400

(D)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $ 600

(E)Greater than 0.5 and less than or equal to 1 cubic feet per second $ 800

(F)Greater than 1 and less than or equal to 3 cubic feet per second $ 900

(G)Greater than 3 and less than or equal to 5 cubic feet per second $1,100

(H)Greater than 5 and less than or equal to 20 cubic feet per second $1,200

(I)Greater than 20 and less than or equal to 100 cubic feet per second $1,400

(J)Greater than 100 cubic feet per second $1,500

(ii) Reservoir applications:

(A)Greater than 0.0 and less than or equal to 10 acre-feet $ 200

(B)Greater than 10 and less than or equal to 100 acre-feet $ 500

(C)Greater than 100 and less than or equal to 1,000 acre-feet $ 800

(D)Greater than 1,000 acre-feet $1,100

(iii) Change applications:

(A)Changing a single element $ 200

(B)Changing multiple elements $ 600

(b) Examination fees for the following:

(i) Surface water applications:

(A)Greater than 0.0 and less than or equal to 0.02 cubic feet per second $ 100

(B)Greater than 0.02 and less than or equal to 0.1 cubic feet per second $ 300

(C)Greater than 0.01 and less than or equal to 0.2 cubic feet per second $ 600

(D)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $1,100

(E)Greater than 0.5 and less than or equal to 1 cubic feet per second $1,400

(F)Greater than 1 and less than or equal to 3 cubic feet per second $1,700

(G)Greater than 3 and less than or equal to 5 cubic feet per second $2,000

(H)Greater than 5 and less than or equal to 20 cubic feet per second $2,300

(I)Greater than 20 and less than or equal to 100 cubic feet per second $2,600

(J)Greater than 100 cubic feet per second $2,900

(ii) Ground water applications:

(A)Greater than 0.0 and less than or equal to 0.02 cubic feet per second $ 100

(B)Greater than 0.02 and less than or equal to 0.1 cubic feet per second $ 400

(C)Greater than 0.1 and less than or equal to 0.2 cubic feet per second $ 700

(D)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $1,300

(E)Greater than 0.5 and less than or equal to 1 cubic feet per second $1,700

(F)Greater than 1 or less than or equal to 3 cubic feet per second $2,000

(G)Greater than 3 and less than or equal to 5 cubic feet per second $2,400

(H)Greater than 5 and less than or equal to 20 cubic feet per second $2,800

(I)Greater than 20 and less than or equal to 100 cubic feet per second $3,100

(J)Greater than 100 cubic feet per second $3,500

(iii) Reservoir applications:

(A)Greater than 0.0 and less than or equal to 10 acre-feet $ 200

(B)Greater than 10 and less than or equal to 100 acre-feet $ 800

(C)Greater than 100 and less than or equal to 1,000 acre-feet $1,400

(D)Greater than 1,000 acre-feet $2,000

(iv) Changes to permits and certificates:

(A)Changing a single element $ 300

(B)Changing multiple elements $1,100