1729.E

AN ACT Relating to the appropriation of water from lakes and reservoirs for single-family residential noncommercial garden and landscape irrigation; adding a new section to chapter 90.03 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that as demands on water resources increase, water must be used in a manner that is most beneficial to the natural resources of the state, while avoiding unnecessary capital costs and public infrastructure expenditures. The legislature also finds that in appropriate circumstances, use of water from lakes and reservoirs by shoreland owners will allow more water to remain in rivers and streams for stockwater fish, wildlife, municipal drinking water, and recreation. The legislature also finds that use of municipally treated drinking water for garden and landscape irrigation may in some cases be an unnecessary use of the public infrastructure, creating the need for additional public facilities to meet the demands of growing populations in the greater Puget Sound and other regions. The legislature also finds that by simplifying the process for appropriating water for some small volume uses, water users are more likely to comply with requirements to use the water in appropriate circumstances and do so efficiently. The legislature also finds that establishing an overall quantity of water that may be appropriated for single-family residential noncommercial garden and landscape irrigation will assure protection of the state's water resources and not burden the department of ecology with a large number of water right applications.

NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:

(1) On its own initiative or on petition of at least ten percent of the owners of single-family residences abutting a lake or reservoir of four thousand acres or larger surface area, the department shall determine whether there is sufficient water in the lake or reservoir of four thousand acres or larger surface area to allow owners of single-family residences that abut the lake or reservoir to use water for noncommercial garden and landscape irrigation.

(2) In making the determination provided for in subsection (1) of this section, the department shall consider at least the following factors:

(a) Whether there is water available to be appropriated;

(b) Whether allowing additional appropriation from the lake or reservoir will have a significant adverse impact on existing water right holders and instream resources;

(d) The effect on stockwater fish, wildlife, and other instream resources of allowing or not allowing withdrawal from the lake or reservoir; and

(e) The lake's or reservoir's physical characteristics, including depth, volume, surface area, inflows, outflows, and surface level control features.

(3) If the department determines that there may be sufficient water in the lake or reservoir to allow use of water for single-family residential noncommercial garden and landscape irrigation, it shall hold one or more public hearings in the area affected by the proposal. At the public hearing, the department shall report on the factors described in subsection (2) of this section, any additional factors it has used to evaluate the proposal, and options for use of the available water that will satisfy requirements for efficiency.

(4) After reviewing comments received at the public hearing, the department shall make a final determination whether there is sufficient water available for single-family residential noncommercial garden and landscape irrigation purposes. If the department determines there is sufficient water it shall, by rule:

(a) Establish the maximum quantity of water that may be withdrawn from the lake or reservoir on a yearly basis for single-family noncommercial garden and landscape irrigation under this section;

(b) Establish conditions and limitations on withdrawal by individual property owners. The conditions and limitations may include, but are not limited to: Time of day and year, maximum area that may irrigated, maximum flow and annual water usage allowed, protection for existing water right holders who may be affected by the withdrawal, and conservation and efficiency measures to be used. In adopting the terms and conditions, the department shall encourage water use efficiency and conservation; and

(5) A person withdrawing water under a rule adopted under subsection (4) of this section may, but shall not be required to, apply for a water right permit as otherwise provided by this chapter. The right to withdraw water under this section shall have a priority date of the effective date of the rule adopted pursuant to this section.

(6) The department may suspend temporarily the authority to withdraw water granted under this section if the department determines:

(a) Under chapter 43.83B RCW that drought conditions exist in the geographical area including a lake or reservoir for which the department has established water withdrawal standards under subsection (4) of this section; or

(b) By rule that continued withdrawal of water under this section will have a significant adverse impact on flows or lake levels below essential minimums necessary to assure the maintenance of existing water rights, fisheries requirements, or to protect federal or state interests including, but not limited to, power generation, navigation, and shoreline facilities.

(7) The department may temporarily suspend or impose conditions on the withdrawal of water authorized under this section if there is a water shortage in the geographical area including the lake or reservoir and a public water system with a water right affected by the withdrawal authorized under this section has imposed use restrictions and has requested similar restrictions for water withdrawn under this section.

(8) Before considering any other lake or reservoir under this section, the department shall conduct the analysis required by this section for Lake Washington and Lake Sammamish. The department shall complete its review and, if it determines water is available, adopt the rule required by subsection (4) of this section not later than June 1, 1996.

(9) If requested by a public water system that may be affected by the withdrawal of water authorized under subsection (4) of this section, the department shall notify the system of use restrictions that the department has established and shall consult with the system on methods to enforce the restrictions imposed under subsection (4) of this section.

(10) Any person withdrawing water under the provisions of this section who uses an irrigation system that has connections to both the supply from the lake or reservoir and a potable drinking water supply system shall assure that the irrigation system complies with all health, safety, and building code requirements.

NEW SECTION. Sec. 3. 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.