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AN ACT Relating to water resource management; amending RCW 90.54.020, 90.54.180, and 90.03.383; adding new sections to chapter 90.03 RCW; adding a new chapter to Title 90 RCW; and creating new sections.

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

PART I

WATER TRANSFERS

NEW SECTION. Sec. 1. The legislature finds:

(1) Voluntary water transfers between water users, including water transfers derived from conservation and efficiency improvements, can reallocate water use in a manner that will result in more efficient use of water resources.

(2) Voluntary water transfers can help alleviate water shortages, save capital outlays, reduce development costs, and provide an incentive for investment in water conservation efforts by water right holders.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

(2) "Director" means the director of the department of ecology.

(3) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1996.

NEW SECTION. Sec. 3. (1) Any of the following local water resource agencies may petition the director for permission to organize a water conservancy board and to exercise the powers and authorities of a water conservancy board enumerated in this chapter with the geographic boundaries of the local water resource agency and any area in which the agency provides retail service to customers or members:

(a) An irrigation district organized under chapter 87.03 RCW;

(b) A reclamation district organized under chapter 89.30 RCW;

(d) A public utility district that operates a municipal water supply system pursuant to chapter 54.08 RCW;

(e) A water district that operates a municipal water supply system pursuant to chapter 57.08 RCW; or

(f) A cooperative or mutual corporation that operates a public water system serving one hundred or more accounts.

(2) A water conservancy board formed and organized pursuant to this section by a local water resource agency constitutes a separate governmental subdivision of this state, and a public body corporate and politic exercising public powers. The initial and successor directors or other governing body of the water conservancy board shall be appointed by the governing body of the local water resource agency petitioner.

NEW SECTION. Sec. 4. (1) Twelve or more water right holders who divert water for use within one or more WRIAs may petition the department for permission to organize a water conservancy board encompassing the geographic area of the WRIAs in which the petitioners divert or use water and to exercise the powers and authorities of a water conservancy board enumerated in this chapter.

(2) A water conservancy board formed and organized pursuant to this section by twelve or more water right holders constitutes a separate governmental subdivision of this state, and a public body corporate and politic exercising public powers. The board shall have a governing body of three directors.

NEW SECTION. Sec. 5. (1) Any combination of two or more local water resource agencies or one or more local water resource agencies and twelve or more eligible water right holder petitioners may jointly petition the department for permission to organize a water conservancy board and to exercise the powers and authorities of a water conservancy board enumerated in this chapter within the geographic boundaries of any of the participating local water resource agencies and any area in which any agency provides retail service to customers or members, or within any WRIA in which water right holder petitioners joining in the petition divert or use water.

(2) A water conservancy board formed and organized by any combination of two or more local water resource agencies, or two or more local water resource agencies and eligible water right holder petitioners, constitutes a separate governmental subdivision of this state, and a public body corporate and politic exercising public powers.

NEW SECTION. Sec. 6. A petition to form a water conservancy board must conform to the following requirements and must contain the following information:

(1) The name and address of each petitioner;

(2) A brief description of the water right and use of each petitioner sufficient to identify the place and source of diversion and the place of use of the water;

(3) Identification of the geographic boundaries of any local water resource agency or WRIA or WRIAs to be included within the water conservancy board;

(4) A statement of the need for the board; and

(5) The proposed bylaws or an equivalent statement of the rules and procedures that will govern the operation of the board once organized.

NEW SECTION. Sec. 7. (1) The petition must be presented to the director. As soon as practicable after it is received, but no later than ninety days, the department shall determine if approval of the petition would further the purposes of this chapter.

(2) No later than ninety days after the petition is first presented to the director, he or she shall act on the petition.

NEW SECTION. Sec. 8. A water conservancy board, and its directors, have the following powers:

(1) A water conservancy board is authorized to establish water transfers through which all or part of the water that any person or agency is entitled to use by reason of owning or holding a water right may be listed for transfer. The general provisions and limitations for local transfers must be established by the water conservancy board. Each board shall maintain and publish all information made available to the board concerning water rights listed with the board and any application to the board for approval of a water transfer.

(2) Each water conservancy board shall establish a program and procedures, consistent with applicable law and rules adopted by the department, for the administration of a system of timely local approvals for water transfers pursuant to this chapter. The administration of the system shall be performed exclusively by the board.

(3) The transferor and the transferee of any proposed water transfer may apply to a water conservancy board for approval of the transfer if the water proposed to be transferred is currently diverted or used within the geographic boundaries of the board, or would be diverted or used within the geographic boundaries of the board if the transfer is approved. The application must contain such information as required by the board to review and act on the application.

(4) The department shall recognize that water conserved through efficiency practices, technological improvements, or new land management practices is retained by the existing water right holder for use identified under long-term management plans or for transfer to other water users, as provided under this chapter.

(5) The water conservancy board shall publish notice of the application and send notice to state agencies as provided in RCW 90.03.280. Any person claiming detriment or injury to an existing water right as a result of the proposed transfer may intervene in an application before the board. Other interested persons may submit comments. The board shall review each application for a transfer and determine whether it meets the requirements of this chapter and any rules adopted by the department pursuant to this chapter, and otherwise complies with the law. If a majority of the governing body of the board determines that the application is complete and in accordance with the law and the transfer may be made without injury or detriment to existing rights of other water right holders, the board shall issue to the applicant a certificate conditionally approving the transfer, subject to review by the director as provided in this section.

(6) A water conservancy board is authorized to acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, to enter into and perform any and all necessary contracts, to appoint and employ the necessary agents and employees, to employ contractors including contracts for professional services, to sue and be sued, and to do any and all lawful acts required and expedient to carry out the purposes of this chapter.

NEW SECTION. Sec. 9. (1) The application of the transferor and the transferee in any proposed water transfer must include, in addition to other information required by the board, information sufficient to establish to the board's satisfaction, the transferor's entitlement to the quantity of water being transferred, and it shall describe any applicable existing limitations on the right to use water, including, without limitation, the place of diversion, place of use, source of supply, time of use, period of use, and the place of storage.

(2) A water right or nonconsumptive use that has not been adjudicated may be transferred under this chapter. Neither the board's approval of a transfer nor the department's approval of the board's action constitutes an adjudication of the validity, priority, or quantity of the transferor's water right as between the transferor or the transferee and the state, or as between the transferor or the transferee and one or more other water use claimants. Such approvals do not preclude or prejudice a subsequent challenge to the validity, priority, or quantity of such right in an adjudication proceeding. If deemed necessary by the board, the board may request the department to conduct a general adjudication and the department shall give high priority to such a request.

NEW SECTION. Sec. 10. (1) If an application for transfer proposes to transfer water rights from one irrigation district to another, approval of the transfer shall be conditioned upon receipt of concurrence from each of the irrigation districts that such transfer will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the irrigation districts. A transfer involving a change in place or use or a nonconsumptive 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 irrigation district if the use of water continues within the irrigation district.

(2) There is a rebuttable presumption that any water transfer does not impair or injure any existing rights of third parties. However, if any person claims to be the holder of a right impaired by a proposed transfer, such person has the right to a hearing before the governing body of the board. The board shall receive such evidence as it may deem material and necessary to determine the validity of the claim of impairment. If the evidence presented by the party claiming an impairment establishes that, more probably than not, the claimant's water right would be impaired by the proposed transfer, the board may not approve the transfer unless:

(a) The applicant and the impaired party agree upon compensation for the impairment; or

(b) The applicant proposes a physical solution that substantially mitigates the impairment and is reasonable under the circumstances.

(3) Any water transfer that is limited to the consumptive quantity of the transferor or a nonconsumptive use shall be conclusively presumed to cause no detriment or impairment to existing rights of third parties. For purposes of this section, "consumptive quantity" means the actual five-year average amount of water that the water right holder has diverted reduced by the estimated amount of return flows. The burden is on the applicant to establish that a proposed transfer is limited to the transferor's consumptive quantity.

(4) Existing rights include instream flows and nonconsumptive uses for public and private use as established under chapter 90.22 RCW or by court decree, as well as other junior and senior rights.

NEW SECTION. Sec. 11. (1) If a transfer is approved by a water conservancy board, the board shall submit a copy of the proposed certificate conditionally approving the transfer to the department for review. Along with a copy of the proposed certificate, the district shall submit a report summarizing any factual findings on which the board relied in deciding to approve the proposed transfer. Notice by mail must be sent to any person who objected to a transfer or who has requested notice.

(2) The department is authorized to review any proposed transfer approved by a board for compliance with this chapter, any guidelines adopted by the department, and other applicable law. The parties to a transfer or any third party whose water right is alleged to be impaired by a transfer may appeal the board's decision to the department. The board shall, at the request of the department or any intervener, forward to the department the files and records upon which the board based its decision. The department shall review the action of the board and affirm, reverse, or modify the action of the board within thirty days of receipt. The thirty-day time period for department review of a board's action may be extended an additional thirty days by the department for any reason, or for any time period by the consent of the parties to a transfer. If the department fails to act on the matter within the required time, the board's action shall be deemed final. Upon approval of a water transfer by the action or nonaction of the department, the conditional certificate issued by the board becomes final and valid.

NEW SECTION. Sec. 12. The decision of the director or the department to approve or deny a petition to form a water conservancy board, or to suspend a water conservancy board's powers and authorities, or to approve or deny a water transfer, by action or nonaction, and any other final agency decision or final action pursuant to this chapter, is subject to judicial review as provided in chapter 34.05 RCW.

PART II

STORAGE

Sec. 13. RCW 90.54.020 and 1989 c 348 s 1 are each amended to read as follows:

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

(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, and thermal power production purposes, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state, are declared to be beneficial.

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

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

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

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

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

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

(4) The development of multipurpose water storage facilities shall be a high priority for programs of water allocation, planning, management, and efficiency. The department, other state agencies, local governments, and other planning units shall evaluate the potential for the development of new storage projects and the benefits of storage in reducing damage to stream banks and property, increasing the use of land, providing water for municipal, industrial, agricultural, power generation, and other beneficial uses, and improving stream flow regimes for fisheries and other instream uses.

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

((~~(5)~~)) (6) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

((~~(6)~~)) (7) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state. In addition to traditional development approaches, improved water use efficiency and conservation shall be emphasized in the management of the state's water resources and in some cases will be a potential new source of water with which to meet future needs throughout the state.

((~~(7)~~)) (8) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

((~~(8)~~)) (9) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

((~~(9)~~)) (10) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

((~~(10)~~)) (11) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.

Sec. 14. RCW 90.54.180 and 1989 c 348 s 5 are each amended to read as follows:

Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the following:

(1) Water efficiency and conservation programs should utilize an appropriate mix of economic incentives, cost share programs, regulatory programs, and technical and public information efforts. Programs which encourage voluntary participation are preferred.

(2) Increased water use efficiency should receive consideration as a potential source of water in state and local water resource planning processes. In determining the cost-effectiveness of alternative water sources, consideration should be given to the benefits of conservation, including waste water recycling, and ((~~impoundment~~)) storage of waters.

(3) In determining the cost-effectiveness of alternative water sources, full consideration should be given to the benefits of storage which can reduce the damage to stream banks and property, increase the utilization of land, provide water for municipal, industrial, agricultural, and other beneficial uses, provide for the generation of electric power from renewable resources, and improve stream flow regimes for fishery and other instream uses.

(4) Entities receiving state financial assistance for construction of water source expansion or acquisition of new sources shall develop, and implement if cost-effective, a water use efficiency and conservation element of a water supply plan pursuant to RCW 43.20.230(1).

(5) State programs to improve water use efficiency should focus on those areas of the state in which water is overappropriated; areas that experience diminished streamflows or aquifer levels; and areas where projected water needs, including those for instream flows, exceed available supplies.

(6) Existing and future generations of citizens of the state of Washington should be made aware of the importance of the state's water resources and the need for wise and efficient use and development of this vital resource. In order to increase this awareness, state agencies should integrate public education on increasing water use efficiency into existing public information efforts. This effort shall be coordinated with other levels of government, including local governments and Indian tribes.

PART III

INTERTIES

Sec. 15. RCW 90.03.383 and 1991 c 350 s 1 are each amended to read as follows:

(1) The legislature recognizes the value of interties for improving the reliability of public water systems, enhancing their management, and more efficiently utilizing the increasingly limited resource. Given the continued growth in the most populous areas of the state, the increased complexity of public water supply management, and the trend toward regional planning and regional solutions to resource issues, interconnections of public water systems through interties provide a valuable tool to ensure reliable public water supplies for the citizens of the state. Public water systems have been encouraged in the past to utilize interties to achieve public health and resource management objectives. The legislature finds that it is in the public interest to recognize interties existing and in use as of January 1, 1991, and to have associated water rights modified by the department of ecology to reflect current use of water through those interties, pursuant to subsection (3) of this section. The legislature further finds it in the public interest to develop a coordinated process to review proposals for interties commencing use after January 1, 1991.

(2) For the purposes of this section, the following definitions shall apply:

(a) "Interties" are interconnections between public water systems permitting exchange, acquisition, or delivery of wholesale and/or retail water between those systems for other than emergency supply purposes, where such exchange, acquisition, or delivery is within established instantaneous and annual withdrawal rates specified in the systems' existing water right permits or certificates, or contained in claims filed pursuant to chapter 90.14 RCW, and which results in better management of public water supply consistent with existing rights and obligations. Interties include interconnections between public water systems permitting exchange, acquisition, or delivery of water to serve as primary or secondary sources of supply((~~, but do not include development of new sources of supply to meet future demand~~)).

(b) "Service area" is the area designated as the wholesale and/or retail area in a water system plan or a coordinated water system plan pursuant to chapter 43.20 or 70.116 RCW respectively. When a public water system does not have a designated service area subject to the approval process of those chapters, the service area shall be the designated place of use contained in the water right permit or certificate, or contained in the claim filed pursuant to chapter 90.14 RCW.

(3) Public water systems with interties existing and in use as of January 1, 1991, or that have received written approval from the department of health prior to that date, shall file written notice of those interties with the department of health and the department of ecology. The notice may be incorporated into the public water system's five-year update of its water system plan, but shall be filed no later than June 30, 1996. The notice shall identify the location of the intertie; the dates of its first use; the purpose, capacity, and current use; the intertie agreement of the parties and the service areas assigned; and other information reasonably necessary to modify the water right permit. Notwithstanding the provisions of RCW 90.03.380 and 90.44.100, for public water systems with interties existing and in use as of January 1, 1991, the department of ecology, upon receipt of notice meeting the requirements of this subsection, shall, as soon as practicable, modify the place of use descriptions in the water right permits, certificates, or claims to reflect the actual use through such interties, provided that the place of use is within service area designations established in a water system plan approved pursuant to chapter 43.20 RCW, or a coordinated water system plan approved pursuant to chapter 70.116 RCW, and further provided that the water used is within the instantaneous and annual withdrawal rates specified in the water right permit and that no outstanding complaints of impairment to existing water rights have been filed with the department of ecology prior to September 1, 1991. Where such complaints of impairment have been received, the department of ecology shall make all reasonable efforts to resolve them in a timely manner through agreement of the parties or through available administrative remedies.

(4) Notwithstanding the provisions of RCW 90.03.380 and 90.44.100, exchange or delivery of water through interties commencing use after January 1, 1991, shall be permitted when the intertie improves overall system reliability, enhances the manageability of the systems, provides opportunities for conjunctive use, or delays or avoids the need to develop new water sources, and otherwise meets the requirements of this section, provided that each public water system's water use shall not exceed the instantaneous or annual withdrawal rate specified in its water right authorization, shall not adversely affect existing water rights, and shall not be inconsistent with state-approved plans such as water system plans or other plans which include specific proposals for construction of interties. Interties commencing use after January 1, 1991, shall not be inconsistent with regional water resource plans developed pursuant to chapter 90.54 RCW.

(5) For public water systems subject to the approval process of chapter 43.20 RCW or chapter 70.116 RCW, proposals for interties commencing use after January 1, 1991, shall be incorporated into water system plans pursuant to chapter 43.20 RCW or coordinated water system plans pursuant to chapter 70.116 RCW and submitted to the department of health and the department of ecology for review and approval as provided for in subsections (5) through (9) of this section. The plan shall state how the proposed intertie will improve overall system reliability, enhance the manageability of the systems, provide opportunities for conjunctive use, or delay or avoid the need to develop new water sources.

(6) The department of health shall be responsible for review and approval of proposals for new interties. In its review the department of health shall determine whether the intertie satisfies the criteria of subsection (4) of this section, with the exception of water rights considerations, which are the responsibility of the department of ecology, and shall determine whether the intertie is necessary to address emergent public health or safety concerns associated with public water supply.

(7) If the intertie is determined by the department of health to be necessary to address emergent public health or safety concerns associated with public water supply, the public water system shall amend its water system plan as required and shall file an application with the department of ecology to change its existing water right to reflect the proposed use of the water as described in the approved water system plan. The department of ecology shall process the application for change pursuant to RCW 90.03.380 or 90.44.100 as appropriate, except that, notwithstanding the requirements of those sections regarding notice and protest periods, applicants shall be required to publish notice one time, and the comment period shall be fifteen days from the date of publication of the notice. Within sixty days of receiving the application, the department of ecology shall issue findings and advise the department of health if existing water rights are determined to be adversely affected. If no determination is provided by the department of ecology within the sixty-day period, the department of health shall proceed as if existing rights are not adversely affected by the proposed intertie. The department of ecology may obtain an extension of the sixty-day period by submitting written notice to the department of health and to the applicant indicating a definite date by which its determination will be made. No additional extensions shall be granted, and in no event shall the total review period for the department of ecology exceed one hundred eighty days.

(8) If the department of health determines the proposed intertie appears to meet the requirements of subsection (4) of this section but is not necessary to address emergent public health or safety concerns associated with public water supply, the department of health shall instruct the applicant to submit to the department of ecology an application for change to the underlying water right or claim as necessary to reflect the new place of use. The department of ecology shall consider the applications pursuant to the provisions of RCW 90.03.380 and 90.44.100 as appropriate. If in its review of proposed interties and associated water rights the department of ecology determines that additional information is required to act on the application, the department may request applicants to provide information necessary for its decision, consistent with agency rules and written guidelines. Parties disagreeing with the decision of the department of ecology on the application for change in place of use may appeal the decision to the pollution control hearings board.

(9) The department of health may approve plans containing intertie proposals prior to the department of ecology's decision on the water right application for change in place of use. However, notwithstanding such approval, construction work on the intertie shall not begin until the department of ecology issues the appropriate water right document to the applicant consistent with the approved plan.

PART IV

GENERAL PERMITS

NEW SECTION. Sec. 16. The legislature finds that the present delay in the processing of water right applications is not beneficial to the citizens of the state nor is it in keeping with the goal of managing the resource to the highest possible standard and maximum net benefit.

The legislature further finds that water conservation efforts would be greatly enhanced by a permit system that encourages water right applicants to use only the amount of water actually necessary to meet their needs.

NEW SECTION. Sec. 17. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall develop a general permit system for appropriating water for nonconsumptive, nonbypass uses. This system must be designed and used to accurately identify and register any water right application that qualifies for the streamlined process of appropriation of water by meeting the requirements in this section and registering the use. The general permit system must be applicable state-wide, and all waters of the state shall be eligible for coverage under the system. The evaluation and report required for an application under RCW 90.03.290 are not required for applications processed under the general permit system. For the purposes of this section:

(a) "Nonconsumptive, nonbypass use" means a use of water in which water is diverted from a stream or drawn from an aquifer and following its use is discharged back into or near the point of diversion or withdrawal without diminishment in quality and less than five thousand gallons of net consumption per day; and

(b) "Without diminishment of quality" means that, before being discharged back to its source, the water being discharged meets state water quality standards adopted under chapter 90.48 RCW.

(2) The department shall, by January 1, 1997, establish the general permit system by adopting rules in accordance with chapter 34.05 RCW. Before the adoption of rules for a system, the department shall consult with representatives of the following interest groups: Agriculture; aquaculture; home construction and development; county government; city government; surface mining; and the environmental community. At least four public hearings must be held at various locations around the state, not less than two of which shall be east of the crest of the Cascade mountains. The rules must identify criteria for proposed uses of water for which applications might be processed under the system and must establish procedures for filing and processing applications and issuing water rights certificates under the general permit system.

NEW SECTION. Sec. 18. A new section is added to chapter 90.03 RCW to read as follows:

An application for registration as a nonconsumptive, nonbypass water user under the general permit system established under section 17 of this act must be made on a form adopted and provided by the department. Within sixty days of receipt of a properly completed application, the department shall determine whether the proposed use is eligible to be processed under the general permit system. If the department determines that the proposed use is eligible to be processed under the system, the application must be processed under the system within the next sixty days. The priority date of the water right established pursuant to this section shall be the date that the properly completed application is submitted. If the department determines that the proposed use is not eligible for the processing, the department shall explain to the applicant in writing the reasons for its determination. For a proposed use determined ineligible for the processing, if the department finds that the information contained on the application form substantially satisfies the information requirements for an application for a use that would normally be filed for processing the application outside of the general permit system, the department shall notify the applicant of its finding and shall process the application as if it were filed for processing outside of the system. If the department finds that the information does not substantially satisfy the requirements, the application must be considered to be incomplete for the processing and the applicant must be notified of this consideration. The department must grant or deny a new permit application within one year of receipt of the application.

NEW SECTION. Sec. 19. A new section is added to chapter 90.03 RCW to read as follows:

Nothing in sections 17 and 18 of this act authorizes the impairment or operates to impair any existing water rights. A water right holder under sections 17 and 18 of this act shall not make withdrawals that impair a senior water right. A holder of a senior water right who believes his or her water right is impaired may file a complaint with the department of ecology. Where such complaints of impairment have been received, the department of ecology shall make all reasonable efforts to resolve them in a timely manner through agreement of the parties or through available administrative remedies. Nothing in section 17 or 18 of this act may be construed as waiving any requirement established under chapter 90.48 RCW or federal law that a permittee secure a discharge permit regarding water quality.

PART V

MISCELLANEOUS

NEW SECTION. Sec. 20. Part headings used in this act do not constitute part of the law.

NEW SECTION. Sec. 21. Sections 1 through 12 of this act shall constitute a new chapter in Title 90 RCW.