S-0389.2  _______________________________________________

                         SENATE BILL 5441

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Swecker, Rasmussen, Hochstatter, Bauer, Morton, Heavey, Owen, Oke, Palmer, Hargrove, Schow, A. Anderson, Deccio and Winsley

Read first time 01/24/95.  Referred to Committee on Senate Select Committee on Water Policy.

Providing direction to the department of ecology concerning the efficient process of water rights applications.

    AN ACT Relating to water resources; and adding a new section to chapter 43.27A RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.27A RCW to read as follows:

    (1) The legislature finds that the department of ecology is currently unable to expediently process the water rights applications before it, and that this failure is due to the inability of the department of ecology to set appropriate administrative procedures relating to specific issues.  It is therefore necessary for the legislature to provide specific direction to facilitate efficient execution of its intent under chapters 90.03, 90.44, and 90.54 RCW.  Further, since the situation is directly traceable to the failure of the department of ecology to successfully execute the intent of RCW 90.54.030, 90.54.040, and 90.54.060, the directives under subsection (2) of this section are in effect until such time as the department of ecology demonstrates all of the following:

    (a) That the intent of chapters 90.03, 90.44, and 90.54 RCW and RCW 90.54.030, 90.54.040, and 90.54.060 has been fully met;

    (b) The current backlog of water rights applications has been acceptably dispatched; and

    (c) The efficient processing of new applications has been achieved.

    (2) The legislature directs the department of ecology to adhere to the following:

    (a) Any limitations on the diversion of surface waters of the state of Washington may affect ground water appropriations only where there exists a clear and direct relationship between a closed or restricted surface water body and the ground water source from which water would be withdrawn.  The relationship must be demonstrable through a reasonable and repeatable test, or tests, that can be applied in the field, and that apply generally accepted methods of hydrogeologic science; and

    (b) Where closure or restrictions are established by the Washington Administrative Code and the Washington Administrative Code makes use of terms such as "significant impact," "measurable impact," or "noticeable impact," these terms shall be interpreted to mean that field evidence is to be applied and that the relationship demonstrated meets a common and appropriate use of the term as defined in a standard lexicon of the English language.  The denial of withdrawal from a proposed ground water source based on hydraulic continuity with a closed or restricted surface water body may only occur when a clear, significant, and demonstrable impact can be shown.

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