BP BHEAD INT S

AN ACT Relating to a general permit system for appropriating agricultural and multi-unit residential water; adding new sections to chapter 90.03 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. 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 a general, streamlined permit processing system would result in diminished reliance on single-family residence wells and more widespread use of group water systems, thus resulting in fewer wells and a greater efficiency in the allocation and use of water.

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. 2. 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 agricultural and multi-unit residential uses. These systems must be designed and used to streamline the consideration of applications for agricultural and multi-unit residential water uses. The general permit system must be applicable state-wide, and all waters of the state shall be eligible for coverage under the system unless the department in consultation with the affected county or counties determines that insufficient waters are available in a specific area to allow additional allocations. 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) "Agricultural use" means a use of not more than one-tenth of one cubic foot per second of ground water or water collected from artesian wells or springs, where there is an historical pattern of use, for any purpose generally accepted as integral to agricultural production;

(b) "Multi-unit residential use" means a use of not more than one-tenth of one cubic foot per second of ground water to provide domestic water to housing developments of more than one unit; and

(c) "Ground water" means all waters that exist beneath the land surface within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves.

(2) The department shall, by January 1, 1996, 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; tribal governments; and the environmental community. At least four public hearings must be held at various locations around the state. 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 under the general permit system.

(3) The fee for general permits authorized under chapter . . ., Laws of 1995 (this act) shall be the same as the fee charged on the same quantity of water now or hereafter established under chapter 90.03 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

An application for appropriating water under the general permit system established under section 2 of this act must be made on a form adopted and provided by the department. Within sixty days of receipt of a 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 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.

NEW SECTION. Sec. 4. Nothing in sections 2 and 3 of this act authorizes the impairment or operates to impair any existing water rights. A water right holder under sections 2 and 3 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.