BP BHEAD INT S

AN ACT Relating to a general permit system for appropriating 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 water conservation efforts would be greatly enhanced by a permit system that encourages water right applicants to use only for 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 nonconsumptive, nonbypass uses. This system must be designed and used to streamline the consideration of applications for nonconsumptive, nonbypass 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(a) "Nonconsumptive, nonbypass use" means a use of water in which water is diverted from a stream or withdrawn from an aquifer and following its use is discharged, as determined by the department, back to or near the point of diversion or withdrawal without diminishment in quantity or quality. Hydraulic permit approval by the department of fish and wildlife, in accordance with chapter 75.20 RCW, shall be evidence of satisfactory consideration of fish and wildlife habitat protection for any use; 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, 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.