2013-S AMH CHAN H2818.1

SHB 2013 - H AMD 213 ADOPTED 3-15-97

By Representative Chandler

    Beginning on page 2, after line 8, strike all material through "construction." on page 3, line 7, and insert the following:

    "(2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application.  Such amendment shall be issued by the department only on the conditions that:  (((1))) (a) The additional or ((substitute)) replacement well or wells shall tap the same body of public ground water as the original well or wells; (((2) use of the original well or wells shall be discontinued upon construction of the substitute well or wells; (3) the construction of an additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (4))) (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired.  The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

(3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment.  However, the following apply to such a replacement or new additional well:  (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

(4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well."

EFFECT:  The amendment reorganizes the provisions of the substitute bill to more clearly segregate requirements for wells constructed at the location of the original well or wells and the requirements for those constructed elsewhere.  The amendment also clarifies that the "decommissioning" required under the bill is the decommissioning required under the well construction statutes, chapter 18.104 RCW.

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