2514-S AMH SCHO H5230.1

SHB 2514 - H AMD 1001 FAILED 2-17-98

By Representative Schoessler

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 90.82.005 and 1997 c 442 s 101 are each amended to read as follows:

    The purpose of this chapter is to develop a ((more)) thorough and cooperative method ((of)) that provides local citizens the maximum possible input for:  Determining what the current water resource situation is in each water resource inventory area of the state and ((to provide local citizens with the maximum possible input concerning their)) establishing goals and objectives for water resource management and development; reviewing water quality problems and recommending strategies for achieving compliance with water quality standards; and coordinating with any plans for the protection and enhancement of fish habitat.

    It is necessary for the legislature to establish processes and policies that will result in providing state agencies with more specific guidance to manage the water resources of the state consistent with current law and direction provided by local entities and citizens through the process established in accordance with this chapter.

It is the intent of this chapter to provide locally based groups with the opportunity to:  Assess local water supplies and needs and develop strategies to provide adequate water for economic prosperity and environmental protection while protecting existing water rights; ensure that adequate water supplies are available for population and economic growth under the requirements of the state's growth management act, chapter 36.70A RCW; review water quality problems and develop a strategy for achieving compliance with water quality standards; and coordinate plans for protection and enhancement of fish habitat.

Chapter . . ., Laws of 1998 (this act) is enacted to:  Improve the ability of local governments and citizens to be involved in the design and implementation of solutions to water quantity, water quality, and habitat needs for fish species and provide an opportunity for people in all watersheds to be involved in watershed planning if they so desire; provide a flexible mechanism for conducting locally initiated watershed planning on either a single watershed basis or, if more appropriate, on a multiple watershed basis; and allow local people to determine the scope of the watershed planning process while encouraging them to consider comprehensive watershed planning that includes addressing water quantity, water quality, and habitat for fish species in concert with one another.

Thus it is the intent of the legislature for integrated watershed management to help produce:  Adequate water quantity for the future, adequate water quality to protect and promote beneficial uses, and sufficient protection and enhancement of habitat so that fish resources thrive to be used and enjoyed by citizens of the state.

It is also the intent of the legislature to encourage collaboration and cooperation between the wide range of interests, and local, state, federal, and tribal governments to develop solutions to watershed problems.  The state of Washington wishes to recognize and maintain formal government-to-government relationships, and it also endeavors to work cooperatively with all governmental entities and representatives of citizen groups to foster effective and practical solutions that have broad-based support.  It is the intent of the legislature that all of the citizens of the state of Washington work cooperatively to ensure that the management of the state's economic destiny and environmental heritage remains in the hands of Washington's citizens as much as possible.

Nothing in this chapter may be construed as affecting or impairing existing water or property rights.

    Sec. 2.  RCW 90.82.010 and 1997 c 442 s 102 are each amended to read as follows:

The legislature finds that the state's vital interests are served by the wise management of the state's water resources, by protecting existing water rights and dependent economies, by protecting and enhancing instream flows and habitat for fish, and by providing for the public health and economic well-being of the state's citizenry and communities.  The legislature finds that many regions of the state are facing challenges relating to water quantity, water quality, and habitat for fish species.  There are a number of bodies of water in the state that do not meet federal and state water quality standards.  In several areas of the state, there has been a significant decrease in the number of fish returning to state waters and there is a growing sense of urgency to protect and enhance existing fishery resources.  The pressures of a growing population and expanding economy have led some local communities to seek additional water supplies for present and future needs and to seek certainty that the supplies will be available for those needs.

    The legislature finds that the local development of watershed plans for managing water resources ((and)), for protecting existing water rights and dependent economies, and for protecting and enhancing habitat for fish is vital to both state and local interests.  The local development of these plans serves vital local interests by placing it in the hands of people:  Who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed; and who have the greatest stake in the proper, long-term management of the resources.  The development of such plans serves the state's vital interests by ensuring that the state's water resources are used wisely, by protecting existing water rights and dependent economies, by protecting instream flows for fish, by protecting or enhancing fish habitat, and by providing for the economic well‑being of the state's citizenry and communities.  Therefore, the legislature believes it necessary for units of local government throughout the state to engage in the orderly development of these watershed plans.

The legislature finds that water resource and fish habitat challenges vary from region to region.  The legislature also finds that, in many cases, addressing one water resource or fishery habitat issue can cause concerns and have effects in other areas; as a result, integrated watershed management may be needed to address the variety of these challenges simultaneously.

The legislature further recognizes that considerable effort for addressing many of the challenges is represented by the work, planning, projects, and activities that have already been completed by local interests regarding watershed management or have been initiated and are in various stages of completion.  The legislature finds that, if new, integrated watershed management is to be initiated, it must begin with a thorough review of these completed or ongoing efforts and should incorporate their products as appropriate so as not to duplicate the work already performed or underway.

Although these challenges may require approaches that are integrated and comprehensive, the legislature finds that considerable authority currently exists to address these issues but that such authority is spread across an array of federal, state, tribal, and local governments.  Integration and coordination of such authorities in ways that have support of state, local, and tribal interests will be needed to develop and implement multi-interest and comprehensive solutions.  The legislature further finds that new state and federal regulatory regimes are by and large not necessary to develop good watershed management and that local authorities in particular provide a broad array of implementation tools to support good watershed management.  However, the legislature finds that the key to meeting existing regulatory objectives is the involvement and support of local citizens and local governments working cooperatively with state, federal, and tribal governments.  The legislature recognizes that it is unable to provide all the funding necessary for integrated watershed management to be developed throughout the entire state at once, and that as a result, watershed management will be phased in across the state over time, and that the state has an ongoing responsibility to provide funding for the watershed management described in this chapter.

    Sec. 3.  RCW 90.82.020 and 1997 c 442 s 103 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "City" means an incorporated city, code city, or town.

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

    (((2))) (3) "Implementing rules" for ((a WRIA plan)) integrated watershed management developed by a planning unit are the rules needed to give force and effect to the parts of the ((plan)) integrated watershed management that create rights or obligations for ((any party including)) a state agency ((or that establish water management policy)).

    (((3))) (4) "Indian tribe" means any Indian tribe, band, or nation that:  (a) is recognized as eligible, by the secretary of the interior, for the special programs and services provided by the United States to Indians because of their status as Indians; and (b) is recognized as possessing powers of self-government.

(5) "Lead agency" means the entity identified under section 9 of this act that makes provision for administrative staff support for and receives grants for a planning unit developing integrated watershed management under this chapter.

(6) "Management area" means the WRIA or the multiple WRIA area for which integrated watershed management is developed by a planning unit under this chapter.

(7) "Minimum instream flows" means ((a minimum)) flows that meet the requirements of minimum flows under chapter 90.03 or 90.22 RCW ((or a)) and base flows under chapter 90.54 RCW as adopted by rule.

    (((4))) (8) "Planning unit" means a planning unit established under section 10 of this act.

(9) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

    (((5))) (10) "Water supply utility" means a ((water, combined)) water-sewer district, irrigation district, reclamation district, or public utility district that provides water to persons or other water users within the district or a division or unit responsible for administering a publicly governed water supply system on behalf of a county.

    (((6) "WRIA plan" or "plan)) (11) "Integrated watershed management" means the product of the planning unit ((including)) and includes the plan of the planning unit approved under section 11 of this act, any rules adopted in conjunction with the ((product)) plan of the planning unit, and strategies of the planning unit for implementing its plan.

NEW SECTION. Sec. 4.  ELEMENTS OF MANAGEMENT‑-PRIORITY PROJECTS.  (1) Counties, cities, and water supply utilities may, at their option, provide for the development of integrated watershed management for watersheds under this chapter.  If initiated, such management shall be developed for water quantity components of water resource management under section 5 of this act, water quality components of water resource management under section 7 of this act, and the coordination of protection or enhancement of fish habitat under section 8 of this act.  If integrated watershed management is initiated under this chapter, minimum instream flows shall be established for streams in the management area as provided in section 6 of this act.  It is anticipated that a planning unit will not await the development of proposals for minimum instream flows under section 6 of this act to begin developing other components of its integrated watershed management for a management area; rather, work on these developments will be undertaken concurrently.

    (2) Under this chapter, integrated watershed management may be developed by a planning unit for one or more WRIAs, but may not be developed by a planning unit for less than one WRIA except for those watersheds planned as pilot projects in the Methow and Dungeness/Quilcene areas before the effective date of this section.  This chapter may not be construed to prevent or delay any planning, projects, or activities that are commenced under other laws or that are authorized.

    (3) Integrated watershed management developed and approved under this chapter shall not contain provisions that (a) are in conflict with state statutes, federal laws, or tribal treaty rights, existing on the effective date of this section; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry or a water right certificate or permit; (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before the effective date of this section or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before the effective date of this section; (d) affect or interfere with an ongoing general adjudication of water rights; (e) apply in an area with an acreage expansion program in effect on the effective date of this section that is an element of a ground water area or subarea management program as provided in RCW 90.44.445; (f) in any way delay the processing of requests for changes in place of water use, purpose of use, or point of diversion; (g) modify or require the modification of any waste discharge permit issued under chapter 90.48 RCW; or (h) modify or require the modification of activities or actions taken to protect or enhance fish habitat if the activities or actions are:  (i) Part of a habitat conservation plan and permit, an incidental take permit or statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of an agreement regulating forest practices, which is adopted by rule by the forest practices board under the forest practices act, chapter 76.09 RCW, for the affected habitat.  This subsection (3)(h) applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, statement, or rules.  Any assessment conducted under section 5, 7, or 8 of this act shall take into consideration such activities and actions.

    (4) Integrated watershed management developed and approved under this chapter shall not change existing local ordinances or existing state rules, but it may contain recommendations for changing such ordinances or rules.

    (5) Once a planning unit has begun developing integrated watershed management under this chapter, the unit shall, as a matter of high priority:

    (a) Review the historical geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural resource management or enhancement in the management area and the products or status of those that have been initiated but not completed for such management in the management area, and incorporate their products as appropriate so as not to duplicate the work already performed or underway; and

    (b) Identify projects and activities in the management area that the unit believes will likely serve short-term or long-term management goals and that warrant immediate financial assistance from state, federal, or local government.  The planning unit shall prioritize these projects and activities in a manner that reflects the degree to which they serve the unit's goals and the costs and the benefits of undertaking them.  The unit shall submit its prioritized list to the local governments with jurisdiction and, through the lead state representative on the planning unit designated under section 10(5)(j) of this act, to the legislature and the appropriate state agencies.

    (6) Integrated watershed management planning conducted under sections 5, 7, and 8 of this act shall identify within the management area the actions and activities that are necessary to: Implement the provisions of the integrated watershed management, monitor the effectiveness of the implementation, and provide any needed modifications.  It shall also identify the entities responsible for conducting these actions and activities.  It shall also identify any entity responsible for the coordinated oversight of these responsibilities.

NEW SECTION. Sec. 5.  WATER QUANTITY.  Integrated watershed management established for water quantity in the management area shall include an assessment of water supply and use in the management area, including:

    (1) An estimate of the surface and ground water present in the management area;

    (2) An estimate of the surface and ground water available in the management area, taking into account seasonal and other variations;

    (3) An estimate of the water in the management area represented by claims in the water rights claims registry, water use permits, certificated rights, rights granted under section 17 of this act, existing minimum instream flow rules, federally reserved rights, and any other rights to water;

    (4) An estimate of the surface and ground water actually being used in the management area;

    (5) An estimate of the water needed in the future for use in the management area;

    (6) An identification of the location areas where aquifers are known to recharge surface bodies of water and areas known to provide for the recharge of aquifers from the surface;

    (7) An estimate of the surface and ground water available for further appropriation, taking into account the minimum instream flows adopted by rule or to be adopted by rule for streams in the management area; and

    (8) Strategies for increasing water supplies in the management area, which may include, but are not limited to, increasing water supplies through water conservation, water reuse, the use of reclaimed water, voluntary water transfers, aquifer recharge and recovery, additional water allocations, or water storage enhancements.  The objective of these strategies is to supply water in sufficient quantities to satisfy the minimum instream flows and to provide water for future out-of-stream uses for water identified in subsection (5) of this section and to ensure that adequate water supplies are available for population and economic growth under the requirements of the state's growth management act, chapter 36.70A RCW.  These strategies shall not be construed to be an allocation of water.  If integrated watershed management is established by a planning unit under this section for water quantity components of water resource management in a management area and that management is approved by the counties under section 11 of this act but does not contain the strategies required under this subsection, all components of integrated watershed management established by the planning unit under this chapter are void.

NEW SECTION. Sec. 6.  INSTREAM FLOWS.  (1)(a) Except as provided in subsection (5) of this section, minimum instream flows shall be established by rule for the principal stream or streams in the WRIA or multiple WRIA area for which integrated watershed management is developed by a planning unit under this chapter.  At the time a planning unit is chosen or created under section 10 of this act or initial appointments are made by cities and counties under section 10 of this act, the cities and counties in a management area may decide, as described in section 9(9) of this act, that the planning unit will not participate in identifying such flows in the management area, in which case they shall request the department to adopt rules establishing the minimum instream flows for the principle stream or streams in the management area.

    (b) In all other management areas after considering in detail the assessment provided in section 5 of this act, identifying the flow regimes that make up the minimum instream flows shall be a collaborative effort between the department and the members of the planning unit developing the integrated watershed management.  As these flows are developed, it shall be the duty of the department to attempt to achieve consensus among all of the members of the planning unit regarding the minimum flows to be adopted by rule by the department.  Approval is achieved if:

    (i) The members of the planning unit present for a recorded vote on the proposed minimum instream flows who have been appointed to represent the state through the shared ballot process described in section 10 (6) and (9) of this act, each appointed to represent tribal governments with federal Indian reservations or federally recognized ceded lands located in whole or in part within the management area or fishing rights recognized under federal case law on lands within the management area, each appointed to represent directly counties, each appointed to represent directly cities, each appointed to represent directly conservation districts, and each appointed to represent directly water supply utilities records his or her support for the proposed minimum instream flows as part of the recorded vote or abstains from voting on the proposal; and

    (ii) A majority of the members of the planning unit, other than those who have been appointed to represent the entities identified in (b)(i) of this subsection, who are present for a recorded vote on proposed minimum instream flows, records support for the proposed minimum instream flows as part of the recorded vote on the proposal.

    That such a recorded vote will be taken on proposed minimum instream flows shall be announced at the official meeting of the planning unit immediately preceding the official meeting of the unit at which the vote is recorded and a notice regarding voting on proposed minimum instream flows shall be sent to each member appointed to the planning unit as soon as possible following the meeting at which such an announcement is made.

    (2) If approval of the planning unit is achieved on minimum instream flows proposed for a management area under subsection (1) of this section, the department shall establish those flows by rule as described in RCW 90.82.040(8).

    (3) If approval is not achieved under subsection (1) of this section within four years of the date the planning unit first receives funding from the department under RCW 90.82.040, the department may promptly initiate rule making under chapter 34.05 RCW to establish minimum instream flows for these streams.  If the planning unit did not achieve approval on establishing minimum instream flows, the planning unit may submit the vote on instream flows to the department for its consideration.  Minimum flows established under this section shall have a priority date of two years after the planning unit first received funding from the department under RCW 90.82.040.

    (4) If minimum instream flows have been adopted by rule for a stream in the management area and the cities and counties do not, under section 9 of this act, request the planning unit or the department to modify those flows, minimum instream flows for the stream shall not be modified for the stream under this chapter.  If the cities and counties request, under section 9 of this act, that the planning unit modify the minimum instream flows for the stream but approval is not achieved under this section for modifying those flows, minimum instream flows shall not be modified for the stream under this chapter.

    (5) Nothing in this chapter either:  (a) Affects the department's authority to establish flow requirements or other conditions under RCW 90.48.260 or the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for the licensing or relicensing of a hydroelectric power project under the federal power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing instream flow requirements and other conditions in a current license for a hydroelectric power project licensed under the federal power act.

    (6) Minimum instream flows shall not be proposed or adopted for the main stem of the Columbia river or the main stem of the Snake river under this chapter.

    (7) A planning unit may consider identifying how minimum instream flows could be modified in response to the successful implementation of other elements of the integrated watershed management.

    (8) As used in this section, the "principal stream or streams" are, in a management area for which the department is requested by cities and counties to adopt minimum instream flows under subsection (1)(a) of this section, the streams determined by the department to be the principal stream or streams.  In any other management area, the "principal stream or streams" are the main stem of the stream with the largest annual average flow in each WRIA in the management area; and the major tributaries to such a main stem and any other streams in the management area that are determined to be principal streams by the planning unit by a majority vote of the planning unit.  "Principal stream or streams" does not include streambeds that are used as laterals for irrigation and are nonfish-bearing.

    (9) Nothing in this chapter may be construed as affecting or impairing in any manner whatsoever water rights existing before the effective date of this section.

NEW SECTION. Sec. 7.  WATER QUALITY.  Integrated watershed management established for water quality in the management area shall include the following components:

    (1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area;

    (2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area.  The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;

    (3) An examination of the uses of each of the nonmarine bodies of water in the management area and an identification of the beneficial uses of each for water quality classification purposes;

    (4) An identification of the class of use for nonmarine bodies of water and for basin-specific water quality standards that may be adopted by rule by the department and recommendations for the water quality standards to be adopted for those bodies of water;

    (5) A recommended strategy for achieving compliance with water quality standards for the nonmarine bodies of water in the management area; and

    (6) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the strategy bring about improvements in water quality that are sufficient to achieve compliance with water quality standards.

    This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.).

NEW SECTION. Sec. 8.  HABITAT.  Integrated watershed management shall be coordinated, or as needed, developed to protect or enhance fish habitat in the management area by relying on existing laws and rules adopted under habitat planning processes such as the habitat work plans prepared under chapter . . ., Laws of 1998 (Substitute House Bill No. 2496) and other existing plans created for the purpose of protecting, restoring, or enhancing fish habitat, the shoreline management act, chapter 90.58 RCW, the growth management act, chapter 36.70A RCW, and the forest practices act, chapter 76.09 RCW.  Management established under this section shall be integrated with strategies developed under other processes to respond to potential and actual listings of salmon and other fish species as being threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.  Integrated watershed management developed for such purposes shall include the following components:

    (1) An analysis of the potential for protecting or enhancing fish habitat in the management area;

    (2) An identification of fish habitat protection or enhancement activities and projects and voluntary transactions, including but not limited to those providing for the purchase of fish habitat or fish habitat easements, that would provide the greatest benefit to such habitat in the management area.  Where habitat work plans developed under chapter . . ., Laws of 1998 (Substitute House Bill No. 2496) are available or are intended to be developed, the planning shall rely on those plans;

    (3) Recommended means of ensuring that the activities, projects, and transactions identified under subsection (2) of this section will be undertaken.  Where habitat work plans developed under chapter . . ., Laws of 1998 (Substitute House Bill No. 2496) are available or are intended to be developed, the planning shall rely on those plans; and

    (4) Recommended means of monitoring the effect of undertaking the activities, projects, and transactions identified under subsection (2) of this section on protecting or enhancing fish habitat in the management area.

NEW SECTION. Sec. 9.  INITIATING INTEGRATED WATERSHED MANAGEMENT.  The following is the procedure by which the development of integrated watershed management may be initiated under this chapter.

    (1) The following entities may decide that integrated watershed management should be considered:  (a) The county with the largest area within the boundaries of a single WRIA or multi-WRIA proposed management area; (b) the city, if there is one, within the proposed management area using the largest amount of water from within the proposed management area; (c) the city, if there is one, cumulatively diverting and withdrawing the largest amount of water from within the proposed management area; and (d) the water supply utility, if there is one, that provides the largest quantity of water in the proposed management area.  However, the county with the largest area bordering on the main stem of the stream with the largest annual flow, not including the Columbia or Snake rivers, within the boundaries of a WRIA, the city obtaining the largest amount of water from the WRIA, and the largest water supply utility in the WRIA may jointly and unanimously choose to initiate watershed management for the WRIA under this chapter.

    (2) If entities in subsection (1) of this section decide jointly an unanimously to proceed, they shall invite the Indian tribe, if there is one, with the largest reservation within the proposed management area to participate in integrated watershed management.

    (3) The entities in subsection (1) of this section, including the tribe if it affirmatively accepts the invitation, constitute the initiating governments for the purposes of this section.

    (4) On behalf of the initiating governments, the county with the largest area within the boundaries of the proposed management area shall convene a public meeting in the affected area to discuss the appointment of a planning unit for developing integrated watershed management under this chapter.  Notices of the meeting shall be sent to:

    (a) County governments with territory in the proposed management area;

    (b) The cities of each county located in and cities that receive water from the proposed management area;

    (c) Tribal governments of federal Indian reservations or federally recognized ceded lands located in whole or in part within the boundaries of the proposed management area;

    (d) Water supply utilities located in and water supply utilities that receive water from the proposed management area;

    (e) Conservation districts with territory in the proposed management area;

    (f) Groups and entities that have been or are currently engaged in public planning processes within the proposed management area that involve water quantity, water quality, or habitat restoration activities.  In providing this notice, the county shall make a reasonable attempt to identify and notify groups and entities that within the last five years have been or are currently engaged in such planning; and

    (g) The department, which shall notify other appropriate state agencies, appropriate Indian tribes, and appropriate federal agencies.

    The notice shall contain the purpose, time, and location of the meeting.  The notice shall also be published at least once a week for two consecutive weeks in a newspaper of general circulation in the proposed management area.  The notice that is published in the newspaper shall invite members of the general public to participate.

    (5) The purpose of the public meeting is to obtain comments regarding initiating the development of integrated watershed management under this chapter, the coordination of that process with ongoing planning processes and activities in the watershed, and the creation of a planning unit to prepare the integrated watershed management.

    (6) For developing integrated watershed management under this chapter, the county with the largest area within the boundaries of the proposed management area is the lead agency for the development of the integrated watershed management, unless the cities, counties, and Indian tribes described in subsection (8) of this section approve the designation of another governmental agency as the lead agency.  Such a governmental agency shall act as the lead agency for this purpose if it agrees in writing to accept the designation.

    (7) At or following the public meeting, the county that convened the meeting shall call for a vote of the cities, counties, and Indian tribes described in subsection (8) of this section as to whether to proceed with the development of integrated watershed management under this chapter in the proposed management area.  If these cities, counties, and Indian tribes approve proceeding with the development of such management, the lead agency shall make application to the department for funding to develop integrated watershed management under this chapter.

    (8) The cities, counties, and Indian tribes that may make decisions under subsections (6) and (7) of this section may choose the type of planning unit to be used for developing integrated watershed management under this chapter in the proposed management area under section 10 of this act.

    (9) At the time a planning unit is chosen or created under section 10 of this act or initial appointments are made by cities and counties under section 10 of this act, the cities and counties in a management area may:  (a) Decide that the planning unit will not participate in identifying such flows in the management area, in which case they shall request the department to adopt rules establishing the minimum instream flows for the principal stream or streams in the management area; or (b) if minimum instream flows have been adopted by rule for a stream in the management area, request either the planning unit or the department to modify those flows.  To approve an action for these purposes, the cities must approve the action by majority vote, with each city having one vote, and the counties must approve the action by unanimous vote, with each county having one vote.  The vote of each city and each county shall be the vote assigned directly, in person or in writing, by the elected officials of the city and directly, in person or in writing, by the members of the legislative authority of the county.  For this purpose, the "elected officials" of a city are the members of the city's legislative authority and, if applicable, its elected mayor.

NEW SECTION. Sec. 10.  PLANNING UNIT‑-APPOINTMENT‑-OPTIONS.  (1) If the initiating governments approve proceeding with the development of integrated watershed management for a management area as described in section 9(7) of this act, the development of such management will be conducted under this chapter in the single WRIA or multiple WRIA management area by one planning unit.  As provided in subsections (2) and (3) of this section, the cities, counties, and tribe may choose an existing planning group as the basis for local representation on the planning unit or they may identify the composition of a new group as the basis for local representation on the planning unit.  Such a choice shall be made as described in section 9(9) of this act.  If the cities, counties, and tribe do not choose such an existing or new group in this manner, the planning unit to be used for developing the integrated watershed management for the management area is the planning unit specified in subsection (5) of this section.

    (2) If the cities, counties, and tribe choose an existing planning group as the basis for local representation on a planning unit, the planning group shall have been in existence for at least one year before being so chosen.  To be considered, the representation of governmental entities and interest groups on such a planning group must be generally similar to the representation identified in subsections (5)(a) through (g) and (12) of this section, or the planning group shall have a statutorily specified membership.  If the cities, counties, and tribe find that the existing group has the required composition and find that the scope of the group's work is or has been appropriate considering the tasks to be given the planning unit under this chapter, the cities, counties, and tribe may designate the group as the basis for local participation on the planning unit.  The existing group chosen in this manner plus the membership specified in subsection (5)(j) of this section and any membership provided under subsection (5)(i) of this section, which provide for representation by state and tribal governments, constitute the planning unit for developing integrated watershed management under this chapter in the management area.

    (3) The cities, counties, and tribe may choose as the basis for local participation on the planning unit under this chapter a new planning group tailored to the specific geographic area for which integrated watershed management will be developed.  The cities, counties, and tribe shall ensure that the members of the planning unit represent diverse interests, and shall include the interests represented by a planning unit that would be appointed under subsections (5)(a) through (g) and (12) of this section.  If the cities, counties, and tribe designate a new planning group as the basis for local participation on the planning unit, the new group plus the membership specified in subsection (5)(j) of this section and any membership provided under subsection (5)(i) of this section, which provide for representation by state and tribal governments, constitute the planning unit for developing integrated watershed management under this chapter in the management area.

    (4) If an existing or new group is designated under subsection (2) or (3) of this section as the basis for local participation on the planning unit, the group and therefore the planning unit it is a part of:  Shall have membership positions that directly represent cities in whole or in part in the management area and these positions shall be clearly identified as such; and shall have membership positions that directly represent counties with territory in the WRIAs that make up the management area and these positions shall be clearly identified as such.  The cities, counties, and tribe designating a new group as the basis for local participation on the planning unit may identify a subcommittee structure for the planning unit, but the authorities granted to a planning unit by this chapter may only be exercised by the full planning unit.  Any of the cities or counties that are entitled to have a membership position on the planning unit may choose not to participate in the planning unit.

    (5) Unless a planning unit is created as provided in subsection (2) or (3) of this section, the planning unit that develops integrated watershed management in a single WRIA management area under this chapter shall be composed of the following:

    (a) One member representing each county with territory in the WRIA appointed by the county;

    (b) One member representing cities for each county with territory in the WRIA appointed by the cities within that county;

    (c) One member representing water supply utilities for each county with territory within the WRIA, appointed jointly by the three largest water supply utilities in the county;

    (d) One member representing all conservation districts with territory within the WRIA appointed jointly by those districts;

    (e) Three members representing major interests in the WRIA appointed jointly by the cities with territory within the WRIA; three members representing major interests in the WRIA appointed jointly by the counties with territory within the WRIA; and three members representing major interests in the WRIA, appointed jointly by the cities and counties with territory within the WRIA;

    (f) One member representing the general citizenry appointed jointly by the cities with territory within the WRIA;

    (g) One member representing the general citizenry appointed jointly by the counties with territory in the WRIA;

    (h) Two members representing the general citizenry appointed jointly by the cities and counties, one of whom shall be a holder of a water right certificate and one of whom shall be a holder of a water right for which a statement of claim was in the state's water rights claims registry before January 1, 1997;

    (i) If one or more federal Indian reservations, other than the initiating tribe, if there is one, are located in whole or in part within the boundaries of the management area, or if one or more Indian tribes located in this state have federally recognized ceded land within the management area or fishing rights recognized under federal case law on lands within the management area, the planning unit shall promptly extend an invitation to the tribal government of each such reservation to appoint one member representing that tribal government and to the tribal government of each such Indian tribe to appoint one member representing that tribe; and

    (j) One member representing each of the following state agencies:  The department of transportation, the department of fish and wildlife, the department of ecology, and the department of natural resources.

    (6) The four members representing state agencies under subsection (5)(j) of this section shall have a total of two votes in any voting done by the planning unit.  One of these votes shall be shared by the department of natural resources and the department of fish and wildlife; the other vote shall be shared by the department of ecology and the department of transportation.  Of these members, the governor shall appoint one lead state representative whose duty it is to ensure that state government ultimately speaks with one voice in developing integrated watershed management under this chapter, to coordinate the state's participation on the planning unit, and to secure and coordinate under section 15 of this act the technical assistance provided by the state to the planning unit.

    (7) In addition, for a WRIA located within Pierce, King, Snohomish, or Spokane county, one representative of the water purveyor using the largest amount of water from the WRIA  shall be a voting member of the planning unit whether the principal offices of the purveyor are or are not located within the WRIA.

    (8) Unless a planning unit is created as provided in subsection (2) or (3) of this section, the planning unit that develops integrated watershed management in a multi-WRIA management area under this chapter shall be composed of the following:

    (a) One member representing each county with territory in the multi-WRIA area appointed by that county;

    (b) One member representing cities for each county with territory in the multi-WRIA area appointed by the cities within that county;

    (c) One member representing water supply utilities for each county with territory within the multi-WRIA area appointed jointly by the three largest water supply utilities in each county;

    (d) Up to two members, as that number is determined by the districts, representing all conservation districts with territory within the multi-WRIA area and appointed jointly by those districts;

    (e) Three members representing major interests in the management area appointed jointly by the cities with territory within the multi-WRIA area; three members representing major interests in the management area appointed jointly by the counties with territory within the multi-WRIA area; and three members representing major interests in the management area appointed jointly by the cities and counties with territory within the multi-WRIA area;

    (f) One member representing the general citizenry appointed jointly by the cities with territory within the multi-WRIA area;

    (g) One member representing the general citizenry appointed jointly by the counties with territory in the multi-WRIA area;

    (h) Two members representing the general citizenry appointed jointly by the cities and the counties, one of whom shall be a holder of a water right certificate and one of whom shall be a holder of a water right for which a statement of claim was in the state's water rights claims registry before January 1, 1997;

    (i) If one or more federal Indian reservations, other than the initiating tribe if there is one, are located in whole or in part within the boundaries of the management area, or if one or more Indian tribes located in this state have federally recognized ceded land within the management area or fishing rights recognized under federal case law on lands within the management area, the planning unit shall promptly extend an invitation to the tribal government of each such reservation to appoint one member representing that tribal government and to the tribal government of each such Indian tribe to appoint one member representing that tribe; and

    (j) One member representing each of the following state agencies:  The department of transportation, the department of fish and wildlife, the department of ecology, and the department of natural resources.

    (9) The four members representing state agencies under subsection (8)(j) of this section shall have a total of two votes in any voting done by the planning unit.  One of these votes shall be shared by the department of natural resources and the department of fish and wildlife; the other vote shall be shared by the department of ecology and the department of transportation.  Of these members, the governor shall appoint one lead state representative whose duty it is to ensure that state government ultimately speaks with one voice in developing integrated watershed management under this chapter, to coordinate the state's participation on the planning unit, and to secure and coordinate under section 15 of this act the technical assistance provided by the state to the planning unit.

    (10) In addition, for a multi-WRIA planning unit located within Pierce, King, Snohomish, or Spokane county, one representative of the water purveyor using the largest amount of water from the multi-WRIA area shall be a voting member of the planning unit whether the principal offices of the purveyor are or are not located within the multi-WRIA area.

    (11) Each planning unit may invite representatives of federal agencies with jurisdiction over the subject matter for which integrated watershed management is being developed by the unit and the managers of major federal lands located within the management area to assist the planning unit by participating in the development of integrated watershed management by the unit under this chapter.  Such representatives shall not be considered to be voting members of the planning unit.

    (12) In appointing persons to a planning unit representing major interests in the management area, the cities and counties shall ensure that economic and environmental interests and instream and out-of-stream interests in water, in the management area are represented.  In doing so, the cities and counties shall consult with each other regarding the representation each is providing and may consider industrial water users, general businesses, hydroelectric and thermal power producers, and irrigated agriculture, nonirrigated agriculture, forestry, recreation, environmental, and recreational and commercial fisheries interest groups, and other groups with interests in the management area.

    (13) If a single WRIA or multi-WRIA management area does not contain a city within its boundaries, the county shall make all the appointments that a city would make under this section.

NEW SECTION. Sec. 11.  DECISIONS‑-HEARINGS‑-APPROVAL.  (1) The planning unit shall attempt to achieve consensus among the members of the planning unit in developing the components of its proposed integrated watershed management under section 5, 7, or 8 of this act.

    (2) Decisions regarding setting minimum instream flows shall be made as described in section 6 of this act.  Whether the minimum instream flows set for streams in the management area are or are not added as an express component of the planning unit's integrated watershed management for the management area may be determined by the planning unit, but adding or not adding the component does not affect the decisions made under section 6 of this act regarding minimum instream flows.

    (3) As part of its integrated watershed management, the planning unit may choose to develop drafts of state administrative rules and local ordinances that would be needed to give force and effect to the parts of its integrated watershed management that would create rights or obligations for any party.  If it so chooses, it may also request the appropriate state agencies, units of tribal government, and units of local government to assist it in drafting the rules and ordinances.  If the planning unit requests a state agency to provide such assistance, the state agency shall provide the assistance.

    (4)(a) Upon completing its proposed integrated watershed management for the management area, the planning unit shall publish notice of and conduct at least one public hearing in each county in the management area on the proposal.  The planning unit shall take care to provide notice of the hearing throughout the management area.  As a minimum, the notice shall be published in one or more newspapers of general circulation in the management area.  After considering the public comments and making any changes in its proposal, the planning unit may approve the proposal by the process provided for in (b) and (c) of this subsection.

    (b)(i) The department and the tribal government with federal Indian reservation land located within the management area shall provide advice as to any specific subsections or sections of the watershed management that the department or tribe believes to be in conflict with state or federal law, and may provide other recommendations regarding the watershed management.  The department or tribe shall transmit its advice and recommendations within forty-five days of receiving it for review.  The planning unit shall consider each recommendation provided by the department under this subsection.  The planning unit may adopt the recommendation or provide changes to respond to the advice of the department or tribe by achieving approval by a vote of the members of the planning unit.

    (ii) If the planning unit fails to adopt the department's or tribal council's recommendations regarding provisions of the watershed management that conflict with state or federal law, the department and the planning unit shall submit the dispute to mediation.  If mediation does not resolve the dispute within forty-five days, the department shall file a petition for declaratory judgment in the superior court of the county with the largest area in the WRIA or multi-WRIA governed by the watershed management.  The superior court shall review the dispute under the error of law standard.  If the superior court finds that a component of the plan conflicts with state or federal law, that component of the plan is invalid.  Decisions on such petitions are reviewable as in other civil cases.  This subsection shall not be construed to establish state liability for any other element of the watershed management adopted as rules.

    (c) Approval among the members of the planning unit is achieved if the members of the planning unit present for a recorded vote on the proposal appointed to represent the state through the shared ballot process described in section 10 (6) and (9) of this act, each appointed to represent tribal government with federal Indian reservation land located in the WRIA, each appointed to represent directly counties, each appointed to represent water supply utilities, each appointed to represent conservation districts, and each appointed to represent directly cities records his or her support for the proposed integrated watershed management as part of a recorded vote on the proposal.

    (d) Approval among the members of the planning unit appointed to represent major interests in the management area and general citizenry components of the planning unit is achieved if a majority of the members of the planning unit, other than those described in (b) of this subsection, present at the recorded vote on the proposal records support for the integrated watershed management as a part of the recorded vote.

    (e) If the watershed management is approved by the planning unit, the unit shall submit the watershed management to the counties with territory within the management area.

    (f) If the watershed management is not approved by the planning unit following a vote, then the planning unit shall submit the watershed management to mediation in an attempt to achieve agreement between the members of the planning unit.  If the unit is unable to reach an agreement that will achieve approval within forty-five days after submitting the dispute to mediation, the planning unit may either submit the components of the watershed management in which agreement was achieved to the county for approval or terminate the process.

    (5) The legislative authority of each of the counties with territory within the management area shall provide public notice for and conduct at least one public hearing in each county on the approved watershed management submitted to the county under this section.  The counties shall take care to provide notice of the hearings throughout the management area.  As a minimum, the notice shall be published in one or more newspapers of general circulation in the management area.  After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the watershed management.  The counties may approve or reject the watershed management, but may not amend it.  Approval of a watershed management or of recommendations for a watershed management that are not approved shall be made by a majority vote of the members of the legislative authorities of each of the counties with territory in the management area.

    (6) If the watershed management is not approved by the counties, it shall be returned to the planning unit with recommendations for revisions.  If the revisions are approved by the planning unit, the watershed management shall be returned to the county for adoption.  Approval of such a revised proposal shall be made in the same manner provided for the original integrated watershed management.  If the revisions are not approved by the planning unit, the planning unit and the counties shall submit the revisions to mediation in an attempt to reach an agreement that will achieve approval by the planning unit and the counties.  If approval of the planning unit is achieved after mediation, the watershed management shall be returned to the county for adoption.  If the planning unit is unable to achieve agreement following mediation, it may either submit the components of the watershed management in which agreement was achieved to the county for approval or terminate the process.  The department shall proceed with adopting the approved watershed management through a rules adoption process described in RCW 90.82.040(8).

    (7) Before the adoption of the watershed management by the county legislative authority, the county shall transmit a copy of the watershed management to each city located in the WRIA.  The cities shall hold a public hearing on the watershed management.  The city shall publish notice of the hearing in a newspaper of general circulation in the city at least three days before the hearing.  The city has forty-five days after receiving the watershed management from the county to consider passage of a resolution that expresses agreement with the watershed management or express any concerns with the watershed management with the county.

    (8) At a minimum, the planning unit shall not add a component to its integrated watershed management that creates an obligation for state government unless the members of the planning unit appointed to represent state government agree to adding the component; it shall not add a component that creates an obligation for a tribal government unless the member or members of the planning unit appointed to represent that tribal government agree to adding the component; it shall not add a component that creates an obligation for a county, city, conservation district, or water supply utility unless the members of the planning unit appointed to represent the county, city, conservation district, or water supply utility agree to adding the component.  A member's agreeing to add a component shall be evidenced by a recorded vote of all members of the planning unit in which the members record support for adding the component.  If integrated watershed management is approved by the planning unit and the counties for a management area under this section and that management creates obligations for agencies of state government, the obligations are binding on the state agencies and the agencies shall adopt implementing rules and take other actions to fulfill their obligations as soon as possible.

NEW SECTION. Sec. 12.  MEMBERSHIP‑-OTHER RULES.  (1) A vacancy on a planning unit shall be filled by appointment in the same manner prescribed for appointing the position that has become vacant.  The planning unit shall not interrupt its work to await additional original appointments or appointments to fill any vacancies that may occur in its membership.

    (2) No person who is a member of a planning unit for a management area under this chapter may designate another to act on behalf of the person as a member or to attend as a member a meeting of the unit on behalf of the person.  If a member of such a planning unit is absent from more than five meetings of the planning unit that constitute twenty percent or more of the meetings that have been conducted by the planning unit while the person is a member of the unit.

    (3) For the purposes of this chapter, a county or conservation district is considered to have territory within a management area only if the territory of the county or district located in one of the WRIA's in the management area constitutes at least fifteen percent of the area of the WRIA.

    Sec. 13.  RCW 90.82.040 and 1997 c 442 s 105 are each amended to read as follows:

    (1) ((Once a WRIA planning unit has been organized and designated a lead agency, it shall notify the department and may apply to the department for funding assistance for conducting the planning.  Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.

    (2) Each planning unit that has complied with subsection (1) of this section is eligible to receive fifty thousand dollars for each WRIA to initiate the planning process.  The department shall allocate additional funds to WRIA planning units based on need demonstrated by a detailed proposed budget submitted by the planning unit for carrying out the duties of the planning unit.  Each WRIA planning unit may receive up to two hundred fifty thousand dollars for each WRIA during the first two-year period of planning, with a maximum allocation of five hundred thousand dollars for each WRIA.)) The department shall develop and administer a grant program to provide direct financial assistance to planning units for the preparation of integrated watershed management under this chapter.  Three separate grants may be awarded pursuant to this section.  These grants are initial organizing grants, grants for watershed assessments and establishment of instream flows, and grants for the development of integrated watershed management and implementation.  The total amount of the grants may not exceed five hundred thousand dollars for each WRIA.  The department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.

(2) An initial organizing grant of up to fifty thousand dollars may be awarded to a lead agency that applies to the department and indicates that integrated watershed management is to be developed under this chapter.  Organizing grants may be expended for any purpose authorized by the department, including but not limited to determining the scope of work to be addressed by the integrated watershed management for the management area; collecting and reviewing relevant studies and plans that already exist for the watershed, including growth management related plans in which critical areas have been designated pursuant to chapter 36.70A RCW; determining how the integrated watershed management for a management area can be coordinated with existing studies and plans; and baseline monitoring of water within the watershed.

(3)(a) A watershed assessment grant of up to two hundred thousand dollars for each WRIA may be awarded to a planning unit that certifies to the department that it adequately represents a broad range of interests within the watershed, and that it is willing to undertake the following as part of its integrated watershed management for its management area:  Integrated watershed management for the protection or enhancement of habitat, integrated watershed management for water quantity, or integrated watershed management for water quality.  The planning unit must submit a detailed proposed budget that demonstrates the need for the grant.

(b) Grants awarded pursuant to this subsection (3) shall be awarded for a four-year period.  The four-year time period shall begin to run when the lead agency for the planning unit first received the initial organizing grant under subsection (2) of this section.  For a planning unit that did not submit an application for an initial organizing grant, the four-year time period shall begin to run when the planning unit receives a grant under this subsection (3).

(4) A management development, instream flow, and implementation grant in an amount of up to two hundred fifty thousand dollars for each WRIA may be awarded to a planning unit that submits evidence that an assessment of the watershed has been adequately prepared in sufficient detail for the purposes for which the watershed assessment grant was awarded; the integrated watershed management that will be developed for the management area will not be in conflict with federal laws, state statutes, or tribal treaty rights; and its development will be coordinated with adjacent jurisdictions for purposes of minimum instream flows and water quality, if water quality was addressed as part of the watershed assessment.  The planning unit must submit a detailed proposed budget that demonstrates the need for the grant.  Any moneys awarded from the remaining grant balance for implementation in a management area under this section are available only for implementation that commences after integrated watershed management has been adopted for the area under section 11 of this act.

(5)(a) The department shall use the following eligibility criteria instead of rules when evaluating grant applications at each stage of the grants program:

(i) The application has documented that the planning unit meets all of the requirements of this chapter;

(ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and

(iii) The application and supporting information evidences a readiness to proceed.

(b) In ranking grant applications submitted at each stage of the grants program except for the initial organizing grant under subsection (2) of this section, the department shall give preference to applications in the following order of priority:

(i) Applications from existing planning groups that have been in existence for at least one year;

(ii) Applications from multi-WRIAs that propose to address protection and enhancement of fish habitat in watersheds that have aquatic species listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth;

(iii) Applications from single WRIAs that propose to address protection and enhancement of fish habitat in watersheds that have aquatic species listed as endangered or threatened under the federal endangered species act, and for which there is evidence of an inability to supply adequate water for population and economic growth;

(iv) Applications from multi-WRIAs that propose to address protection and enhancement of fish habitat in watersheds that have aquatic species listed as endangered or threatened under the federal endangered species act; and

(v) Applications from single WRIAs that propose to address protection and enhancement of fish habitat in watersheds that have aquatic species listed under the federal endangered species act.

(6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.

    (((3) Preference shall be given to planning units requesting funding for conducting multi-WRIA planning under section 108 of this act.

    (4))) (7) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

(8) The department may adopt its implementing rules for an integrated watershed management that have been approved by counties as part of integrated watershed management and may adopt rules when necessary to implement this section or section 6(2) of this act either by the regular rules adoption process provided in chapter 34.05 RCW, the expedited rules adoption process as set forth in RCW 34.05.230, or through a rules adoption process that uses the public hearings and notice provided by the planning unit and the county legislative authority as a substitute for the rules adoption requirements of chapter 34.05 RCW.  If the planning unit and county legislative authority hearings and notice are used as a substitute for the regular rules adoption process, the rules do not take effect until they are published in the Washington state register as provided in chapter 34.05 RCW.  Such rules do not constitute significant legislative rules as defined in RCW 34.05.328, and do not require the preparation of small business economic impact statements.

NEW SECTION. Sec. 14.  A new section is added to chapter 34.05 RCW to read as follows:

    Rules adopted by the department of ecology pursuant to RCW 90.82.040(8) are exempt from the requirements of this chapter to the extent provided in RCW 90.82.040(8).

NEW SECTION. Sec. 15.  TECHNICAL ASSISTANCE.  (1) The lead state representative on a planning unit designated under section 10(5)(j) of this act shall establish a program to provide technical assistance to planning units and local governments to encourage and facilitate the adoption and implementation of integrated watershed management for management areas developed under this chapter.  The program shall use existing requirements or standards that must be satisfied by the integrated watershed management developed under this chapter and no part of the program may have the effect of a rule adopted under chapter 34.05 RCW.

    (2) The program shall use any staff assigned by the governor for this task, the staff of state agencies, and staff from institutions of higher education to assist in the development of integrated watershed management under this chapter, including but not limited to assistance in determining and explaining how best available science will be incorporated into integrated watershed management for a management area, developing methods for effectively monitoring performance, providing the criteria that represents acceptable performance for key elements of the integrated watershed management for a management area, and the method of reporting performance to the public, local communities, and the state.  In providing assistance under this section, the lead state representative shall recognize regional and local variations that exist in different parts of the state.

    (3) The lead state representative on a planning unit shall assist planning units in ensuring that integrated watershed management developed under this chapter is coordinated with, and consistent with, the integrated watershed management of other planning units that share common borders or major stream basins.  The state shall provide mediation services to resolve disputes between planning units.

    (4) The department may contract out technical assistance if the lead state representative finds that it is cost-effective and will assist in implementing the intent of this chapter.

    (5) The department shall conduct an annual workshop for planning units to share successful approaches, as well as difficulties, in addressing specific problems within watersheds.

    (6) All state agencies with rule-making authority for programs that affect the development and implementation of integrated watershed management developed under this chapter shall review those rules and programs for consistency with this chapter and make recommendations to the legislature for any necessary statutory changes.

    Sec. 16.  RCW 90.03.345 and 1979 ex.s. c 216 s 7 are each amended to read as follows:

(1) The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment.  Whenever an application for a permit to make beneficial use of public waters embodied in a reservation, established after September 1, 1979, is filed with the department of ecology after the effective date of such reservation, the priority date for a permit issued pursuant to an approval by the department of ecology of the application shall be the effective date of the reservation.

(2) Minimum flows established under section 6 of this act shall have a priority date as specified in that section.

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

    If a person placed surface or ground water to beneficial use for irrigation or stock watering purposes before January 1, 1993, for which a permit or certificate was not issued by the department or its predecessors, the person or the person's successor holds a water right for that use in the amount beneficially used and with a priority date that is the date a statement of claim is filed for the right under this section if:

    (1) The person or the person's successor files with the department a statement of claim for the right during the period beginning September 1, 1998, and ending midnight June 30, 1999, using the standard form prescribed by RCW 90.14.051;

    (2) The person or the person's successor has used the water to the full extent stated in the statement of claim during at least each of three of the five years preceding the date the statement is filed and the person attests to having done so on the statement; and

    (3) The person or the person's successor files with the statement of claim evidence that the water described in the claim was used beneficially before January 1, 1993, in the form of any two of the following:

    (a) A statement signed by two persons other than the person filing the statement of claim verifying that the water was beneficially used by the claimant before January 1, 1993, as described in the statement of claim;

    (b) A copy of a dated photograph clearly demonstrating the presence of grass or a crop requiring irrigation in the amounts asserted in the statement of claim or of livestock requiring water in such amounts; or records of receipts of the sale of crops by the person or the person's successor indicating that irrigation in the amount claimed was required to produce the crops;

    (c) Receipts or records of irrigation or stockwatering equipment purchases or repairs associated with the water use specified in the statement of claim;

    (d) Water well construction records identifying the date the well specified in the statement of claim as the point of withdrawal was constructed;

    (e) Records of electricity bills directly associated with the withdrawal of water as specified in the statement of claim;

    (f) Personal records such as photographs, journals, or correspondence indicating the use of water as asserted in the statement of claim.

    A right granted under this section shall not affect or impair in any respect whatsoever a water right existing prior to September 1, 1998.  A right granted under this section shall be junior in every respect to a right with a more senior date of priority.  No right granted under this section may be exercised in a manner that impairs or interferes with a water right that is senior to it.  The filing of a statement of claim under this section does not constitute an adjudication of any claim to the right to the use of waters as between the claimant and the state, or as between one or more water use claimants and another or others.  A statement of claim filed under this section shall be admissible in a general adjudication of water rights as prima facie evidence of the times of use and the quantity of water the claimant was withdrawing or diverting to the same extent as is provided by RCW 90.14.081 for a statement of claim in the water rights claims registry on the effective date of this section.

    The department shall establish a registry of claims for rights conferred under this section.  Statements of claim filed under this section shall be filed in the registry alphabetically, consecutively by date of filing, and by such other manner as the department deems appropriate.

    This section does not apply to ground water withdrawn in an area that is, during the period established by subsection (3) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110 through 90.03.245 and the proceeding applies to ground water rights.  This section does not apply to surface water withdrawn in an area that is, during the period established by subsection (3) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110 through 90.03.245 and the proceeding applies to surface water rights.

    This section does not apply to rights embodied in a water right permit or certificate issued by the department or its predecessors, a water right represented by a claim in the water rights claims registry, created under RCW 90.14.111, prior to September 1, 1998, or a water right exempted from permit and application requirements by RCW 90.44.050.

    This section does not apply to claims for the use of water in a ground water area or subarea for which a management program adopted by the department by rule and in effect on the effective date of this section establishes acreage expansion limitations for the use of ground water.

    Sec. 18.  RCW 90.03.380 and 1997 c 442 s 801 are each amended to read as follows:

    (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used:  PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights.  The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights.  A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right.  For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the most recent five-year period of continuous beneficial use of the water right.  Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280.  If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use.  The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

    (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial or operational integrity of either of the districts.

    (3) A change in place of 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 district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.  The board of directors of an irrigation district may approve such a change if the board determines that the change:  Will not adversely affect the district's ability to deliver water to other landowners; will not require the construction by the district of diversion or drainage facilities unless the board finds that the construction by the district is in the interest of the district; will not impair the financial or operational integrity of the district; and is consistent with the contractual obligations of the district.

    (4) Subsections (1), (2), and (3) of this section do not apply to a transfer or change governed by section 19 of this act.

(5) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

(6) Any right represented by an application for a water right for which a permit for water use has not been issued by the time a transfer or change is approved under this section may not be construed as being injured or detrimentally affected by the transfer or change.

(7) The department may not initiate relinquishment proceedings under chapter 90.14 RCW regarding a water right for which an application for a transfer or change is filed under this section during the period beginning on the date the department receives the application and ending two years after the date the department approves or denies the application.

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

    (1)(a) If a portion of the water governed by a water right is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water-use efficient than those under which the right was perfected, the right to use the surplus water may be changed as provided by subsection (2), (3), (4), or (5) of this section.

    (b) If a portion of the water governed by a water right is made surplus to the beneficial uses exercised under the right through a change in the crops grown under the water right, the right to use the surplus water may be changed as provided by subsection (3) of this section.  This subsection (1)(b) does not apply to water supplied by an irrigation district.

    (c) This section applies only to a change of an agricultural use or portion of an agricultural use of water to an agricultural use of water.

    (2) The use within an irrigation district of water supplied by the district and made surplus as provided in subsection (1)(a) of this section shall be regulated solely as provided by the board of directors of the irrigation district.  Such a use requires the approval of the board of directors of the irrigation district or must otherwise be authorized by the board.  The board may approve or authorize such a use only if the use does not impair the financial or operational integrity of the district.  Water supplied by an irrigation district and made surplus as provided in subsection (1)(a) of this section through actions taken by an individual water user served by the district is not available for use as a matter of right by that individual water user, but may be used by the board for the benefit of the district generally.  The district's board of directors may approve or otherwise authorize under this subsection uses of such surplus water that result in the total irrigated acreage within the district exceeding the irrigated acreage recorded with the department for the district's water right if the board notifies the department of the change in the irrigated acreage within the district.  Except as provided in subsection (5) of this section, such a notification provides a change in the district's water right and, upon receiving the notification, the department shall revise its records for the district's right to reflect the change.

    If an irrigation district is within a federal reclamation project and the district's board of directors approves or otherwise authorizes under this subsection uses of such surplus water that result in the total irrigated acreage within the federal project exceeding the irrigated acreage recorded with the department for the federal project's water right, the board shall notify the department of the change in the irrigated acreage within the federal project.  Except as provided by this subsection and subsection (5) of this section, such a notification provides a change in the federal reclamation project's water right and, upon receiving the notification, the department shall revise its records for the federal project's right to reflect the change except that the total irrigable acreage for a water right for a federal reclamation project may not exceed the total irrigable acreage authorized for the project by the United States and related repayment contracts.

    (3) The right to use water made surplus as provided in subsection (1)(a) or (b) of this section but not supplied by an irrigation district may be changed to use on other parcels of land owned by the holder of the water right that are contiguous to the parcel or parcels of land upon which the use of the water was authorized by the right before such a change.  The holder of the water right shall notify the department of such a change.  Except as provided in subsection (5) of this section, the notification provides a change in the holder's water right and, upon receiving the notification, the department shall revise its records for the water right to reflect the change.

    (4) If a notification is provided to the department under subsection (2) or (3) of this section with regard to water made surplus and subsequently used before the effective date of this section, the change in the water right shall be made without loss of priority of the right.

    (5) If a notification is provided to the department under subsection (2) or (3) of this section with regard to water made surplus and subsequently used, and that use begins after the effective date of this section, the priority date for the use of the water made surplus under this section is the date the notification is filed with the department.  When the department is notified regarding such a use under this subsection (5), the notification does not automatically provide a change in the water right holder's, irrigation district's, or reclamation project's water right.  The department shall issue the holder, district, or project a temporary water use permit for the use.  The term of the permit shall be for fifteen years.  It is presumed that the use of water under the temporary water use permit does not impair or interfere with water rights that are senior to the water right represented by the permit.  However, if at any time within the fifteen-year term of the permit the department determines that the change would impair or interfere with the use of such a senior water right, the department shall notify the holder of the temporary permit and shall file a notice of its decision with the superior court of the county in which the withdrawal of water under the right takes place.  The notice provided by the department shall not stay the use of water under the temporary permit.  The superior court shall review the determination of the department de novo.  In such a review, the burden of proof in overcoming the presumption provided by this subsection is on the department.  The presumption can be overcome only through the application of scientific data supporting the department's determination.  At the conclusion of its review, the superior court shall enter a ruling canceling the temporary permit, modifying the conditions of water use under the permit, or affirming that the use of water under the permit does not interfere with water rights senior to the water rights represented by the permit.  The decision of the superior court may be appealed as provided for other decisions of the court.  If a court's decision modifies the conditions of water use under the permit or affirms that the use of water under the permit does not interfere with senior water rights or if the department does not provide a notice under this subsection within the fifteen-year term of the permit, the use of the water is changed as provided by the temporary permit or the court's decision and the department shall revise its records regarding the right.

    The presumption provided by this subsection does not apply with regard to a claim made by any person with a water right in superior court or on appeal of a decision of the superior court that a temporary permit or change in a water right made under this subsection impairs or interferes with the use of the person's senior water right.

    (6) If a notification is filed with the department regarding the use of water made surplus under subsection (2) or (3) of this section and that use begins after the effective date of this section, the notification shall identify the date that the use of the water made surplus begins.

    (7) The authority provided by this section to change a water right shall not be construed as authorizing the use of a junior water right in a manner that impairs or interferes with the use of a senior water right.

    (8) If a water right changed under this section is a right represented by a statement of claim in the water rights claims registry, the department's obligation to revise its records to reflect the change shall be accomplished by providing an amendment to the statement of claim to reflect the change.

    (9) This section does not apply in an area with an acreage expansion program in effect on the effective date of this section that is an element of a ground water area or subarea management program as provided in RCW 90.44.445.

    (10) Nothing in this section authorizes a change in a water right or a portion of a water right that has not been perfected through beneficial use before the change.

    Sec. 20.  RCW 90.44.100 and 1997 c 316 s 2 are each amended to read as follows:

    (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.

    (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:  (a) The additional or replacement well or wells shall tap the same body of public ground water as the original well or wells; (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) This section does not apply to a transfer or change governed by section 19 of this act.

(5) Any right represented by an application for a water right for which a permit for water use has not been issued by the time an amendment is approved under this section may not be construed as being impaired by the amendment.

(6) The department may not initiate relinquishment proceedings under chapter 90.14 RCW regarding a water right for which an application for an amendment is filed under this section during the period beginning on the date the department receives the application and ending two years after the date the department makes a decision on the application.

(7) 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.

    Sec. 21.  RCW 90.03.290 and 1994 c 264 s 84 are each amended to read as follows:

    When an application complying with the provisions of this chapter and with the rules ((and regulations)) of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied.  If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation.  If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.  If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary.  If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified.  If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.  The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied:  PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes.  But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for.  If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit.  Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application.  In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application.  If the applicant is a public water system that is a party to an existing intertie agreement, the department shall also consider the existence, nature, economics, and terms of the agreement between the intertied public water systems when making a determination on the application for new water rights by the public water system.  After the department approves ((said)) the application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470:  PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance.

This section does not apply to transfers or changes made under section 19 of this act or to applications for transfers or changes made under RCW 90.03.380 or 90.44.100.

    Sec. 22.  RCW 90.44.445 and 1993 c 99 s 1 are each amended to read as follows:

    In any acreage expansion program adopted by the department as an element of a ground water management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years.  After the two-year period, the department may authorize participation for ten-year periods.  The department may authorize participation for ten-year periods for certificate holders who have already participated in an acreage expansion program for two years.  The department may require annual certification that the certificate holder has complied with all requirements of the program.  The department may terminate the authority of a certificate holder to participate in the program for one calendar year if the certificate holder fails to comply with the requirements of the program.

This section applies only in an area with an acreage expansion program in effect on the effective date of this amendatory section that has been adopted by the department as an element of a ground water area or subarea management program.  The provisions of section 19 of this act, RCW 90.03.380, and 90.44.100 apply to transfers, changes, and amendments to permits or rights for the beneficial use of ground water in any other area.

    Sec. 23.  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')) supplying system's 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 requiring new water right applications to and appropriations by the department of ecology.  Interties also include the development of new sources of supply to meet future demands if the water system or systems receiving water through such an intertie make efficient use of existing sources of water supply and the provision of water through such an intertie is consistent with local land use plans.  For this purpose, a system's full compliance with the state department of health's conservation guidelines for such systems is deemed efficient use.  As referred to in this section, changes of points of use for existing water right permits, certificates, or claims are not within the meaning of a development of new sources of supply.

    (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)(a) 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 public water system's 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 or with written approval 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 rights ((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.

(b) An intertie meeting the requirements of this subsection (3) for modifying the place of use description in a water right permit, certificate, or claim may be used to its full design or built capacity within the most recently approved retail or wholesale or retail and wholesale service area, without further approval under this section and without regard to the capacity actually used before January 1, 1991.  Any intertie meeting the requirements of this section, however, must be reviewed, analyzed, and approved by the department of health in collaboration with the department of ecology, and in accordance with coordinated water system plan requirements under chapter 70.116 RCW.  In addition, any intertie meeting the requirements of this subsection must undergo environmental review in accordance with chapter 43.21C RCW.

    (4) Notwithstanding the provisions of RCW 90.03.380 and 90.44.100, exchange, acquisition, or delivery of water through interties approved by the department of health 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)) a supplying 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.  A receiving public water system's use may exceed its water right authorization if the receiving public water system's withdrawal does not exceed the instantaneous or annual withdrawal rate specified in the receiving public water system's water right authorization.  Interties commencing use after January 1, 1991, ((shall not be inconsistent)) must be deemed consistent with regional water resource plans developed pursuant to chapter 90.54 RCW or chapter 90.82 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, and shall determine whether long-term supply is addressed in the intertie agreement between the systems.

    (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.  The department of ecology shall not deny or limit a change of place of use for an intertie on the grounds that the holder of a permit has not yet put all of the water authorized in the permit to beneficial use.  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)) to approve or deny 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.

(10) An intertie shall not be used to deliver a primary or secondary supply of water to a receiving system on a temporary basis unless the terms of the intertie agreement specify the source of the water that will be used by the receiving system to replace the water delivered on the temporary basis and provide that replacement water will be available for delivery to or use by the receiving system before delivery by the supplying system under the agreement is terminated.  However, if a primary or secondary supply of water is delivered to a receiving system on a temporary basis by means of an intertie on the effective date of this subsection and the agreement between the supplying system and receiving system does not contain such provision for such a replacement supply of water for the receiving system, the delivery of the water by the supplying system to the receiving system shall not be terminated until the agreement is modified to establish such provisions and such replacement water is available for delivery to or use by the receiving system.

    Sec. 24.  RCW 90.03.330 and 1987 c 109 s 89 are each amended to read as follows:

(1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by him, and such certificate shall thereupon be recorded with the department.  Any original water right certificate issued, as provided by this chapter, shall be recorded with the department and thereafter, at the expense of the party receiving the same, be by the department transmitted to the county auditor of the county or counties where the distributing system or any part thereof is located, and be recorded in the office of such county auditor, and thereafter be transmitted to the owner thereof.

(2) If a public water system is providing water for municipal supply purposes under a certificated water right, the instantaneous and annual withdrawal rates specified in the certificate are deemed valid and perfected.

(3) If a federal reclamation project is providing water for reclamation purposes under a certificated water right, the instantaneous and annual withdrawal rates specified in the certificate are deemed valid and perfected.

(4) If an irrigation district is providing water for the purposes authorized by chapter 87.03 RCW under a certificated water right, the instantaneous and annual withdrawal rates specified in the certificate are deemed valid and perfected.

(5) Notwithstanding any other provisions of this section, the public water system, federal reclamation project, or irrigation district must demonstrate to the department of ecology in accordance with water system plans and reviews pursuant to chapter 70.119A or 87.03 RCW, that the instantaneous and annual withdrawal rates will be necessary in order to accommodate the needs of its users during the most recent projection for a fifty-year period.

    Sec. 25.  RCW 90.14.140 and 1987 c 125 s 1 are each amended to read as follows:

    (1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:

    (a) Drought, or other unavailability of water;

    (b) Active service in the armed forces of the United States during military crisis;

    (c) Nonvoluntary service in the armed forces of the United States;

    (d) The operation of legal proceedings;

    (e) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas;

(f) An elapse of time occurring while a request or application is processed for transferring or changing a water right;

(g) The implementation of practices or technologies or the installation or repair of facilities, including but not limited to water conveyance practices, technologies, or facilities, that are more efficient or more water use efficient than practices, technologies, or facilities previously used under the water right.

    (2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:

    (a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW, or

    (b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply, or

    (c) If such right is claimed for a determined future development to take place ((either)) at any time within fifteen years of either July 1, 1967, or the most recent beneficial use of the water right, whichever date is later, or

    (d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW, or

    (e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030 as now or hereafter amended.

NEW SECTION. Sec. 26.  Captions used in this act are not part of the law.

NEW SECTION. Sec. 27.  Sections 4 through 12, and 15 of this act are each added to chapter 90.82 RCW.

NEW SECTION. Sec. 28.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

SHB 2514 - H AMD

By Representative Schoessler

    On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.82.005, 90.82.010, 90.82.020, 90.82.040, 90.03.345, 90.03.380, 90.44.100, 90.03.290, 90.44.445, 90.03.383, 90.03.330, and 90.14.140; adding a new section to chapter 34.05 RCW; adding new sections to chapter 90.82 RCW; adding new sections to chapter 90.03 RCW; creating a new section; and declaring an emergency."

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