5276-S AMH AGEC AMH-3007

5276-S AMH AGEC AMH-3007.4

SSB 5276 - H COMM AMD

By Committee on Agriculture & Ecology

ADOPTED AS AMENDED 4/16/97

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that in many basins in the state there is water available on a seasonal basis that is in excess of the needs of either existing water right holders or instream resources. The legislature finds that excess waters often result in significant flooding and damage to public and private resources. Further, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. Further, in some areas of the state additional supplies of water are needed to meet the needs of a growing economy and population. The legislature finds there is a range of alternatives that offset the impacts that should be encouraged including the creation, restoration, enhancement, or enlargement of ponds, wetlands, and reservoirs and the artificial recharge of aquifers.

The purpose of this act is to foster the improvement in the water supplies available to meet the needs of the state. It is the goal of this act to strengthen the state's economy while maintaining and improving the overall quality of the state's environment.

Sec. 2. RCW 90.03.255 and 1996 c 306 s 1 are each amended to read as follows:

The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of ((~~the~~)) any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including((,)) but not limited to((,)) any recharge of ground water that may occur, as a means of making water available or otherwise offsetting the impact of the diversion of surface water proposed in the application for the water right, transfer, or change. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department as a condition for approving an application that does not include such provision ((~~for impoundment~~)).

This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.

Sec. 3. RCW 90.44.055 and 1996 c 306 s 2 are each amended to read as follows:

The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of ((~~the~~)) any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including((,)) but not limited to((,)) any recharge of ground water that may occur, as a means of making water available or otherwise offsetting the impact of the withdrawal of ground water proposed in the application for the water right or amendment in the same water resource inventory area. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not be made by the department as a condition for approving an application that does not include such provision ((~~for impoundment~~)).

This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.

NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:

Upon the request of the applicant, the department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380, take into account the recharge of ground water from septic tanks or other on-site wastewater treatment facilities in an amount not to exceed the proposed use of water for indoor purposes. The department shall, based upon hydrogeologic data for the area in which the application is located, determine the amount of recharge to the aquifer that is likely to occur and factor that amount into the decision it makes on the application. Any water right permit, transfer, or change that is authorized under this section shall be conditioned to state that the water right permit, transfer, or change shall remain in effect only so long as the water use, including the discharge of water used for indoor purposes through a septic tank or other wastewater treatment facility, remains unchanged from that proposed in the original application.

NEW SECTION. Sec. 5. A new section is added to chapter 90.44 RCW to read as follows:

Upon the request of the applicant, the department shall, when evaluating an application for a water right or an amendment to a water right or permit filed pursuant to RCW 90.44.050 or 90.44.100, take into account the recharge of ground water from septic tanks or other on-site wastewater treatment facilities in an amount not to exceed the proposed use of water for indoor purposes. The department shall, based upon hydrogeologic data for the area in which the application is located, determine the amount of recharge to the aquifer that is likely to occur and factor that amount into the decision it makes on the application. Any water right permit or amendment that is authorized under this section shall be conditioned to state that the water right permit or amendment shall remain in effect only so long as the water use, including the discharge of water used for indoor purposes through a septic tank or other wastewater treatment facility, remains unchanged from that proposed in the original application."

Correct the title.

EFFECT: The amendment: (1) limits the applicability of the consideration the DOE is to give to impoundment or any other resource management technique to those applications that include such provision of impoundment or such techniques and rewords the kind of consideration to be given; (2) removes the sections of the bill granting priority processing to certain applications and provide for revisions of applications after permits are conditioned or denied; and (3) gives recharge of ground water from other on-site wastewater treatment facilities the same consideration granted by the substitute senate bill for such recharge from septic tanks.