5526-S AMH CHAN H3249

5526-S AMH CHAN H3249.3

SSB 5526 - H AMD TO H AMD (5526-S AMH CHAN H3208.2) 622

By Representative Chandler

Beginning on page 2, line 1 of the amendment, strike all of section 3 and insert the following:

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

(1) The legislature finds that increased demand for water supplies in the state requires the state to manage its water resources wisely and that such wise management includes examining innovative policies for maximizing use while minimizing the impact of that use. The legislature declares that one such innovative policy is allowing the withdrawal of freshwater from streams or lakes just before the water would otherwise mix with marine water. To permit the state to evaluate adequately such a policy, the legislature authorizes as an exemption from the normal permitting process such uses for two pilot projects as provided by this section.

(2)(a) A diversion of water for municipal purposes made as authorized by this section from a river with an instantaneous minimum flow of at least fifty cubic feet per second, measured at the point of diversion is exempt from the application and permit requirements of RCW 90.03.250 through 90.03.320 if the diversion is made within one mile upstream from the point at which the freshwater of the river begins to mix with saltwater. Such a diversion is subject to all other applicable state law.

(b) A diversion of water for municipal purposes made as authorized by this section from the navigation locks at the outlet control facility for the outflow of water to saltwater from Lake Washington and Lake Union is exempt from the application and permit requirements of RCW 90.03.250 through 90.03.320 but is subject to all other applicable state law.

(c) A diversion is authorized under this subsection if prior notification is provided to the department and confirmation is provided by the department as required under subsection (5) of this section and the water diverted is not in excess of the applicable limitations established in subsections (3) and (4) of this section. The right for the diversion established under this section is equal to that established by a permit issued under the provisions of this chapter, and is subject to minimum water flows or levels established by rule.

(3) For diversions made under subsection (2)(a) of this section, no single diverter may divert more than ten percent of the instantaneous flow of the river in the specific area of the diversion, as such a flow would exist in the absence of diversions made under this section.

(4) The total amount of water diverted under subsection (2)(b) of this section shall be not more than ninety percent of the amount released by the operation of the navigation locks.

(5) Before a diversion of water is made under this section, the person shall notify the department in writing of the intent to divert water, the location of the point of diversion, and the annual and instantaneous amount of water to be diverted. The first two project notifications received shall be provided the exemption from water right permit processing under subsection (2) of this section. Upon receipt of the two notifications, the department shall provide a letter to the person proposing the diversion confirming that the project is one of the two pilot projects. No proposed diversion may begin until the project applicant has received such a confirmation letter from the department.

(6) No diversion under this section may impair any existing water right downstream from the point of diversion unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right. It is the duty of the potential diverter to ensure that the conditions of this subsection are met.

(7) The department shall compile the information provided under this section for diversions and shall make information available upon request. The department shall evaluate the effects and effectiveness of diversions made under this section and shall report its findings to the appropriate committees of the legislature by January 1, 2002."