5526-S AMH AGEC H3095.1
SSB 5526 - H COMM AMD
By Committee on Agriculture & Ecology
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.03.250 and 1987 c 109 s 83 are each amended to read as follows:
Any
person, municipal corporation, firm, irrigation district, association,
corporation, or water users' association hereafter desiring to
appropriate water for a beneficial use shall make an application to the
department for a permit to make such appropriation, and shall not use or divert
such waters until ((he)) the entity has received a permit from
the department as provided in this chapter ((provided)),
except for diversions authorized under section 3 of this act. The
construction of any ditch, canal, or works, or performing any work in
connection with ((said)) the construction or appropriation, or
the use of any waters, shall not be an appropriation of such water nor an act
for the purpose of appropriating water unless a permit to make ((said)) the
appropriation has first been granted by the department((: PROVIDED, That)).
However, a temporary permit may be granted upon a proper showing made to
the department to be valid only during the pendency of such application for a
permit unless sooner revoked by the department((: PROVIDED,)).
Further, ((That)) nothing in this chapter ((contained))
shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the
notice and certificate therein provided for in RCW 90.40.030 shall be addressed
to the department, and the department shall exercise the powers and perform the
duties prescribed by RCW 90.40.030.
Sec. 2. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:
The right acquired by appropriation shall relate back to the date of filing of the original application with the department, or to the date construction of the diversion works is begun for a municipal use under section 3 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:
(1) Any diversion of water for municipal purposes made under the authority of this section is exempt from the application and permit requirements of RCW 90.03.250 if the diversion is from a river with an instantaneous minimum flow of at least fifty cubic feet per second, measured at the point of diversion, and is made within one mile upstream from the point at which the river begins to mix with saltwater. The diversion is entitled to a right 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.
(2) For diversions from a river under this section, no single diverter may put to beneficial use more than ten percent of the instantaneous flow of the river in the specific area of the diversion, and in no event may the combined diversions exceed thirty percent of the instantaneous flow of the river in the specific area of the diversion.
(3) For diversions from a freshwater body under this section, no single diverter may put to beneficial use more than ten percent of the annual average inflow to the impounded body, and in no event may the combined diversions exceed thirty percent of the annual average inflow to the impounded body.
(4) A person seeking to divert water under the provisions of this section must notify the department in writing of the intent to divert water, the location of the point of diversion, and the amount of water to be diverted."
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