5526-S AMH CHAN H3208

5526-S AMH CHAN H3208.2

SSB 5526 - H AMD 572

By Representative Chandler

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 beneficial 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) 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 in two pilot study areas as provided by this section.

(2) A diversion of water for beneficial use made as authorized by this section from the Snohomish river 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. A diversion of water for beneficial use 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. A diversion is authorized under this subsection if prior notification is provided to 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 from the Snohomish river under 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. In no event may the combined diversions of all persons diverting water from the river under this section exceed thirty 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. Up to this thirty percent limit, the authority to divert water is on a first-come, first-served basis as determined by the date construction of the diversion works is begun and by the volume of water the works being constructed are designed to divert.

(4) In no event may the combined diversions of all persons diverting water from the navigation locks under this section exceed thirty percent of the annual average inflow to Lake Washington. Up to this thirty percent limit, the authority granted by this section to divert water is on a first-come, first-served basis as determined by the date construction of the diversion works is begun and by the volume of water the works being constructed are designed to divert.

(5) Before a person diverts water 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 department shall compile the information provided under this section for diversions from the Snohomish river and shall compile the information provided under this section for diversions from the locks and shall make this information readily available upon request.

(6) 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."

Correct the title.