H-3538.1 _______________________________________________
HOUSE BILL 2304
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Chandler, Huff, Kastama, Bush, McDonald and Sullivan
Prefiled 12/24/97. Read first time 01/12/98. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to water rights; and amending RCW 90.14.140 and 90.44.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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.
(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 within fifteen years of 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((,)). For purposes of this subsection (2)(d),
"municipal water supply purposes" means those public water system
rights certificated, permitted, or authorized by the department to public water
systems that are both (i) granted an operating permit under RCW 70.119A.100 by
the department of health or approved by a local county health agency, and (ii)
expanding public water systems with approved water system comprehensive plans
under RCW 43.20.050 and rules adopted under RCW 43.20.050; or
(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030 as now or hereafter amended.
Sec. 2. RCW 90.44.080 and 1987 c 109 s 111 are each amended to read as follows:
(1)
Upon a showing to the department that construction has been completed in
compliance with the terms of any permit issued under the provisions of this
chapter, it shall be the duty of the department to issue to the permittee a
certificate of ground water right stating that the appropriation has been
perfected under such permit: PROVIDED, HOWEVER, That such showing shall
include the following information: (((1))) (a) The location of
each well or other means of withdrawal constructed under the permit, both with
respect to official land surveys and in terms of distance and direction to any
preexisting well or wells or works constructed under an earlier permit or
approved declaration of a vested right, provided the distance to such
pre-existing well or works is not more than a quarter of a mile; (((2)))
(b) the depth and diameter of each well or the depth and general
specifications of any other works constructed under the terms of the permit; (((3)))
(c) the thickness in feet and the physical character of each bed,
stratum, or formation penetrated by each well; (((4))) (d) the
length and position, in feet below the land surface, and the commercial
specifications of all casing, also of each screen or perforated zone in the
casing of each well constructed; (((5))) (e) the tested capacity
of each well in gallons a minute, as determined by measuring the discharge of
the pump or pumps after continuous operation for at least four hours or, in the
case of a flowing well, by measuring the natural flow at the land surface; (((6)))
(f) for each nonflowing well, the depth to the static ground water level
as measured in feet below the land surface immediately before the well-capacity
test herein provided, also the draw-down of the water level, in feet, at the
end of said well-capacity test; (((7))) (g) for each flowing
well, the shut-in pressure measured in feet above the land surface or in pounds
per square inch at the land surface; and (((8))) (h) such
additional factual information as reasonably may be required by the department
to establish compliance with the terms of the permit and with the provisions of
this chapter.
(2) The well driller or other constructor of works for the withdrawal of public ground waters shall be obligated to furnish the permittee a certified record of the factual information necessary to show compliance with the provisions of this section.
(3) Certificated or permitted appropriations for municipal water supply purposes as defined in RCW 90.14.140(2)(d) are perfected to the full certificated or permitted withdrawal rates.
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