S-2224

AN ACT Relating to water withdrawals and diversions; amending RCW 90.03.255 and 90.44.055; adding new sections to chapter 90.03 RCW; adding new sections to chapter 90.44 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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~~)), take into consideration the benefits 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. Including cases where the department determines that water from the proposed source may be unavailable for appropriation, or that the proposed diversion of surface water would cause impairment of an existing water right including an instream flow established under chapter 90.22 or 90.54 RCW, the department shall take into consideration the impoundment and release of water, the recharge of ground water from such impoundment, or other resource management technique as a means to offset the impact of the diversion of surface water. 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~~)), take into consideration the benefits 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. Including cases where the department determines that water from the proposed source may be unavailable for appropriation, or that the proposed appropriation of ground water would cause impairment of an existing water right including an instream flow established under chapter 90.22 or 90.54 RCW, the department shall take into consideration the impoundment and release of water, the recharge of ground water from such impoundment, or other resource management technique as a means to offset the impact of the withdrawal of ground water 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:

(1) The department may place a priority on processing applications for water rights filed pursuant to RCW 90.03.250 or 90.03.380 that include a means of offsetting the impact of the diversion or otherwise constitutes a nonconsumptive use of water. However, this section does not modify the priority date of a permit issued under the authority of this chapter or chapter 90.44 RCW.

(2) Applicants who are denied permits or who have permits conditioned due to impact on existing water rights or established instream flows may submit a revised application for reconsideration by the department that includes a means to offset the impact of the diversion, provided that the revised application is submitted within the same time period as that specified for the filing of an appeal as prescribed by RCW 43.21B.310. Revised applications that are submitted for reconsideration by the department under this section retain the same date of priority as the original application.

NEW SECTION. Sec. 5. 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 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, remains unchanged from that proposed in the original application.

NEW SECTION. Sec. 6. A new section is added to chapter 90.44 RCW to read as follows:

(1) The department may place a priority on processing applications for water rights filed pursuant to RCW 90.44.050 or 90.44.100 that include provisions to offset the impact of the withdrawal or otherwise constitutes a nonconsumptive use of water. However, this section does not modify the priority date of a permit issued under the authority of this chapter or chapter 90.03 RCW.

(2) Applicants who are denied permits or who have permits conditioned due to impact on existing water rights or established instream flows may submit a revised application for reconsideration by the department that includes a means to offset the impact of the withdrawal, provided that the revised application is submitted within the same time period as that specified for the filing of an appeal as prescribed by RCW 43.21B.310. Revised applications that are submitted for reconsideration by the department under this section retain the same date of priority as the original application.

NEW SECTION. Sec. 7. 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, transfer, or change filed pursuant to RCW 90.44.050 or 90.44.100, take into account the recharge of ground water from septic tanks 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, remains unchanged from that proposed in the original application.