BP BHEAD INT S [atlas:bill]

AN ACT Relating to water withdrawals; 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, the impoundment of excess water can be used to provide an additional source of water to offset the impact of withdrawals of ground water on surface water supplies during low flow periods. 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 water impoundment 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 including, but not limited to, any recharge of ground water that may occur. In cases that the department determines 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 allow impoundment and release of surface water, or the recharge of ground water from such impoundment, to offset the impact of the withdrawal of ground water in the same basin or diversion of surface water at a point downstream from the impoundment. Provision for impoundment in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department a condition for approving an application that does not include 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 water impoundment 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 including, but not limited to, any recharge of ground water that may occur. In cases that the department determines 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 allow for impoundment and release of surface water to offset the impact of the withdrawal of ground water in the same basin. Provision for impoundment in an application shall be made solely at the discretion of the applicant and shall not be made by the department a condition for approving an application that does not include 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. 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 were denied permits or who had permits conditioned due to impact on existing water rights or established instream flows may resubmit a revised application that includes a plan for offsetting the impact of the withdrawal within one hundred eighty days of the department's action on the permit application. Applications that are resubmitted 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:

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 equivalent to the proposed use of water for indoor purposes.

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. 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 were denied permits or who had permits conditioned due to impact on existing water rights or established instream flows may resubmit a revised application that includes the option of providing an offset for the impact of the withdrawal within one hundred eighty days of the department's action on the permit application. Applications that are resubmitted 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:

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 equivalent to the proposed use of water for indoor purposes.