S-0830.6 _______________________________________________
SENATE BILL 5526
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State of Washington 55th Legislature 1997 Regular Session
By Senators McDonald, Sellar and Anderson
Read first time 01/29/97. Referred to Committee on Agriculture & Environment.
AN ACT Relating to exempting certain diversions of surface waters from the permit process; amending RCW 90.03.250; and adding a new section to chapter 90.03 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 2 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.
NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:
(1) Any diversion of water for municipal purposes from: (a) A river with an annual average flow of at least fifty cubic feet per second if the diversion is made within one mile upstream from the point at which the river begins to mix with saltwater; or (b) a freshwater body with an outlet control facility, if the diversion is made at or within one mile above the outlet control facility, is exempt from the provisions of RCW 90.03.250, and the diversion is entitled to a right equal to that established by a permit issued under the provisions of this chapter.
(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) 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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