S-1264.1 _______________________________________________
SENATE BILL 5658
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Morton, Hale, Deccio, Anderson and Hochstatter
Read first time 02/05/97. Referred to Committee on Agriculture & Environment.
AN ACT Relating to water resources; adding new sections to chapter 90.03 RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.27A RCW; adding a new sections to chapter 90.54 RCW; adding a new section to chapter 90.44 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.03 RCW to read as follows:
Nothing in this title authorizes the department of ecology to withdraw Columbia or Snake river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of these rivers.
NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:
(1) The department of ecology shall not withdraw Columbia or Snake river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of these rivers.
(2) WAC 173-563-015 and 173-564-040 as they existed prior to the effective date of this section are in conflict with subsection (1) of this section and are void.
NEW SECTION. Sec. 3. A new section is added to chapter 43.27A RCW to read as follows:
(1) The department of ecology shall not withdraw Columbia or Snake river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of these rivers.
(2) WAC 173-563-015 and 173-564-040 as they existed prior to the effective date of this section are in conflict with subsection (1) of this section and are void.
NEW SECTION. Sec. 4. A new section is added to chapter 90.54 RCW to read as follows:
(1) The department of ecology shall not withdraw Columbia or Snake river waters from further appropriation based upon uncertainty as to whether sufficient waters would be available, following new appropriations, to satisfy the needs of any unquantified or speculative future instream uses of the waters of these rivers.
(2) WAC 173-563-015 and 173-564-040 as they existed prior to the effective date of this section are in conflict with subsection (1) of this section and are void.
NEW SECTION. Sec. 5. A new section is added to chapter 90.03 RCW to read as follows:
Applications for water rights for municipal or domestic water supply purposes filed pursuant to RCW 90.03.250 for the diversion of surface waters from a river having an average annual flow of sixty million acre feet or more, and for withdrawal of ground water that is in direct hydraulic continuity with such river, and which application is for an annual quantity of less than one one-hundred-thousandth of the average annual flow of the river at the proposed point of diversion, shall be processed within one hundred eighty days of the date that the application is filed or within one hundred eighty days of the effective date of this section, whichever is later.
NEW SECTION. Sec. 6. A new section is added to chapter 90.44 RCW to read as follows:
Applications for water rights for municipal or domestic water supply purposes filed pursuant to RCW 90.44.050 for the diversion of surface waters from a river having an average annual flow of sixty million acre feet or more, and for withdrawal of ground water that is in direct hydraulic continuity with such river, and which application is for an annual quantity of less than one one-hundred-thousandth of the average annual flow of the river at the proposed point of diversion, shall be processed within one hundred eighty days of the date that the application is filed or within one hundred eighty days of the effective date of this section, whichever is later.
NEW SECTION. Sec. 7. A new section is added to chapter 90.54 RCW to read as follows:
Consistent with RCW 90.54.080, the department shall vigorously represent the state's interests in matters relating to water resource allocation and management. The department shall not adopt administrative rules that apply to the diversion or withdrawal of water from the main stem of the Snake river that are more restrictive than laws enacted or adopted by other adjacent states pertaining to the withdrawal or diversion from the main stem of the Snake river for the same type of use.
NEW SECTION. Sec. 8. Sections 5 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
--- END ---