BP BHEAD INT S [atlas:bill]

AN ACT Relating to the processing of water rights; amending RCW 90.03.340, 90.03.270, 90.03.280, 90.03.290, 90.03.320, 90.03.380, 90.03.390, 90.44.100, 90.03.260, 90.44.060, 90.03.250, 90.03.470, 89.30.001, and 90.40.090; adding new sections to chapter 43.21B RCW; adding new sections to chapter 90.03 RCW; creating a new section; and repealing RCW 90.03.471.

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

Sec. 1. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:

After January 1, 1998, the priority date of the right acquired by appropriation ((~~shall relate back to~~)) is the date ((~~of filing of~~)) the ((~~original~~)) completed application form for the right is filed with the department. For the purposes of this section and RCW 90.03.270, a completed application form is one that contains all of the information requested on the form and is accompanied by the application fee.

Sec. 2. RCW 90.03.270 and 1987 c 109 s 85 are each amended to read as follows:

Upon receipt of ((an)) a completed water right application form, it shall be the duty of the department to ((~~make an endorsement thereon of the~~)) date ((~~of its receipt,~~)) stamp and ((to)) keep a record of ((~~same~~)) it. If ((~~upon examination,~~)) an application form is filed with the department but the information requested on the application form is ((~~found to be defective,~~)) not complete or the form is not accompanied by the proper application fee, the form and any application fee filed with it shall be returned to the applicant ((~~for correction or completion,~~)) and the date and the reasons for the return thereof shall be ((endorsed thereon and made a record in his office. No application shall lose its priority of filing on account of such defects, provided acceptable maps, drawings and such data as is required by the department shall be filed with the department within such reasonable time as it shall require)) noted in the department's records and in a letter returning the form. The department may not require an applicant to provide information in support of an application for a water right permit that is not directly necessary for the department's investigations, determinations, or findings regarding that particular application.

Sec. 3. RCW 90.03.280 and 1994 c 264 s 83 are each amended to read as follows:

((~~Upon receipt of a proper application,~~)) The department shall instruct the applicant to publish notice ((~~thereof~~)) in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion or withdrawal, and use is to be made, and in such other newspapers as the department may direct, once a week for two consecutive weeks. The notice must include information pertinent to the proposed appropriation, including the location, the source, the purpose or purposes of use, and the quantity proposed to be diverted or withdrawn. The notice must state that persons wishing to protest the proposed application must do so in writing to the department within thirty days of the last date of publication of the notice. In order to be considered by the department, a protest must be received by the department within thirty days of the last date of publication of the notice. Upon receipt by the department of an application it shall send notice thereof containing pertinent information to the director of fish and wildlife.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21B RCW to read as follows:

In a proceeding before the pollution control hearings board challenging a decision of the department related to the issuance, conditioning, transfer, amendment, or denial of a water right permit under Title 90 RCW, the burden of proof is on the person filing the appeal.

NEW SECTION. Sec. 5. A new section is added to chapter 43.21B RCW to read as follows:

Only a person with standing as defined in RCW 34.05.530 may appeal to the pollution control hearings board a decision of the department to issue, condition, transfer, amend, or deny a water right under Title 90 RCW.

NEW SECTION. Sec. 6. A new section is added to chapter 43.21B RCW to read as follows:

If the department proposes to issue a water right permit or transfer or change authorization under Title 90 RCW and:

(1) The decision of the department is appealed to the pollution control hearings board within thirty days of the date of filing;

(2) The hearings board upholds the department's decision; and

(3) An appeal for judicial review of the hearings board decision is filed under chapter 34.05 RCW,

the applicant for the water right may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction and operation may begin under the water right permit or authorization. If at the conclusion of the hearing the court finds that construction and operation under the permit or authorization would not involve a significant damaging of the environment or impair existing water rights, the court may allow the permittee to begin construction and operation under the permit or authorization as the court deems appropriate. The court may require the permittee to post bonds, in the name of the department, sufficient to remove the construction or to restore the environment if the permit or authorization is ultimately disapproved by the courts, or to alter the construction or operation if the alteration is ultimately ordered by the courts. In the hearing before the court, the burden of proving whether the construction or operation might involve significant damage to the environment or impair existing water rights and demonstrating whether the construction would or would not be appropriate is on the appellant.

NEW SECTION. Sec. 7. A new section is added to chapter 43.21B RCW to read as follows:

One member of the pollution control hearings board may hear and render a decision on an appeal from a water right applicant regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.

NEW SECTION. Sec. 8. A water right applicant may appeal to the pollution control hearings board a determination by the department regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.

NEW SECTION. Sec. 9. (1) The department shall develop a general permit system for appropriating water for nonconsumptive, nonbypass uses and a general permit system for appropriating marine waters for use on upland sites. These systems must be designed and used to streamline the consideration of applications for nonconsumptive, nonbypass water uses and marine water uses that by their nature do not raise issues regarding water availability or the impairment of other water rights. The evaluation and report required for an application under RCW 90.03.290 are not required for applications processed under the general permit system. For the purposes of this section:

(a) "Nonconsumptive, nonbypass use" means a use of water in which water is diverted from a stream or withdrawn from an aquifer and following its use is discharged, as determined by the department, back to or very near the point of diversion or withdrawal without diminishment in quantity or quality;

(b) "Without diminishment of quality" means that, before being discharged back to its source, the water being discharged meets state water quality standards adopted under chapter 90.48 RCW; and

(2) The department shall establish the general permit systems by adopting rules in accordance with chapter 34.05 RCW. Before the adoption of rules for a system, at least four public hearings must be held at various locations around the state. The hearings on the general permit system for marine water use must be held in appropriate coastal communities. The rules must identify criteria for proposed uses of water for which applications might be processed under each system and must establish procedures for filing and processing applications under the general permit systems.

NEW SECTION. Sec. 10. An application for appropriating water under a general permit system established under section 9 of this act must be made on a form adopted and provided by the department. Within sixty days of the publication of a notice for the application in accordance with RCW 90.03.280, the department shall determine whether the proposed use is eligible to be processed under the general permit system. If the department determines that the proposed use is eligible to be processed under the system, the application must be processed under it. If the department determines that the proposed use is not eligible for the processing, the department shall explain to the applicant in writing the reasons for its determination. For a proposed use determined ineligible for the processing, if the department finds that the information contained on the application form substantially satisfies the information requirements for an application for a use that would normally be filed for processing the application outside of the general permit system, the department shall notify the applicant of its finding and shall process the application as if it were filed for processing outside of the system. If the department finds that the information does not substantially satisfy the requirements, the application must be considered to be incomplete for the processing and the applicant must be notified of this consideration.

Sec. 11. RCW 90.03.290 and 1994 c 264 s 84 are each amended to read as follows:

(1) When an application complying with the provisions of this chapter and with the rules ((~~and regulations~~)) of the department has been filed, the ((~~same~~)) application shall be placed on record with the department, and it shall be ((~~its~~)) the department's duty to ((~~investigate the application, and~~)) determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied.

The department shall investigate the application. It is the duty of the applicant to provide a completed application form. In addition to providing the information requested on the form, however, the applicant shall also provide such information as may be required for the department's investigation, determinations, and findings regarding the application and may provide additional information. The information provided by the applicant must satisfy the protocols, that is, study plans and criteria, established by the department for obtaining and providing the information. If an applicant provides the information and the protocols set by the department for obtaining and providing it have been satisfied, the department shall review the information and may take actions to verify that the information is accurate, but it may not, except to replace inaccurate information, take actions that would constitute obtaining major portions of the information anew.

(2) With regard to an application:

(a) If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation.

(b) If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.

(3) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.

(4) The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for. If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470 or section 23 of this act: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance.

Sec. 12. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:

(1) Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause be not shown, said permit shall be canceled.

(2) For the purposes of this section, "good cause" includes but is not limited to the following circumstances:

(a) Active service in the armed forces of the United States during a military crisis;

(b) Nonvoluntary service in the armed forces of the United States;

(d) Delays in securing other permits necessary to proceed with the development;

(e) A single transfer in ownership of the property;

(f) Encountering unanticipated physical impediments to construction; and

(g) Encountering generally depressed economic conditions.

Sec. 13. RCW 90.03.380 and 1996 c 320 s 19 are each amended to read as follows:

(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used((~~: PROVIDED, HOWEVER, That said~~)). However, all or a portion of a water right may be transferred to another ((~~or to others~~)) person or persons and become appurtenant to any other land or place of use without loss of priority of right ((~~theretofore established~~)) if ((~~such change~~)) the transfer can be made without detriment or injury to existing rights.

(2) The point of diversion or withdrawal of water for beneficial use or the purpose of use under an existing water right or permit may be changed((,)) if ((~~such~~)) the change or changes can be made without detriment or injury to existing water rights.

The season of use under an existing water right or permit may be changed if the change involves the same general category of water use and the change can be made without detriment or injury to existing water rights. An example of a general category of water use for the purposes of this subsection, but not a limit to the categories, is an agricultural use of water.

(3) The source of water for an existing water right or permit may be changed from a surface water diversion to a ground water withdrawal or vice versa if the two sources are in direct hydraulic continuity and if the change can be made without detriment or injury to existing water rights.

(4) The right embodied in a permit for water that has not yet been put to beneficial use may be transferred or changed. For a certificate, only the amount of water that has been beneficially used in accordance with the laws of the state may be transferred or changed. Excess quantities must be relinquished as provided under chapter 90.14 RCW. If a water right permit or certificate is transferred or changed, the amount diverted or withdrawn for beneficial use may not be enlarged as to annual quantity. This subsection shall not apply to municipal water uses.

(5) Before any transfer of ((~~such~~)) a water right ((~~to use water or change of the point of diversion of water or change of purpose of use~~)) or permit can be made, any person having an interest in the transfer or change((,)) shall file a written application ((~~therefor~~)) with the department((~~, and said application~~)) on a form adopted and provided by the department.

(6) A person proposing to relocate a point of diversion of surface water is not required to file an application if the diversion point is moved no more than one-quarter mile from its original location, no diversions exist between the original point of diversion and the new point of diversion, and no other water rights will be impaired. At least fifteen days before construction of a replacement diversion point, the water right holder shall inform the department in writing of the intention to move the diversion point and shall submit documentation that the change is in compliance with RCW 75.20.100 or 75.20.103.

(7) Authorization for the requested transfer or change shall not be granted until notice of ((~~said~~)) the application ((~~shall be~~)) has been published as provided in RCW 90.03.280.

(8) If it ((~~shall~~)) appears that ((~~such~~)) the transfer or ((~~such~~)) change may be made without injury or detriment to existing rights, the department shall issue to the applicant an authorization to proceed with the transfer or change. The department may include in its authorization necessary conditions or limitations under which the transfer or change may be made, including a reasonable time for completion. The time may be extended upon request and a showing of good cause in accordance with RCW 90.03.320 and 90.03.470. If the person authorized to make a transfer or change of right fails to do so within the time allowed, including extensions granted for good cause, the department shall cancel the authorization and the water right or permit reverts to its original form and substance.

(9) If the department determines that the proposed transfer or change may periodically operate to impair an existing right, the department's authorization may be made contingent on the proponent's willingness to subordinate the use to the potentially impaired right or rights and the authorization must be so conditioned.

(10) The person authorized to make the transfer or change shall notify the department upon completion of the transfer or change. After verifying that the transfer or change has been completed in accordance with the authorization, the department shall issue to those persons having an interest in the resulting water right or rights a certificate, certificate of change, or superceding certificate, as appropriate, in duplicate ((~~granting~~)) that reflects the nature of the water right ((~~for such transfer~~)) or rights transferred or ((~~for such change of point of diversion or of use~~)) changed. The certificate or certificates so issued ((~~shall~~)) must be filed and be made a record with the department and the duplicate certificate issued to the applicant ((~~may~~)) must be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

Sec. 14. RCW 90.03.390 and 1991 c 350 s 3 are each amended to read as follows:

((~~RCW 90.03.380 shall not be construed to prevent~~)) (1) A water ((~~users from making~~)) right holder may make a seasonal or temporary change of ((~~point of diversion or place of use of water~~)) a water right when ((~~such~~)) the change can be made without detriment to existing rights, but in no case shall such change be made without the permission of ((~~the water master of the district in which such proposed change is located, or of~~)) the department. Nor shall RCW 90.03.380 be construed to prevent construction of emergency interties between public water systems to permit exchange of water during short-term emergency situations, or rotation in the use of water for bringing about a more economical use of the available supply, provided however, that the department of health in consultation with the department of ecology shall adopt rules or develop written guidelines setting forth standards for determining when a short-term emergency exists and the circumstances in which emergency interties are permitted. The rules or guidelines shall be consistent with the procedures established in RCW 43.83B.400 through 43.83B.420. Water users owning lands to which water rights are attached may rotate in the use of water to which they are collectively entitled, or an individual water user having lands to which are attached water rights of a different priority, may in like manner rotate in use when ((~~such~~)) rotation can be made without detriment to other existing water rights, and has the approval of the ((~~water master or~~)) department.

(2) A person or persons wishing to make a seasonal or temporary change or to rotate use in the manner provided in this section must file an application with the department on a form adopted and provided by the department. The department shall waive the notice provisions of RCW 90.03.280 unless it has reason to believe that fish habitat or the water rights of other persons are likely to be affected by the proposed change. The department shall respond to the request by letter setting forth its approval or denial, including the reason for denial. The department shall retain a record of its decision as part of the records of the water right or rights being changed. To the extent practicable, the department shall expedite its consideration of requests under this section.

Sec. 15. RCW 90.44.100 and 1987 c 109 s 113 are each amended to read as follows:

((After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing his priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or he may change the manner or the place of use of the water: PROVIDED, HOWEVER, That such amendment shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that:)) (1) ((~~The~~)) A ground water permit or certificate may be transferred or changed in the manner provided in RCW 90.03.380 if: (a) Any additional or substitute well or wells shall tap the same body of public ground water as the original well or wells; ((~~(2)~~)) (b) use of the original well or wells shall be discontinued upon construction of the substitute well or wells; ((~~(3)~~)) (c) the construction of an additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and ((~~(4)~~)) (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.

(2) Authorization from the department is not required for construction of a replacement well of the same size, depth, and capacity that will tap the same aquifer as the original well if the new well is within one-quarter mile of the original well and if the well being replaced is properly decommissioned in accordance with chapter 18.104 RCW. The well owner shall notify the department in writing of the intent to replace the original well and to describe the change in location.

Sec. 16. RCW 90.03.260 and 1987 c 109 s 84 are each amended to read as follows:

((Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work, the time within which the completion of the construction and the time for the complete application of the water to the proposed use. If for agricultural purposes, it shall give the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied. If for construction of a reservoir, it shall give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters. If for municipal water supply, it shall give the present population to be served, and, as near as may be, the future requirement of the municipality. If for mining purposes, it shall give the nature of the mines to be served and the method of supplying and utilizing the water; also their location by legal subdivisions. All applications shall be accompanied by such maps and drawings, in duplicate, and such other data, as may be required by the department, and such accompanying data shall be considered as a part of the application.)) The department shall adopt rules in accordance with chapter 34.05 RCW by January 1, 1998, that specify the contents of completed water right application forms. The rules must include specific timelines for the department to follow in making a determination as to whether an application is complete and notifying the applicant of its determination. The rules must also identify the kinds of inaccuracies that render an application incomplete.

Sec. 17. RCW 90.44.060 and 1987 c 109 s 109 are each amended to read as follows:

Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, the provisions of which sections are hereby extended to govern and to apply to ground water, or ground water right certificates and to all permits that shall be issued pursuant to such applications, and the rights to the withdrawal of ground water acquired thereby shall be governed by RCW 90.03.250 through 90.03.340, inclusive((: PROVIDED, That each application to withdraw public ground water by means of a well or wells shall set forth the following additional information: (1) the name and post office address of the applicant; (2) the name and post office address of the owner of the land on which such well or wells or works will be located; (3) the location of the proposed well or wells or other works for the proposed withdrawal; (4) the ground water area, sub-area, or zone from which withdrawal is proposed, provided the department has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5) the amount of water proposed to be withdrawn, in gallons a minute and in acre feet a year, or millions of gallons a year; (6) the depth and type of construction proposed for the well or wells or other works: AND PROVIDED FURTHER, That)). The department shall adopt rules in accordance with chapter 34.05 RCW by January 1, 1998, that specify the contents of completed water right application forms. The rules must include specific timelines for the department to follow in making a determination as to whether an application is complete and notifying the applicant of its determination. The rules must also identify the kinds of inaccuracies that render an application incomplete. Any permit issued pursuant to an application for constructing a well or wells to withdraw public ground water may specify an approved type and manner of construction for the purposes of preventing waste of said public waters and of conserving their head.

Sec. 18. 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 has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said 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 appropriation has first been granted by the department: PROVIDED, That 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.

The department shall encourage the filing of a consolidated application for a complex project under a single ownership that proposes to divert or withdraw water from more than one source, including a combination of surface and ground water sources. The filing of a consolidated application for transfer or change of one or more water rights involving multiple sources must also be encouraged if all of the affected diversions or withdrawals are intended to serve a single project with a single ownership. The department shall adopt and provide forms for consolidated applications.

NEW SECTION. Sec. 19. (1) Future de minimis appropriations of surface water may be developed under streamlined procedures if the department has adopted a reservation of water for such uses under RCW 90.54.050.

(2) For purposes of this chapter, "de minimis appropriation" means diversion and use of surface water in an amount not exceeding four hundred fifty gallons per day and not exceeding an instantaneous diversion rate of two one-hundredths cubic feet per second.

(3) Applications for appropriating water under this section must be made on a form adopted and provided by the department. Within sixty days of the publication of a notice in accordance with RCW 90.03.280, the department shall issue or deny a permit for the requested appropriation. If the department denies the application, it shall explain its determination in writing.

(4) The department shall waive the evaluation and report requirements of RCW 90.03.290 if during the establishment of the reservation it was conclusively determined that water is available and that no impairment of existing water rights or the public interest will occur.

(5) This section may not be utilized in areas that are within urban growth areas as designated under RCW 36.70A.110 or within the service areas of an existing public water system as defined in RCW 70.119A.020 that has an available water supply.

(6) The department shall develop, in cooperation with the department of health, informational materials regarding the risks of drinking untreated surface water. This informational material may be provided to prospective applicants. The department shall attach the informational materials to any permit that is approved under subsection (3) of this section.

NEW SECTION. Sec. 20. (1) The department may authorize short-term uses of water without publication of the notice required under RCW 90.03.280 and without the report required under RCW 90.03.290. However, before approving a short-term use, the department shall determine to its satisfaction that the substantive criteria in RCW 90.03.290 are met and that a stream affected by a short-term use will be retained with sufficient flows to maintain instream uses and to protect existing water rights. The department shall adopt and provide application forms for persons applying for a short-term use and shall expedite its consideration of short-term use requests to the extent practicable.

(2) For the purposes of this chapter, "short-term use" means a use of water that will not exceed one year in duration. Short-term uses include but are not limited to use in construction, dust control, dewatering, and short-term planned fire suppression activities.

NEW SECTION. Sec. 21. The department shall establish a register that identifies, by water resource inventory area, applications for new water rights and applications for water right transfers and changes. The applications appearing in the register must be limited to those requesting a new appropriation or change or transfer of more than three cubic feet per second of water. The register must identify: The location of the proposed use, change, or transfer; whether the application is for surface or ground water; and, for surface water applications, the water source. The department shall produce the register once every two weeks and shall make the register available to interested parties for a fee that is based on the cost of producing and mailing the register. One year after the effective date of this section, the department may cease production of the register if the number of requests for the register are not adequate to cover the costs of producing and mailing it.

Sec. 22. RCW 90.03.470 and 1993 c 495 s 2 are each amended to read as follows:

((~~Except as otherwise provided in subsection (15) of this section,~~)) The following fees shall be collected by the department ((~~in advance~~)):

(1) ((For the examination of an application for permit to appropriate water or on application to change point of diversion, withdrawal, purpose or place of use, a minimum of ten dollars, to be paid with the application. For each second foot between one and five hundred second feet, two dollars per second foot; for each second foot between five hundred and two thousand second feet, fifty cents per second foot; and for each second foot in excess thereof, twenty cents per second foot. For each acre foot of storage up to and including one hundred thousand acre feet, one cent per acre foot, and for each acre foot in excess thereof, one-fifth cent per acre foot. The ten dollar fee payable with the application shall be a credit to that amount whenever the fee for direct diversion or storage totals more than ten dollars under the above schedule and in such case the further fee due shall be the total computed amount less ten dollars.

Within five days from receipt of an application the department shall notify the applicant by registered mail of any additional fees due under the above schedule and any additional fees shall be paid to and received by the department within thirty days from the date of filing the application, or the application shall be rejected.

(2) For filing and recording a permit to appropriate water for irrigation purposes, forty cents per acre for each acre to be irrigated up to and including one hundred acres, and twenty cents per acre for each acre in excess of one hundred acres up to and including one thousand acres, and ten cents for each acre in excess of one thousand acres; and also twenty cents for each theoretical horsepower up to and including one thousand horsepower, and four cents for each theoretical horsepower in excess of one thousand horsepower, but in no instance shall the minimum fee for filing and recording a permit to appropriate water be less than five dollars. For all other beneficial purposes the fee shall be twice the amount of the examination fee except that for individual household and domestic use, which may include water for irrigation of a family garden, the fee shall be five dollars.

~~(3) For filing and recording any other water right instrument, four dollars for the first hundred words and forty cents for each additional hundred words or fraction thereof.~~

(4) For making a copy of any document recorded or filed in his office, forty cents for each hundred words or fraction thereof, but when the amount exceeds twenty dollars, only the actual cost in excess of that amount shall be charged.

~~(5) For certifying to copies, documents, records or maps, two dollars for each certification.~~

~~(6) For blueprint copies of a map or drawing, or, for such other work of a similar nature as may be required of the department, at actual cost of the work.~~

~~(7)~~)) For granting each extension of time for beginning construction work under a permit to appropriate water((~~, an amount equal to one-half of the filing and recording fee, except that the minimum fee shall be not less than five dollars for each year that an extension is granted,~~)) and for granting an extension of time for completion of construction work or for completing application of water to a beneficial use, ((~~five~~)) one hundred dollars ((~~for each year that an extension is granted~~)).

((~~(8)~~)) (2) For the inspection of any hydraulic works to insure safety to life and property, the actual cost of the inspection, including the expense incident thereto.

((~~(9)~~)) (3) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, a minimum fee of ((~~ten~~)) fifty dollars, or the actual cost.

((~~(10)~~)) (4) For recording an assignment either of a permit to appropriate water or of an application for such a permit, a fee of ((~~five~~)) one hundred dollars.

((~~(11) For preparing and issuing all water right certificates, five dollars.~~

~~(12)~~)) (5) For filing and recording a protest against granting any application, ((~~two~~)) fifty dollars.

(((13) The department shall provide timely notification by certified mail with return receipt requested to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within sixty days of the department's notification shall be grounds for rejecting the application or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.

~~(14)~~)) (6) For filing an application for and authorizing a seasonal change or rotation, one hundred dollars.

(7) For filing an application for and authorizing a temporary or short‑term water use, one hundred dollars.

(8) For a consolidated application covering multiple sources or changes:

(a) The filing fee must be based upon either the total amount of water or the total number of changes requested, or both;

(b) The examination fee is the total of the examination fees calculated for the individual applications and changes; and

(c) The certificate fee is as is appropriate for the individual certificates, since separate permits would issue and, therefore, separate certificates would result.

For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.

(((15) For the period beginning July 1, 1993, and ending June 30, 1994, there is imposed and the department shall collect a one hundred dollar surcharge on all water rights applications or changes filed under this section, and upon all water rights applications or changes pending as of July 1, 1993. This charge shall be in addition to any other fees imposed under this section.))

NEW SECTION. Sec. 23. (1) The department shall collect the following fees in advance of each of the three stages of the permitting process:

(a) Application filing fees for the following:

(i) Surface water and ground water applications:

(A) Greater than 0.0 and less than or equal

to 0.02 cubic feet per second $ 100

(B) Greater than 0.02 and less than or equal to

0.1 cubic feet per second $ 150

0.2 cubic feet per second $ 200

(D) Greater than 0.2 and less than or equal to

0.5 cubic feet per second $ 250

(E) Greater than 0.5 and less than or equal to 1

cubic feet per second $ 300

(F) Greater than 1 and less than or equal to 3

cubic feet per second $ 900

(G) Greater than 3 and less than or equal to 5

cubic feet per second $ 1500

(H) Greater than 5 and less than or equal to 20

cubic feet per second $ 1700

(I) Greater than 20 and less than or equal to 100

cubic feet per second $ 2,000

(J) Greater than 100 cubic feet per second $ 2,200

(ii) Reservoir applications:

(A) Greater than 0.0 and less than or equal to

10 acre‑feet $ 100

(B) Greater than 10 and less than or equal to

100 acre‑feet $ 200

1,000 acre‑feet $ 600

(D) Greater than 1,000 acre‑feet $ 1,500

(iii) Change applications:

(A) Changing a single element $ 150

(B) Changing multiple elements $ 250

(b) Examination fees for the following:

(i) Surface water applications:

(A) Greater than 0.0 and less than or equal to

0.02 cubic feet per second $ 100

(B) Greater than 0.02 and less than or equal to

0.1 cubic feet per second $ 200

0.2 cubic feet per second $ 250

(D) Greater than 0.2 and less than or equal to

0.5 cubic feet per second $ 300

(E) Greater than 0.5 and less than or equal to

1 cubic feet per second $ 400

(F) Greater than 1 and less than or equal to 3

cubic feet per second $ 1,300

(G) Greater than 3 and less than or equal to 5

cubic feet per second $ 2,200

(H) Greater than 5 and less than or equal to 20

cubic feet per second $ 2,500

(I) Greater than 20 and less than or equal to 100

cubic feet per second $ 2,800

(J) Greater than 100 cubic feet per second $ 3,200

(ii) Ground water applications:

(A) Greater than 0.0 and less than or equal to

0.02 cubic feet per second $ 100

(B) Greater than 0.02 and less than or equal to

0.1 cubic feet per second $ 250

0.2 cubic feet per second $ 300

(D) Greater than 0.2 and less than or equal to

0.5 cubic feet per second $ 400

(E) Greater than 0.5 and less than or equal to 1

cubic feet per second $ 500

(F) Greater than 1 or less than or equal to 3

cubic feet per second $ 1,500

(G) Greater than 3 and less than or equal to 5

cubic feet per second $ 2,600

(H) Greater than 5 and less than or equal to 20

cubic feet per second $ 3,000

(I) Greater than 20 and less than or equal to 100

cubic feet per second $ 3,400

(J) Greater than 100 cubic feet per second $ 3,800

(iii) Reservoir applications:

(A) Greater than 0.0 and less than or equal to 10

acre‑feet $ 100

(B) Greater than 10 and less than or equal to 100

acre‑feet $ 250

1,000 acre‑feet $ 900

(D) Greater than 1,000 acre‑feet $ 2,200

(iv) Changes to permits and certificates:

(A) Changing a single element $ 200

(B) Changing multiple elements $ 300

(i) Surface water and ground water applications:

(A) Greater than 0.0 and less than or equal to

0.02 cubic feet per second $ 100

(B) Greater than 0.02 and less than or equal to

0.1 cubic feet per second $ 150

0.2 cubic feet per second $ 200

(D) Greater than 0.2 and less than or equal to

0.5 cubic feet per second $ 250

(E) Greater than 0.5 and less than or equal to 1

cubic feet per second $ 300

(F) Greater than 1 and less than or equal to 3

cubic feet per second $ 900

(G) Greater than 3 and less than or equal to 5

cubic feet per second $ 1,500

(H) Greater than 5 and less than or equal to 20

cubic feet per second $ 1,700

(I) Greater than 20 and less than or equal to 100

cubic feet per second $ 2,000

(J) Greater than 100 cubic feet per second $ 2,200

(ii) Reservoir applications:

(A) Greater than 0.0 and less than or equal to 10

acre‑feet $ 200

(B) Greater than 10 and less than or equal to 100

acre‑feet $ 300

1,000 acre‑feet $ 1,000

(D) Greater than 1,000 acre‑feet $ 1,500

(iii) Changes to permits and certificates:

(A) Changing a single element $ 150

(B) Changing multiple elements $ 250

For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.

A schedule of the water right fees shall be included with the water right application.

(2) The application fee shall be paid at the time the application is submitted to the department.

(3) By certified mail with return receipt requested, the department shall include with an approved change application, reservoir permit, or permit to appropriate water, notice of the amount of the examination fee that is due and payable. The examination fee shall be due and payable to the department within thirty days after the approved change application, reservoir permit, or permit to appropriate water is received by the applicant. A late fee of ten percent shall be assessed on any delinquent payments of the examination fee. The approved change application, reservoir permit, or permit to appropriate water shall be deemed cancelled if there is a failure to remit fees within ninety days of the department's notice.

(4) The certificate fee shall be collected before the issuance of the water right certificate.

(5) The water right permit processing account is created in the state treasury. All receipts collected under RCW 90.03.470 and this section shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for functions of the department of ecology related to: Filing, examination, and certification of water right permits, changes to water right permits, and transfer of water rights; and a proportionate share of indirect costs allocated to these functions necessary to fund the general administrative functions of the department. The goal is for the department to expend funds from the water right permit processing account to supplement the funds appropriated from the general fund for water right permit processing.

NEW SECTION. Sec. 24. (1) There is created a water rights programs review task force. The task force shall be comprised of eight members, who are appointed as follows:

(a) Four members of the house of representatives, two from each major caucus, to be appointed by the speaker of the house of representatives; and

(b) Four members of the senate, two from each major caucus, to be appointed by the president of the senate.

(2) The task force may conduct a review, including but not limited to the following matters:

(a) Periodically review the number of water right permit decisions that have been made, the reasons for conditioning and denial of permit applications, and the number of new applications that have been filed;

(b) Review and evaluate appeals that have been filed and decisions that have been rendered regarding the issuance, conditioning, or denial of water right permit applications;

(c) Conduct work sessions or public hearings on issues that relate to the processing of water right permit applications; and

(d) Monitor the efficiency of the water right permit processing program and recommend changes to the department and the legislature on funding and the related water right permit process.

(3) The office of program research and senate committee services shall jointly provide for the staff support of the task force.

(4) Task force members may adopt rules for conducting the business of the task force. The task force expires December 31, 1998.

Sec. 25. RCW 89.30.001 and 1933 c 149 s 1 are each amended to read as follows:

Reclamation districts including an area of not less than one million acres of land may be created and maintained in this state, as herein provided, for the reclamation and improvement of arid and semiarid lands situated in such districts, and for the generation and/or sale of hydroelectric energy((: PROVIDED, That no appropriation, license, filing, recording, examination or other fee or fees, as provided in RCW 90.16.050 through 90.16.090 or in RCW 90.03.470 shall be applicable to a district or districts created under this chapter)).

Sec. 26. RCW 90.40.090 and 1988 c 127 s 83 are each amended to read as follows:

An application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to appropriate waters of the Columbia River under chapter 90.03 RCW, for the development of the Grand Coulee project shall be perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association((~~, but no fees, as provided for in RCW 90.03.470, shall be required~~)).

NEW SECTION. Sec. 27. RCW 90.03.471 and 1987 c 109 s 99 & 1925 ex.s. c 161 s 3 are each repealed.

NEW SECTION. Sec. 28. Sections 8 through 10, 19 through 21, and 23 of this act are each added to chapter 90.03 RCW.