AN
ACT Relating to the appropriation of water from lakes and reservoirs for single‑family
residential noncommercial garden and landscape irrigation; adding a new section
to chapter 90.03 RCW; creating new sections; and providing an expiration date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1) The
legislature finds that as demands on water resources increase, water must be
used in a manner that is most beneficial to the natural resources of the state,
while avoiding unnecessary capital costs and public infrastructure
expenditures. The legislature also finds that in appropriate circumstances,
use of water from lakes and reservoirs by shoreland owners will allow more
water to remain in rivers and streams for stockwater, fish, wildlife, municipal
drinking water, and recreation. The legislature also finds that use of
municipally treated drinking water for garden and landscape irrigation may in
some cases be an unnecessary use of the public infrastructure, creating the
need for additional public facilities to meet the demands of growing populations.
(2)
The legislature finds that while there may be numerous benefits to using lake
water in urban settings to water lawns and noncommercial gardens, the
legislature also finds that great caution must be exercised when establishing a
new exemption from the standard permit processing system for appropriating
increasingly scarce water resources. The legislature therefore declares that
any appropriations made under chapter . . ., Laws of 1997 (this act)
shall be limited to lakes and reservoirs in western Washington that are equal
to or greater than twenty thousand surface acres.
NEW
SECTION. Sec. 2. A
new section is added to chapter 90.03 RCW to read as follows:
(1)
The department shall determine whether there is sufficient water in a lake or
reservoir with a surface area of twenty thousand acres or more to allow owners
of single-family residences that abut the lake or reservoir of twenty thousand
acres or more located west of the crest of the Cascade mountains to use water for
noncommercial garden and landscape irrigation.
(2)
In making the determination provided for in subsection (1) of this section, the
department shall consider at least the following factors:
(a)
Whether there is water available to be appropriated;
(b)
Whether allowing additional appropriation from the lake or reservoir may have
an adverse impact on existing water right holders;
(c)
The existing uses and applications for uses of water from the lake or
reservoir;
(d)
The effect on stockwater, fish, wildlife, and other instream resources of
allowing or not allowing withdrawal from the lake or reservoir; and
(e)
The lake's or reservoir's physical characteristics, including depth, volume,
surface area, inflows, outflows, and surface level control features.
(3)
If the department determines that there may be sufficient water in the lake or
reservoir to allow use of water for single-family residential noncommercial
garden and landscape irrigation, it shall hold one or more public hearings in
the area affected by the proposal. At the public hearing, the department shall
report on the factors described in subsection (2) of this section, any
additional factors it has used to evaluate the proposal, and options for use of
the available water that will satisfy requirements for efficiency.
(4)
After reviewing comments received at the public hearing, the department shall
make a final determination whether there is sufficient water available for
single-family residential noncommercial garden and landscape irrigation purposes.
If the department determines there is sufficient water it shall, by rule:
(a)
Establish the maximum quantity of water that may be withdrawn from the lake or
reservoir on a yearly basis for single-family noncommercial garden and
landscape irrigation under this section;
(b)
Establish conditions and limitations on withdrawal by individual property
owners. The conditions and limitations may include, but are not limited to:
Time of day and year, maximum area that may be watered, maximum flow and annual
water usage allowed, protection for existing water right holders who may be
affected by the withdrawal, and conservation and efficiency measures to be
used. In adopting the terms and conditions, the department shall encourage
water use efficiency and conservation; and
(c)
Establish screening requirements to protect fish life.
(5)
A person withdrawing water under a rule adopted under subsection (4) of this
section may, but shall not be required to, apply for a water right permit as
otherwise provided by this chapter. The right to withdraw water under this
section shall have a priority date of the effective date of the rule adopted
pursuant to this section.
(6)
The department may suspend temporarily the authority to withdraw water granted
under this section if the department determines:
(a)
Under chapter 43.83B RCW that drought conditions exist in the geographical area
including a lake or reservoir for which the department has established water
withdrawal standards under subsection (4) of this section; or
(b)
By rule that continued withdrawal of water under this section will have an
adverse impact on flows or lake levels below essential minimums necessary to
assure the maintenance of existing water rights or claims, fisheries
requirements, or to protect federal or state interests including, but not
limited to, power generation, navigation, and shoreline facilities.
(7)
The department may temporarily suspend or impose conditions on the withdrawal
of water authorized under this section if there is a water shortage in the
geographical area including the lake or reservoir and a public water system
with a water right affected by the withdrawal authorized under this section has
imposed use restrictions and has requested similar restrictions for water withdrawn
under this section.
(8)
The department shall conduct the analysis required by subsection (1) of this
section for lakes and reservoirs of twenty thousand acres or more located west
of the crest of the Cascade mountains and, if it determines water is available,
adopt the rule required by subsection (4) of this section not later than June
1, 1998.
(9)
If requested by a public water system that may be affected by the withdrawal of
water authorized under subsection (4) of this section, the department shall
notify the system of use restrictions that the department has established and
shall consult with the system on methods to enforce the restrictions imposed
under subsection (4) of this section.
(10)
Any person withdrawing water under the provisions of this section who uses an
irrigation system that has connections to both the supply from the lake or reservoir
and a potable drinking water supply system shall assure that the irrigation
system complies with all health, safety, and building code requirements.
NEW
SECTION. Sec. 3. (1)
If water is appropriated as authorized in chapter . . ., Laws of 1997
(this act), the department of ecology shall evaluate the advantages and
disadvantages of allowing similar appropriations in other urban lakes and
reservoirs and report its findings to the appropriate standing committees of
the legislature by June 1, 2000.
(2) This section expires June 30, 2000.
