CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5276
55th Legislature
1997 Regular Session
Passed by the Senate April 23, 1997 YEAS 37 NAYS 3
President of the Senate
Passed by the House April 16, 1997 YEAS 95 NAYS 0 |
CERTIFICATE
I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5276 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
Speaker of the House of Representatives |
Secretary
|
Approved |
FILED |
|
|
Governor of the State of Washington |
Secretary of State State of Washington |
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SUBSTITUTE SENATE BILL 5276
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AS AMENDED BY THE HOUSE
Passed Legislature - 1997 Regular Session
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Agriculture & Environment (originally sponsored by Senators Swecker, Roach and Oke)
Read first time 03/05/97.
AN ACT Relating to water withdrawals and diversions; amending RCW 90.03.255 and 90.44.055; adding a new section to chapter 90.03 RCW; adding a new section 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, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. 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 or other resource management technique, take
into consideration the benefits and costs, including environmental effects,
of ((the)) any water impoundment or other resource management
technique 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 or other resource management technique, including((,))
but not limited to((,)) any recharge of ground water that may occur,
as a means of making water available or otherwise offsetting the impact of the
diversion of surface water proposed in the application for the water right,
transfer, or change. Provision for an impoundment or other
resource management technique in an application shall be made solely at the
discretion of the applicant and shall not otherwise be made by the department as
a condition for approving an application that does not include such
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 or other resource management technique, take
into consideration the benefits and costs, including environmental effects,
of ((the)) any water impoundment or other resource management
technique 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 or other resource management technique,
including((,)) but not limited to((,)) any recharge of ground
water that may occur, as a means of making water available or otherwise
offsetting the impact of the withdrawal of ground water proposed in the
application for the water right or amendment in the same water resource
inventory area. Provision for an impoundment or other resource
management technique in an application shall be made solely at the
discretion of the applicant and shall not be made by the department as a
condition for approving an application that does not include such
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:
Upon the request of the applicant, 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 or other on-site wastewater treatment facilities in an amount not to exceed the proposed use of water for indoor purposes. The department shall, based upon hydrogeologic data for the area in which the application is located, determine the amount of recharge to the aquifer that is likely to occur and factor that amount into the decision it makes on the application. Any water right permit, transfer, or change that is authorized under this section shall be conditioned to state that the water right permit, transfer, or change shall remain in effect only so long as the water use, including the discharge of water used for indoor purposes through a septic tank or other wastewater treatment facility, remains unchanged from that proposed in the original application.
NEW SECTION. Sec. 5. A new section is added to chapter 90.44 RCW to read as follows:
Upon the request of the applicant, the department shall, when evaluating an application for a water right or an amendment to a water right or permit filed pursuant to RCW 90.44.050 or 90.44.100, take into account the recharge of ground water from septic tanks or other on-site wastewater treatment facilities in an amount not to exceed the proposed use of water for indoor purposes. The department shall, based upon hydrogeologic data for the area in which the application is located, determine the amount of recharge to the aquifer that is likely to occur and factor that amount into the decision it makes on the application. Any water right permit or amendment that is authorized under this section shall be conditioned to state that the water right permit or amendment shall remain in effect only so long as the water use, including the discharge of water used for indoor purposes through a septic tank or other wastewater treatment facility, remains unchanged from that proposed in the original application.
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