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.
*Sec. 4 was vetoed. See message at end of chapter.
*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.
*Sec. 5 was vetoed. See message at end of chapter.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to sections 4 and 5, Substitute Senate Bill
No. 5276 entitled:
"AN
ACT Relating to water withdrawals and diversions;"
Substitute Senate Bill
No. 5276 provides mitigation policy direction for the state as it relates to
water rights, transfers, changes and amendments. Sections 1 through 3 of the
bill provide innovative mitigation policy direction to help the state address increased
demand on our finite water resources while protecting the environment, and I
support those sections.
Sections 4 and 5 of SSB
5276 contain provisions that would require the termination of water rights if
the right holder were to stop using a septic system or other wastewater
treatment facility that was recharging the water supply. It would create an
impractical expectation that the water right would be terminated if sewers
eventually replace the septic systems or other wastewater treatment facilities
involved. These sections also create a disincentive to convert from septic
systems to sewers, contrary to state policy.
For these reasons, I have
vetoed sections 4 and 5 of Substitute Senate Bill No. 5276.
With
the exception of sections 4 and 5, Substitute Senate Bill No. 5276 is
approved."
