AN
ACT Relating to public water systems; amending RCW 90.03.320 and 90.03.330;
adding a new section to chapter 90.03 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 it is in the public
interest for water rights held by public water systems to be managed and
regulated in a manner that:
(1)
Allows such systems to prolong and maximize the use of water rights applied to
municipal purposes consistent with the population demand projections
established in state-approved water system plans and adopted growth management
plans; and
(2)
Promotes water conservation, with enhanced efforts occurring in water critical
areas, promotes water system efficiencies, and eliminates disincentives for
investments in water efficient technologies.
The
department of ecology is therefore directed to administer water rights laws
consistent with RCW 90.03.320 and 90.03.330 and section 2 of this act.
*Sec. 1 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 2.
A new section is added to chapter 90.03 RCW to read as follows:
(1)
For the purposes of this chapter and RCW 90.14.140, "municipal water
supply purposes" means water distributed by a group A public water system
as defined by RCW 70.119.020, and includes domestic, commercial, and industrial
water uses provided as an integral element of the public water system and
includes industrial water uses provided on the effective date of this act under
RCW 54.16.030 which are included in a comprehensive water system plan. Except
as stated above, this definition does not include commercial, industrial,
irrigation, or other water systems that are not designated as a public water
system for potable water use recognized by a state-approved public water system
plan or withdrawals of public ground waters exempt from permit requirements
under RCW 90.44.050.
(2)
For the purposes of RCW 90.14.140, the amount of water held for municipal water
supply purposes is limited to the water that is deemed to be an efficient use
and that meets the needs of the public water system's service area as
determined by plans in RCW 90.03.320. Water uses that are deemed as efficient
uses of water are those that are in full compliance with the department of
health's conservation guidelines for such systems. This section applies only
to those public water systems that are required to develop water conservation
plans pursuant to the department of health's conservation guidelines.
*Sec. 2 was vetoed. See message at end of chapter.
Sec.
3. RCW
90.03.320 and 1987 c 109 s 67 are each amended to read as follows:
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. In
fixing construction schedules and the time, or extension of time, for
application of water to beneficial use for municipal water supply purposes, the
department shall also take into consideration the term and amount of financing
required to complete the project, delays that may result from planned and
existing conservation and water use efficiency measures implemented by the
public water system, and the supply needs of the public water system's service
area, consistent with an approved comprehensive plan under chapter 36.70A RCW,
or in the absence of such a plan, a county-approved comprehensive plan under
chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water
demand projections prepared by public water systems in accordance with state
law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan
under chapter 35.63 RCW, or demand projection may be used. 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)) is not shown, ((said)) the
permit shall be canceled.
*Sec.
4.
RCW 90.03.330 and 1987 c 109 s 89 are each amended to read as follows:
(1)
Upon a showing satisfactory to the department that any appropriation has been
perfected in accordance with the provisions of this chapter, it shall be the
duty of the department to issue to the applicant a certificate stating such
facts in a form to be prescribed by ((him)) the director, and
such certificate shall thereupon be recorded with the department.
(2)
For those public water supplies that fulfill municipal water supply purposes
and are designed to accommodate future growth as defined by a state-approved
water system plan, the amount of instantaneous diversion or withdrawal
considered to be applied to beneficial use at the time of perfection of the
certificate shall be based upon the design capacity of the diversion structures
and mainlines or withdrawal facilities and mainlines installed at such time.
Further, the amount of annual appropriation considered to be applied to
beneficial use at the time of perfection shall be based on the growth
projection contained in the most current state-approved water system plan.
However, the department may not issue a certificate for quantities of water in
excess of those contained in a permit if a permit has been issued. This
subsection shall apply to the administration of water rights existing on the
effective date of this section and prospectively issued water rights, but shall
not apply to water rights subject to the terms of final adjudication decrees
entered in accordance with this chapter. Withdrawal of ground water shall be
in compliance with RCW 90.44.100.
(3)
Any original water right certificate issued, as provided by this chapter, shall
be recorded with the department and thereafter, at the expense of the party
receiving the same, be by the department transmitted to the county auditor of
the county or counties where the distributing system or any part thereof is
located, and be recorded in the office of such county auditor, and thereafter
be transmitted to the owner thereof.
*Sec. 4 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 1, 2, and 4,
Substitute Senate Bill No. 5783 entitled:
"AN ACT Relating to public water systems;"
I have vetoed most of
Substitute Senate Bill No. 5783, which affects water rights for public water
systems. I do, however, recognize the need for and importance of providing
adequate water supplies to support responsible growth. It is unfortunate that a
compromise was not reached between the bill proponents and state agencies that
addressed such an important issue in a balanced manner that also protected
instream resources. I encourage the water purveyors and local government to
return to the negotiating table and work with state agencies to resolve these
issues in a balanced fashion.
Sections 2 and 4 would
work together to provide an unfair advantage to public water systems by
creating great uncertainty in trying to determine what water is available for
other water rights, new applications, and the protection of instream
resources. This would make it increasingly difficult to effectively and
efficiently manage the public waters of the state. Section 1 directs the
Department of Ecology to administer water rights laws consistent with sections
2, 3, and 4.
For these reasons, I have
vetoed sections 1, 2, and 4 of Substitute Senate Bill No. 5783.
I have approved section
3, which amends the existing statute that fixes and grants extensions to the
construction schedules for application of water to a beneficial use. These
changes provide certainty for the water purveyors as to which conditions the
Department of Ecology is required to consider. The term and amount of
financing are major issues for water utilities and this language provides them
assurance in their efforts to construct major capital facilities.
Consideration for conservation and efficiency underscores and supports
stretching existing water supplies. Finally, section 3 makes a positive step toward
coordinating public water system supply with Growth Management Act provisions
and population projections.
With
the exception of sections 1, 2, and 4, Substitute Senate Bill No. 5783 is
approved."
