S-1528

AN ACT Relating to allowing for regulation of flowing wells within city limits; and amending RCW 90.36.030 and 90.44.110.

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

Sec. 1. RCW 90.36.030 and 1929 c 138 s 2 are each amended to read as follows:

(1) Except as provided in subsections (2) and (3) of this section, it shall be the duty of every person, firm, corporation or company having possession or control of any artesian well, as provided in RCW 90.36.020, to securely cap the same over on or before the fifteenth day of October in each and every year in such manner as to prevent the flow or escape of water therefrom, and to keep the same securely capped and prevent the flow or escape of water therefrom until the fifteenth day of March next ensuing((~~; PROVIDED, HOWEVER,~~)).

(2) It ((~~shall and may be~~)) is lawful for any such person, firm, corporation or company to insert a three-quarters inch stop and waste cock in the piping of such well, and to take and use water therefrom through such stop and waste cock at any time for household, stock, or domestic purposes, but not otherwise.

(3) Any well completed into a confined aquifer shall be allowed to flow freely for public uses if:

(a) The well is constructed according to state law and agency rules pertaining to well construction;

(b) The well has a discharge rate not to exceed twelve gallons per minute;

(c) The well is within the limits of a city operating under the optional municipal code with a population of thirty-six thousand or more and located within a county with a population of less than four hundred thousand that is west of the crest of the Cascade mountains;

(d) The well is owned, operated, and maintained by a recognized public body;

(e) The operator of the well ensures the unused portion of the flow is piped from the well head and discharged directly into a surface water body within the limits of the city; and

(f) The discharge does not allow for any degradation of water quality.

As used in this subsection, "public body" means the state of Washington or any agency, political subdivision, taxing district, or municipal or public corporation thereof.

Sec. 2. RCW 90.44.110 and 1987 c 109 s 114 are each amended to read as follows:

(1) No public ground waters that have been withdrawn shall be wasted without economical beneficial use. Except as provided in subsections (2), (3), and (4) of this section, the department shall require:

(a) All wells producing waters which contaminate other waters to be plugged or capped((~~. The department shall also require~~)); and

(b) All flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use under the terms of their respective permits or approved declarations of vested rights((~~. Likewise, the department shall also require~~)); and

(c) Both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of public ground waters through leaky casings, pipes, fittings, valves, or pumps‑-either above or below the land surface((~~: PROVIDED, HOWEVER, That~~)).

(2) The withdrawal of reasonable quantities of public ground water in connection with the construction, development, testing, or repair of a well shall not be construed as waste((~~; also, that~~)).

(3) The inadvertent loss of ((~~such~~)) water owing to breakage of a pump, valve, pipe, or fitting shall not be construed as waste if reasonable diligence is shown by the permittee in effecting the necessary repair.