SENATE BILL REPORT

SB 6668

As of February 1, 2002

Title:  An act relating to location of replacement or redundancy wells of public water systems.

Brief Description:  Changing provisions relating to location of replacement and new redundancy wells of public water systems.

Sponsors:  Senators Keiser, Johnson, Hale, Regala, McDonald, Fraser and Rasmussen.

Brief History:

Committee Activity:  Environment, Energy & Water:  2/5/02.

SENATE COMMITTEE ON ENVIRONMENT, ENERGY & WATER

Staff:  Genevieve Pisarski (786‑7488)

Background:  Existing law allows construction of a replacement or a back-up well without applying for an amendment to the water right permit or certificate, if it is constructed at  the same location as the original well, according to the legal description provided in the original water right application.  A number of conditions apply, aimed at assuring that the effect of such a well is no different than the effect of the original well.  The requirement that a replacement or a back-up well be constructed only at the same location as the original well affects the ability of public water systems to respond to changes in land use, water quality, and aquifer productivity that make the location unavailable or unsuitable.

Summary of Bill:  A public water system is allowed to construct a replacement or redundancy well at a location outside the location of the original well without applying to the Department of Ecology for an amendment, under the same conditions as apply, if such a well is constructed at the original location.  Two additional conditions apply.  There must be a showing that opportunities at the original location are unavailable or unsuitable, because land use, sanitary zone interference, water quality, or poor aquifer conditions make supply inadequate or unreliable.  There must also be no greater effect on surface waters than what is caused by full exercise of the water right at the original location.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.