H‑0393.1   _____________________________________________

HOUSE BILL 1873

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives G. Chandler and Linville

Read first time 02/07/2001.  Referred to Committee on Agriculture & Ecology.

_1      AN ACT Relating to metering or measuring water; and amending

_2  RCW 90.03.360, 90.44.030, and 90.44.450.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 90.03.360 and 1994 c 264 s 85 are each amended to read

_5  as follows:

_6      (1) The owner or owners of any water diversion shall maintain,

_7  to the satisfaction of the department of ecology, substantial

_8  controlling works and a measuring device constructed and

_9  maintained to permit accurate measurement and practical regulation

10  of the flow of water diverted.  Every owner or manager of a

11  reservoir for the storage of water shall construct and maintain,

12  when required by the department, any measuring device necessary to

13  ascertain the natural flow into and out of said reservoir.

14      Metering of diversions or measurement by other approved methods

15  shall be required as a condition for all new surface water right

16  permits, and except as provided in subsection (2) of this section,

17  may be required as a condition for all previously existing surface

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_1  water rights.  The department may also require, as a condition for

_2  all water rights, metering of diversions, and reports regarding

_3  such metered diversions as to the amount of water being diverted.

_4  Such reports shall be in a form prescribed by the department.

_5      (2) Where water diversions are from waters in which the

_6  salmonid stock status is depressed or critical, as determined by

_7  the department of fish and wildlife, or where the volume of water

_8  being diverted exceeds one cubic foot per second, the department

_9  shall require metering or measurement by other approved methods as

10  a condition for all new and previously existing water rights or

11  claims.  The department shall attempt to integrate the requirements

12  of this subsection into its existing compliance workload

13  priorities, but shall prioritize the requirements of this

14  subsection ahead of the existing compliance workload where a delay

15  may cause the decline of wild salmonids.  The department shall

16  notify the department of fish and wildlife of the status of fish

17  screens associated with these diversions.

18      This subsection (2) shall not apply to diversions for public or

19  private hatcheries or fish rearing facilities if the diverted

20  water is returned directly to the waters from which it was

21  diverted.

22      This chapter shall not be construed as requiring the department

23  to exercise the authorities granted by RCW 90.44.450.  The

24  authorities granted by RCW 90.44.450 are exclusively discretionary

25  powers.

26      Sec. 2.  RCW 90.44.030 and 1945 c 263 s 2 are each amended to read

27  as follows:

28      The rights to appropriate the surface waters of the state and

29  the rights acquired by the appropriation and use of surface waters

30  shall not be affected or impaired by any of the provisions of this

31  supplementary chapter and, to the extent that any underground

32  water is part of or tributary to the source of any surface stream

33  or lake, or that the withdrawal of ground water may affect the

34  flow of any spring, water course, lake, or other body of surface

35  water, the right of an appropriator and owner of surface water

36  shall be superior to any subsequent right hereby authorized to be

37  acquired in or to ground water.

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_1      This chapter shall not be construed as requiring the department

_2  to exercise the authorities granted by RCW 90.44.450.  The

_3  authorities granted by RCW 90.44.450 are exclusively discretionary

_4  powers.

_5      Sec. 3.  RCW 90.44.450 and 1989 c 348 s 7 are each amended to read

_6  as follows:

_7      The department of ecology may require withdrawals of ground

_8  water to be metered, or measured by other approved methods, as a

_9  condition for a new water right permit.  The department may also

10  require, as a condition for such permits, reports regarding such

11  withdrawals as to the amount of water being withdrawn.  These

12  reports shall be in a form prescribed by the department.

13      This chapter shall not be construed as requiring the department

14  to exercise the authorities granted by this section.  The

15  authorities granted by this section are exclusively discretionary

16  powers.

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