S-0866.1 _______________________________________________
SENATE BILL 5814
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State of Washington 57th Legislature 2001 Regular Session
By Senators Honeyford, T. Sheldon, Morton, Rasmussen, Hochstatter, Swecker, Hewitt, B. Sheldon and Hale
Read first time 02/05/2001. Referred to Committee on Environment, Energy & Water.
AN ACT Relating to clarifying the ability to change the purpose of ground water withdrawals; and amending RCW 90.44.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.44.100 and 1997 c 316 s 2 are each amended to read as follows:
(1) After an
application to, and upon the issuance by the department of an amendment to the
appropriate permit or certificate of ground water right, the holder of a valid
right to withdraw public ground waters may, without losing the holder's
priority of right, construct wells or other means of withdrawal at a new
location in substitution for or in addition to those at the original location,
or the holder may change the ((manner)) purpose or the place of
use of the water.
(2) An amendment to
construct replacement or a new additional well or wells at a location outside
of the location of the original well or wells or to change the ((manner))
purpose or place of use of the water shall be issued only after
publication of notice of the application and findings as prescribed in the case
of an original application. Such amendment shall be issued by the department
only on the conditions that: (a) The additional or replacement well or wells
shall tap the same body of public ground water as the original well or wells;
(b) where a replacement well or wells is approved, the use of the original well
or wells shall be discontinued and the original well or wells shall be properly
decommissioned as required under chapter 18.104 RCW; (c) where an additional
well or wells is constructed, the original well or wells may continue to be
used, but the combined total withdrawal from the original and additional well
or wells shall not enlarge the right conveyed by the original permit or
certificate; and (d) other existing rights shall not be impaired. The
department may specify an approved ((manner)) purpose of
construction and shall require a showing of compliance with the terms of the
amendment, as provided in RCW 90.44.080 in the case of an original permit.
(3) The construction of
a replacement or new additional well or wells at the location of the original
well or wells shall be allowed without application to the department for an
amendment. However, the following apply to such a replacement or new
additional well: (a) The well shall tap the same body of public ground water
as the original well or wells; (b) if a replacement well is constructed, the
use of the original well or wells shall be discontinued and the original well
or wells shall be properly decommissioned as required under chapter 18.104 RCW;
(c) if a new additional well is constructed, the original well or wells may
continue to be used, but the combined total withdrawal from the original and
additional well or wells shall not enlarge the right conveyed by the original
water use permit or certificate; (d) the construction and use of the well shall
not interfere with or impair water rights with an earlier date of priority than
the water right or rights for the original well or wells; (e) the replacement
or additional well shall be located no closer than the original well to a well
it might interfere with; (f) the department may specify an approved ((manner))
purpose of construction of the well; and (g) the department shall
require a showing of compliance with the conditions of this subsection (3).
(4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.
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