S 0720

S‑0720.1 _____________________________________________

SENATE BILL 5901

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators B. Sheldon, Hale, Oke, Morton, Honeyford, Eide and T. Sheldon

Read first time 02/07/2001. Referred to Committee on Environment, Energy & Water.

_1 AN ACT Relating to eliminating certain restrictions on water

_2 system interties; and amending RCW 90.03.383.

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

_4 Sec. 1. RCW 90.03.383 and 1991 c 350 s 1 are each amended to read

_5 as follows:

_6 (1) The legislature recognizes the value of interties for

_7 improving the reliability of public water systems, enhancing their

_8 management, and more efficiently utilizing the increasingly

_9 limited resource. Given the continued growth in the most populous

10 areas of the state, the increased complexity of public water

11 supply management, and the trend toward regional planning and

12 regional solutions to resource issues, interconnections of public

13 water systems through interties provide a valuable tool to ensure

14 reliable public water supplies for the citizens of the state.

15 Public water systems have been encouraged in the past to utilize

16 interties to achieve public health and resource management

17 objectives. The legislature finds that it is in the public interest

18 to recognize interties existing and in use as of January 1, 1991,

p. 1 SB 5901

_1 and to have associated water rights modified by the department of

_2 ecology to reflect current use of water through those interties,

_3 pursuant to subsection (3) of this section. The legislature further

_4 finds it in the public interest to develop a coordinated process

_5 to review proposals for interties commencing use after January 1,

_6 1991.

_7 (2) For the purposes of this section, the following definitions

_8 shall apply:

_9 (a) "Interties" are interconnections between public water

10 systems permitting exchange or delivery of water between those

11 systems for other than emergency supply purposes, where such

12 exchange or delivery is within established instantaneous and

13 annual withdrawal rates specified in the systems' existing water

14 right permits or certificates, or contained in claims filed

15 pursuant to chapter 90.14 RCW, and which results in better

16 management of public water supply consistent with existing rights

17 and obligations. Interties include interconnections between public

18 water systems permitting exchange or delivery of water to serve as

19 primary or secondary sources of supply((~~, but do not include~~

20 ~~development of new sources of supply to meet future demand~~)).

21 (b) "Service area" is the area designated in a water system

22 plan or a coordinated water system plan pursuant to chapter 43.20

23 or 70.116 RCW respectively. When a public water system does not

24 have a designated service area subject to the approval process of

25 those chapters, the service area shall be the designated place of

26 use contained in the water right permit or certificate, or

27 contained in the claim filed pursuant to chapter 90.14 RCW.

28 (3) Public water systems with interties existing and in use as

29 of January 1, 1991, or that have received written approval from

30 the department of health prior to that date, shall file written

31 notice of those interties with the department of health and the

32 department of ecology. The notice may be incorporated into the

33 public water system's five-year update of its water system plan,

34 but shall be filed no later than June 30, 1996. The notice shall

35 identify the location of the intertie; the dates of its first use;

36 the purpose, capacity, and current use; the intertie agreement of

37 the parties and the service areas assigned; and other information

38 reasonably necessary to modify the water right permit.

SB 5901 p. 2

_1 Notwithstanding the provisions of RCW 90.03.380 and 90.44.100, for

_2 public water systems with interties existing and in use as of

_3 January 1, 1991, the department of ecology, upon receipt of notice

_4 meeting the requirements of this subsection, shall, as soon as

_5 practicable, modify the place of use descriptions in the water

_6 right permits, certificates, or claims to reflect the actual use

_7 through such interties, provided that the place of use is within

_8 service area designations established in a water system plan

_9 approved pursuant to chapter 43.20 RCW, or a coordinated water

10 system plan approved pursuant to chapter 70.116 RCW, and further

11 provided that the water used is within the instantaneous and

12 annual withdrawal rates specified in the water right permit and

13 that no outstanding complaints of impairment to existing water

14 rights have been filed with the department of ecology prior to

15 September 1, 1991. Where such complaints of impairment have been

16 received, the department of ecology shall make all reasonable

17 efforts to resolve them in a timely manner through agreement of

18 the parties or through available administrative remedies.

19 (4) Notwithstanding the provisions of RCW 90.03.380 and

20 90.44.100, exchange or delivery of water through interties

21 commencing use after January 1, 1991, shall be permitted when the

22 intertie improves overall system reliability, enhances the

23 manageability of the systems, provides opportunities for

24 conjunctive use, or delays or avoids the need to develop new water

25 sources, and otherwise meets the requirements of this section,

26 provided that each public water system's water use shall not

27 exceed the instantaneous or annual withdrawal rate specified in

28 its water right authorization, shall not adversely affect existing

29 water rights, and shall not be inconsistent with state-approved

30 plans such as water system plans or other plans which include

31 specific proposals for construction of interties. Interties

32 commencing use after January 1, 1991, shall not be inconsistent

33 with regional water resource plans developed pursuant to chapter

34 90.54 RCW.

35 (5) For public water systems subject to the approval process of

36 chapter 43.20 RCW or chapter 70.116 RCW, proposals for interties

37 commencing use after January 1, 1991, shall be incorporated into

38 water system plans pursuant to chapter 43.20 RCW or coordinated

p. 3 SB 5901

_1 water system plans pursuant to chapter 70.116 RCW and submitted to

_2 the department of health and the department of ecology for review

_3 and approval as provided for in subsections (5) through (9) of

_4 this section. The plan shall state how the proposed intertie will

_5 improve overall system reliability, enhance the manageability of

_6 the systems, provide opportunities for conjunctive use, or delay

_7 or avoid the need to develop new water sources.

_8 (6) The department of health shall be responsible for review

_9 and approval of proposals for new interties. In its review the

10 department of health shall determine whether the intertie

11 satisfies the criteria of subsection (4) of this section, with the

12 exception of water rights considerations, which are the

13 responsibility of the department of ecology, and shall determine

14 whether the intertie is necessary to address emergent public

15 health or safety concerns associated with public water supply.

16 (7) If the intertie is determined by the department of health

17 to be necessary to address emergent public health or safety

18 concerns associated with public water supply, the public water

19 system shall amend its water system plan as required and shall

20 file an application with the department of ecology to change its

21 existing water right to reflect the proposed use of the water as

22 described in the approved water system plan. The department of

23 ecology shall process the application for change pursuant to RCW

24 90.03.380 or 90.44.100 as appropriate, except that,

25 notwithstanding the requirements of those sections regarding

26 notice and protest periods, applicants shall be required to

27 publish notice one time, and the comment period shall be fifteen

28 days from the date of publication of the notice. Within sixty days

29 of receiving the application, the department of ecology shall

30 issue findings and advise the department of health if existing

31 water rights are determined to be adversely affected. If no

32 determination is provided by the department of ecology within the

33 sixty-day period, the department of health shall proceed as if

34 existing rights are not adversely affected by the proposed

35 intertie. The department of ecology may obtain an extension of the

36 sixty-day period by submitting written notice to the department of

37 health and to the applicant indicating a definite date by which

SB 5901 p. 4

_1 its determination will be made. No additional extensions shall be

_2 granted, and in no event shall the total review period for the

_3 department of ecology exceed one hundred eighty days.

_4 (8) If the department of health determines the proposed

_5 intertie appears to meet the requirements of subsection (4) of

_6 this section but is not necessary to address emergent public

_7 health or safety concerns associated with public water supply, the

_8 department of health shall instruct the applicant to submit to the

_9 department of ecology an application for change to the underlying

10 water right or claim as necessary to reflect the new place of

11 use. The department of ecology shall consider the applications

12 pursuant to the provisions of RCW 90.03.380 and 90.44.100 as

13 appropriate. If in its review of proposed interties and associated

14 water rights the department of ecology determines that additional

15 information is required to act on the application, the department

16 may request applicants to provide information necessary for its

17 decision, consistent with agency rules and written

18 guidelines. Parties disagreeing with the decision of the department

19 of ecology on the application for change in place of use may

20 appeal the decision to the pollution control hearings board.

21 (9) The department of health may approve plans containing

22 intertie proposals prior to the department of ecology's decision

23 on the water right application for change in place of use.

24 However, notwithstanding such approval, construction work on the

25 intertie shall not begin until the department of ecology issues

26 the appropriate water right document to the applicant consistent

27 with the approved plan.

‑‑‑ END ‑‑‑

p. 5 SB 5901