1338-S2.E AMS NR S2928.1

E2SHB 1338 - S COMM AMD

By Committee on Natural Resources, Energy & Water

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:

((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of ecology;

(2) "Director" means the director of ecology; ((and))

(3) "Municipal water supplier" means:

(a) A purveyor, as defined in RCW 70.119A.020, that: (i) Owns or operates a group A water system as defined in RCW 70.119.020 that is entitled or obligated to serve existing or additional customers and uses within one or more approved water service areas to the extent such customers and uses are allowed under an applicable land use plan; and (ii) has an approved water system plan or small water system management program under chapter 43.20 or 70.116 RCW;

(b) An irrigation district organized under chapter 87.03 RCW;

(c) A county appointed as the receiver of a failing water system under RCW 43.70.195, approved as a satellite system management agency under RCW 70.116.134, or that holds rights for use in its own governmental or proprietary operations; or

(d) A city, town, or county that holds rights for use in its own governmental or proprietary operations;

(4) "Municipal water supply purposes" means any beneficial use for which water is or is anticipated to be provided by a municipal water supplier. However, nothing in this subsection (4) affects the requirements under this chapter and chapter 90.44 RCW to obtain approval to change the purpose of an existing water right that is not a municipal water supply purpose right to municipal water supply purposes; and

(5) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.

Sec. 2. RCW 90.03.386 and 1991 c 350 s 2 are each amended to read as follows:

(1) Within service areas established pursuant to chapters 43.20 and 70.116 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management program.

(2) For a municipal water supplier's public water system, the maximum number of service connections, or maximum population to be served, or size or location of the place of use, as described or specified on a water right application, permit, certificate, or claim or as described or specified in related supporting documents may not be an attribute limiting exercise of the water right if an annual quantity limit can be determined from the permit, certificate, or claim. However, if a water system plan or small water system management program is required to be approved for the municipal water supplier's public water system under chapter 43.20 RCW or as part of a coordinated water system plan under chapter 70.116 RCW, the number of service connections or population served under the water right may be further expanded only during such time as the public water system is in compliance with the requirements of its approved water system plan or small water system management program.

(3) The place of use of water rights held by a municipal water supplier for a public water system is the larger of the place of use in the water right certificate or the service area described in the system's water system plan or small water system management program approved under chapter 43.20 RCW or approved as part of a coordinated water system plan under chapter 70.116 RCW, as any such plan or program may be amended from time to time.

(4) Subsection (3) of this section does not apply to a municipal water supplier's public water system with ten thousand or more service connections unless the system adopts a conservation element, as specified in this subsection, within a water system plan or small water system management program developed under chapter 43.20 RCW or within a coordinated water system plan developed under chapter 70.116 RCW.

(a) If a municipal water supplier can demonstrate, through source and service metering, that unaccounted-for water within the public water system does not exceed fifteen percent of the total water used within the system, the conservation element shall include regular system leak detection analysis and:

(i) Consumer education;

(ii) Increasing block-rate billing; or

(iii) Low-flow consumer plumbing retrofitting.

(b) If a municipal water supplier's public water system is not completely source and service metered or unaccounted-for water exceeds fifteen percent of the total water used within the system, the conservation element shall include:

(i) Regular system leak detection analysis;

(ii) Increasing block-rate billing where service meters exist;

(iii) Consumer education; and

(iv) Low-flow consumer plumbing retrofitting.

(c) For purposes of this subsection (4), "unaccounted-for water" does not include water delivered to metered customers or water for system flushing and maintenance, fire flow, or fire training.

(5) The purpose of use of water rights held by a municipal water supplier for a public water system is municipal water supply purposes.

(6) The department shall modify records concerning municipal water rights as necessary as individual records come up for review.

NEW SECTION. Sec. 3. (1) The department of health shall, in cooperation with the water supply advisory committee created pursuant to RCW 70.119A.160, examine current and historical water conservation efforts and evaluate the overall effectiveness, including cost- effectiveness, of such efforts. The examination should review:

(a) Different approaches taken to conserve water;

(b) Efforts taken throughout the state by large and small public water systems, as the term "public water system" is defined in RCW 70.116.030, that rely on either surface water, ground water, or both as sources of supply;

(c) Costs of conservation and the impact of such costs on rates; and

(d) Methods of recovering costs of conservation.

(2) The department of health shall report its findings and recommendations to the legislature by December 1, 2003. The recommendations may include legislation or administrative rule changes that, if enacted or adopted, would encourage cost-effective water conservation.

NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2003, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

E2SHB 1338 - S COMM AMD

By Committee on Natural Resources, Energy & Water

On page 1, line 2 of the title, after "water;" strike the remainder of the title and insert "amending RCW 90.03.015 and 90.03.386; and creating new sections."

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