BILL REQ. #:  H-0856.1 

Read first time 01/29/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to municipal water systems; and amending RCW 90.03.015 and 90.03.386.

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

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 70.116.030, that: (i) Owns or operates a public water system that is entitled or obligated to serve existing and 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 under chapter 43.20 or 70.116 RCW; or
     (b) An irrigation district organized under chapter 87.03 RCW.
     (4) "Municipal water supply purposes" means any beneficial use for which water is or is anticipated to be provided by a municipal water supplier, and includes water held to meet future demands or to meet state requirements for back-up supplies such as provisions in the wellhead protection program; 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.
     (2) For a 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 is required to be approved for the 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.
     (3) The place of use of water rights held by a municipal water supplier for a public water system is the service area described in the system's water system plan approved under chapter 43.20 RCW or approved as part of a coordinated water system plan under chapter 70.116 RCW, as either plan may be amended from time to time. The purpose of use of water rights held by a municipal water supplier for a public water system is municipal water supply purposes. The department must modify water right records as necessary as individual records come up for review.