BILL REQ. #:  H-1578.1 

Read first time 02/24/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the return or recharge of ground water; and amending RCW 90.03.255 and 90.44.055.

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

Sec. 1   RCW 90.03.255 and 1997 c 360 s 2 are each amended to read as follows:
     The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of ground water that may occur, as a means of making water available or otherwise offsetting the impact of the diversion of surface water proposed in the application for the water right, transfer, or change. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department as a condition for approving an application that does not include such provision. For these purposes and when considering an application regarding the domestic use of water, the department shall not consider the return or recharge portion of the water as being lost through beneficial use. The return or recharge portion of the water is the amount returned to surface or ground waters after septic or sewage treatment or returned in the form of seepage. Analyses contained in a watershed plan developed or approved under chapter 90.82 RCW shall be used by the department in determining the return or recharge portion of the water in that watershed.
     This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.

Sec. 2   RCW 90.44.055 and 1997 c 360 s 3 are each amended to read as follows:
     The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of ground water that may occur, as a means of making water available or otherwise offsetting the impact of the withdrawal of ground water proposed in the application for the water right or amendment in the same water resource inventory area. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not be made by the department as a condition for approving an application that does not include such provision. For these purposes and when considering an application regarding the domestic use of water, the department shall not consider the return or recharge portion of the water as being lost through beneficial use. The return or recharge portion of the water is the amount returned to surface or ground waters after septic or sewage treatment or returned in the form of seepage. Analyses contained in a watershed plan developed or approved under chapter 90.82 RCW shall be used by the department in determining the return or recharge portion of the water in that watershed.
     This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.