BILL REQ. #:  S-1739.2 

READ FIRST TIME 03/03/03.   

     AN ACT Relating to the construction of replacement or additional wells; 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, add existing wells or 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) Except as provided in subsections (3) and (5) of this section, an amendment to add an existing well or wells or 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)) be located within the same water resource inventory area, as defined in chapter 173-500 WAC, or an adjoining water resource inventory area 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 added or 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)) increase the annual or instantaneous quantity conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner 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 addition or 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 added or 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)) increase the annual or instantaneous quantity conveyed by the original water use permit or certificate; (d) the addition or 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 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 larger of: (a) The area described as the point of withdrawal in the original public notice published for the application for the water right for the well; or (b) the area up to one-quarter mile radius from the current well or wells.
     (5) A water right holder may add or construct a replacement or new additional well or wells at a location outside the location of the original well or wells but not more than two miles from the current well or wells without application to the department for an amendment under the following conditions:
     (a) The provisions of subsection (3)(a) through (g) of this section are met;
     (b) The water right holder shall publish a legal notice describing the intention to add or construct the replacement or additional well or wells, the location of the proposed well or wells, and the amount or amounts of water to be withdrawn;
     (c) The notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the area in which the well or wells would be located;
     (d) The notice shall further state as follows: A water right holder wishing to assert a claim of potential quantity impairment may do so by filing a claim with the department of ecology within twenty days of the second publication date of the notice. The claim must describe how the addition or construction of a replacement or new additional well will cause potential quantity impairment to the water right holder's right;
     (e) Upon receipt of a claim under (d) of this subsection, the department shall investigate the claim and issue in writing a technical opinion limited to whether or not the quantity of the claimant's water right is likely to be impaired. The opinion is advisory only, is not binding, and is not appealable;
     (f) Following a claim investigation in accordance with (e) of this subsection, the person filing the claim and the water right holder shall attempt to resolve any potential impairment issues raised in the claim;
     (g) After a claimant has attempted to resolve any potential impairment issues in accordance with (f) of this subsection, the claimant may bring an action before the superior court in the county where the proposed new or additional well is to be located; and
     (h) The addition or construction of a replacement or new additional well or wells may begin sixty days after the publication date of the first notice under (c) of this subsection.