BILL REQ. #:  S-0286.1 

Read first time 01/13/2003.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to public ground water; 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, 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 (4) of this section, an amendment to 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the ((manner)) purpose or place of use of the water, or to change the body of public ground water from which water is withdrawn shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application.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 as the original well or wells)) be located in the same water resource inventory area; (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 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)) increase the annual quantity of the right 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 construction of a replacement or new additional well or wells, used for purposes other than municipal or domestic supply, 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 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)) increase the annual quantity of the right conveyed by the original water use permit or certificate; (d) the 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) The construction of a replacement or a new additional well or wells, used for municipal or domestic supply, at a location within two miles of the location of the original well or wells must be allowed without application to the department for an amendment. However, the following apply to such a replacement or additional well or wells:
     (a) The well shall tap the same body of public ground water as the original well or wells;
     (b) The use of the replacement or redundancy well or wells will cause no greater effect on surface waters than full exercise of the water right at the location of the original well or wells;
     (c) The use of the replacement or redundancy well or wells will cause no greater effect than the full exercise of the water right at the location of the original well or wells on another well within the same body of public ground water;
     (d) If a replacement well or wells is constructed, the use of the original well or wells must be properly decommissioned as required under chapter 18.104 RCW;
     (e) If a new additional well or wells is constructed, the original well or wells may continue to be used, but the combined withdrawal from the original and additional well or wells may not increase the annual quantity of the right conveyed by the original water use permit or certificate;
     (f) The department may specify an approved manner of construction of the well or wells; and
     (g) The department shall require a showing of compliance with the conditions of this subsection.
     (5) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.