BILL REQ. #:  S-1701.1 

READ FIRST TIME 02/21/03.   

     AN ACT Relating to withdrawals of public ground waters; and amending RCW 90.44.035.

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

Sec. 1   RCW 90.44.035 and 2000 c 98 s 2 are each amended to read as follows:
     For purposes of this chapter:
     (1) "Department" means the department of ecology;
     (2) "Director" means the director of ecology;
     (3) "Ground waters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural ground water and artificially stored ground water;
     (4) "Natural ground water" means water that exists in underground storage owing wholly to natural processes;
     (5) "Artificially stored ground water" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural processes; ((and))
     (6) "Underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a ground water subarea is established; and
     (7) "Single or group domestic use" means any beneficial use of ground water for individual homesites, regardless of whether the homesite was or is to be developed individually or as part of a larger project, and regardless of whether the means of withdrawal is shared with other homesites.