1376.EAMSNRAMS2927.1EHB 1376S COMM AMDBy Committee on Natural Resources, Energy & WaterADOPTED AS AMENDED 04/17/2003 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 90.03.250 and 1987 c 109 s 83 are each amended toread as follows: (1) Any person, municipal corporation, firm, irrigation district,association, corporation, or water users' association hereafterdesiring to appropriate water for a beneficial use shall make anapplication to the department for a permit to make such appropriation,and shall not use or divert such waters until he or she has received apermit from the department as in this chapter provided. Theconstruction of any ditch, canal, or works, or performing any work inconnection with said construction or appropriation, or the use of anywaters, shall not be an appropriation of such water nor an act for thepurpose of appropriating water unless a permit to make saidappropriation has first been granted by the department((: PROVIDED,That)). (2) A temporary permit may be granted upon a proper showing made tothe department to be valid only during the pendency of such applicationfor a permit unless sooner revoked by the department((: PROVIDED,FURTHER, That)). (3) Nothing in this chapter ((contained)) shall be deemed to affectRCW 90.40.010 through 90.40.080 except that the notice and certificate((therein)) provided for in RCW 90.40.030 shall be addressed to thedepartment, and the department shall exercise the powers and performthe duties prescribed by RCW 90.40.030. (4) No permit is required to capture or use water in rain barrels,cisterns, constructed ponds, or other storm water facilities forcapturing runoff from residential, commercial, or industrialproperties, or from public facilities, regardless of whether thecaptured water is put to beneficial use. The captured water may not be 1 transferred to or used in a water resource inventory area (WRIA), asdefined in RCW 90.82.020, other than the water resource inventory areain which the water is captured, and may not be stored in a manner thatcreates a public nuisance as specified in RCW 17.28.170.Sec. RCW 90.03.370 and 2002 c 329 s 10 are each amended to readas follows: (1)(a) All applications for reservoir permits are subject to theprovisions of RCW 90.03.250 through 90.03.320. But the party orparties proposing to apply to a beneficial use the water stored in anysuch reservoir shall also file an application for a permit, to be knownas the secondary permit, which shall be in compliance with theprovisions of RCW 90.03.250 through 90.03.320. Such secondaryapplication shall refer to such reservoir as its source of water supplyand shall show documentary evidence that an agreement has been enteredinto with the owners of the reservoir for a permanent and sufficientinterest in said reservoir to impound enough water for the purposes setforth in said application. When the beneficial use has been completedand perfected under the secondary permit, the department shall take theproof of the water users under such permit and the final certificate ofappropriation shall refer to both the ditch and works described in thesecondary permit and the reservoir described in the primary permit.The department may accept for processing a single application formcovering both a proposed reservoir and a proposed secondary permit orpermits for use of water from that reservoir. (b) The department shall expedite processing applications for thefollowing types of storage proposals: (i) Development of storage facilities that will not require a newwater right for diversion or withdrawal of the water to be stored; (ii) Adding or changing one or more purposes of use of storedwater; (iii) Adding to the storage capacity of an existing storagefacility; and (iv) Applications for secondary permits to secure use from existingstorage facilities. (c) A secondary permit for the beneficial use of water shall not be 2 required for use of water stored in a reservoir where the water rightfor the source of the stored water authorizes the beneficial use. (2)(a) For the purposes of this section, "reservoir" includes, inaddition to any surface reservoir, any naturally occurring undergroundgeological formation where water is collected and stored for subsequentuse as part of an underground artificial storage and recovery project.To qualify for issuance of a reservoir permit an underground geologicalformation must meet standards for review and mitigation of adverseimpacts identified, for the following issues: (i) Aquifer vulnerability and hydraulic continuity; (ii) Potential impairment of existing water rights; (iii) Geotechnical impacts and aquifer boundaries andcharacteristics; (iv) Chemical compatibility of surface waters and ground water; (v) Recharge and recovery treatment requirements; (vi) System operation; (vii) Water rights and ownership of water stored for recovery; and (viii) Environmental impacts. (b) Standards for review and standards for mitigation of adverseimpacts for an underground artificial storage and recovery projectshall be established by the department by rule. Notwithstanding theprovisions of RCW 90.03.250 through 90.03.320, analysis of eachunderground artificial storage and recovery project and eachunderground geological formation for which an applicant seeks thestatus of a reservoir shall be through applicantinitiated studiesreviewed by the department. (3) For the purposes of this section, "underground artificialstorage and recovery project" means any project in which it is intendedto artificially store water in the ground through injection, surfacespreading and infiltration, or other departmentapproved method, and tomake subsequent use of the stored water. However, (a) this subsectiondoes not apply to irrigation return flow, or to operational and seepagelosses that occur during the irrigation of land, or to water that isartificially stored due to the construction, operation, or maintenanceof an irrigation district project, or to projects involving waterreclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130applies to those instances of claimed artificial recharge occurring due 3 to the construction, operation, or maintenance of an irrigationdistrict project or operational and seepage losses that occur duringthe irrigation of land, as well as other forms of claimed artificialrecharge already existing at the time a ground water subarea isestablished. (4) Nothing in chapter 98, Laws of 2000 changes the requirements ofexisting law governing issuance of permits to appropriate or withdrawthe waters of the state. (5) The department shall report to the legislature by December 31,2001, on the standards for review and standards for mitigationdeveloped under subsection (3) of this section and on the status of anyapplications that have been filed with the department for undergroundartificial storage and recovery projects by that date. (6) Where needed to ensure that existing storage capacity iseffectively and efficiently used to meet multiple purposes, thedepartment may authorize reservoirs to be filled more than once peryear or more than once per season of use. (7) No permit is required to capture or use water in rain barrels,cisterns, constructed ponds, or other storm water facilities forcapturing runoff from residential, commercial, or industrialproperties, or from public facilities, regardless of whether thecaptured water is put to beneficial use. The captured water may not betransferred to or used in a water resource inventory area (WRIA), asdefined in RCW 90.82.020, other than the water resource inventory areain which the water is captured, and may not be stored in a manner thatcreates a public nuisance as specified in RCW 17.28.170. (8) This section does not apply to facilities to recapture andreuse return flow from irrigation operations serving a single farmunder an existing water right as long as the acreage irrigated is notincreased beyond the acreage allowed to be irrigated under the waterright that applies to the property. (9) In addition to the facilities exempted under subsection (8) ofthis section, this section does not apply to small irrigationimpoundments. For purposes of this subsection, "small irrigationimpoundments" means surface storage ponds less than ten acre feet involume used to impound irrigation water under an existing water rightwhere use of the impoundment: (a)(i) Facilitates efficient use of 4 water; or (ii) promotes compliance with an approved recovery plan forendangered or threatened species; and (b) does not expand the number ofacres irrigated or the annual consumptive quantity of water used.Water remaining in a small irrigation impoundment at the end of anirrigation season may be carried over for use in the next season;however, the limitations of this subsection (9) apply to such a carryover.EHB 1376S COMM AMDBy Committee on Natural Resources, Energy & WaterADOPTED AS AMENDED 04/17/2003 On page 1, line 2 of the title, after requirements; strike theremainder of the title and insert and amending RCW 90.03.250 and90.03.370.--- END --- 5