BILL REQ. #:  S-0184.1 

Read first time 01/13/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to allowing the department of ecology to permit by rule certain water storage facilities; and amending RCW 90.03.250.

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

Sec. 1   RCW 90.03.250 and 1987 c 109 s 83 are each amended to read as follows:
     (1) Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department((: PROVIDED, That)).
     (2) A temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department((: PROVIDED, FURTHER, That)).
     (3) Nothing in this chapter ((contained)) shall be deemed to affect RCW 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 the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.
     (4) The department may permit by rule, under conditions appropriate to the water resources inventory area, the use of rain barrels and cisterns to collect rainwater intended to be put to a beneficial use on the same property where the rainwater is captured.