| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Agriculture & Natural Resources Committee | |
HB 1424
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Authorizing the department of ecology to adopt rules regulating certain rainwater collection facilities.
Sponsors: Representatives McCoy, VanDeWege and Chase.
Brief Summary of Bill |
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Hearing Date: 2/12/07
Staff: Jaclyn Ford (786-7339).
Background:
The Department of Ecology (DOE) permits the appropriation of water for beneficial use.
Construction projects such as building ditches or canals are also permitted through the DOE
[RCW 90.03.250].
Reservoir permits, also known as secondary permits, are also regulated by the DOE. These
permits include the collection of both surface water and underground water sources for use as
part of an underground artificial storage and recovery project [RCW 90.03.370].
Reservoir permits do not include facilities that capture and reuse return flow from irrigation
operations serving a single farm under an existing water right, under the same acreage. Small
lined irrigation impoundments less than 10 acre-feet in volume are also exempt from reservoir
permits [RCW 90.03.370].
Summary of Bill:
The DOE will adopt rules to specify conditions as to how facilities collecting over 300 gallons of
rainwater may be constructed and operated. The rules will take into consideration the protection
of existing water rights, water quality, and water quantity. Annual rainfall, population density,
and the impact from the discharge from the facility will also be considered in the rules. In
developing the rules, the DOE will work with a broad group of parties to ensure understanding.
The rainwater collected does not require a water right, nor does it create a water right. The
owner of the rainwater must intend to put the stored water to beneficial use and manage the
water in compliance with the newly created rules. If a collection facility was previously
installed, the owner may continue to use the collection facility but must comply with all rules
adopted by the DOE.
Rainwater collected on an island where groundwater and surface water availability is limited by
saltwater intrusion does not require a permit to be obtained from the DOE.
The DOE will report to the Legislature by December 31, 2008 on the proposed implementation
of their rules. By June 1, 2009, the DOE will adopt their final rules for rainwater collection.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.