BILL REQ. #:  H-1173.2 

Read first time 01/27/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to wells on lands adjacent to the Maury Island aquatic reserve; amending RCW 90.44.050 and 78.44.380; and adding a new section to chapter 78.44 RCW.

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

Sec. 1   RCW 90.44.050 and 2003 c 307 s 1 are each amended to read as follows:
     (1) After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public groundwaters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of groundwaters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.
     (2)(a)(i) Any permit exempt well located on an industrial or mining site adjacent to the Maury Island aquatic reserve, created by order of the commissioner on November 8, 2004, must meter daily withdrawals of groundwater.
     (ii) A withdrawal report must be submitted to the department every month indicating the daily withdrawal amounts of groundwater from the permit exempt wells.
     (b) The department, in consultation with the department of natural resources, is required to suspend all privileges associated with the withdrawal of groundwater from a permit exempt well located on an industrial or mining site adjacent to the Maury Island aquatic reserve, if:
     (i) Water withdrawals are in excess of five thousand gallons per day for any five days over a six-month period;     
     (ii) There are reductions in spring flow, aquifer level, or a combination of the two, of more than five percent in the affected aquifers or springs; or
     (iii) There is a five percent or more decrease in the water level in any of the monitoring wells on or surrounding the industrial or mining site.
     (c) If there are reductions in the spring flow, aquifer level, or a combination of the two, of more than five percent in the affected aquifers or springs, the department must make a determination of cause, and suspend all privileges associated with the withdrawal of groundwater from a permit exempt well until flows return to the January 1, 2009, levels.

Sec. 2   RCW 78.44.380 and 2007 c 192 s 3 are each amended to read as follows:
     (1) The department may issue an order to stop all surface mining to any permit holder, miner, or other person who authorizes, directs, or conducts such activities without a valid surface mine reclamation permit or compliance with subsection (4) of this section. This order is effective upon issuance unless otherwise stated in the order. Administrative appeal of the order to stop work does not stay the stop work requirement. The department shall notify the local jurisdiction of record when a stop work order has been issued for operating without a valid reclamation permit.
     (2) The department may issue an order to stop surface mining occurring outside of any permit area to a permit holder that does not have a legal right to occupy the affected area. This order is effective upon issuance unless otherwise stated in the order. An administrative appeal of the order to stop work does not stay the stop work requirement.
     (3) Where a permit holder is conducting surface mining activities outside of its permit boundary, but within land that it has the right to occupy, the department may issue an order to stop surface mining or mining-related activities occurring outside of the authorized area after the permit holder fails to comply with a notice of correction. The notice of correction must specify the corrections necessary as per the violation and provide a reasonable time to do so. This order is effective upon issuance unless otherwise stated in the order. An administrative appeal of the order to stop work does not stay the stop work requirement.
     (4) The department is required to issue an order to stop surface mining if:
     (a) Any permit exempt well, as authorized by RCW 90.44.050, located on an industrial or mining site adjacent to the Maury Island aquatic reserve, created by order of the commissioner on November 8, 2004, has water withdrawals in excess of five thousand gallons per day for any five days over a six-month period;     
     (b) There are reductions in the spring flow, aquifer level, or a combination of the two, of more than five percent in the affected aquifers or springs; or
     (c) There is a five percent or more decrease in the water level in any of the monitoring wells on or surrounding the industrial or mining site.
     (5) Stop work orders must be in writing, delivered by United States certified mail with return receipt requested, facsimile, or by hand to the permit holder of record. The order must state the facts supporting the violation, the law being violated, and the specific activities being stopped. Stop work orders must be signed by the state geologist or an assistant state geologist. The department shall proceed as quickly as feasible to complete any requested adjudicative proceedings unless the parties stipulate to an appeal timeline or the department's stop work order states that it is not effective until after the administrative review process. If the recipient appeals the order, the recipient may file a motion for stay with the presiding officer, which will be reviewed under preliminary injunction standards.

NEW SECTION.  Sec. 3   A new section is added to chapter 78.44 RCW to read as follows:
     Any mine located on land adjacent to the Maury Island aquatic reserve that is in excess of twenty-five acres must provide a corporate surety bond in an amount sufficient to replace any water systems that supply water to all properties within hydrologic continuity of the mine whose water supply may be impacted by mining activity.