BILL REQ. #:  H-1982.1 

Read first time 02/17/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to improving water management; amending RCW 43.27A.130; reenacting and amending RCW 90.14.140; adding a new section to chapter 90.54 RCW; creating a new section; and recodifying RCW 43.27A.130.

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

Sec. 1   RCW 90.14.140 and 2001 c 240 s 1, 2001 c 237 s 27, and 2001 c 69 s 5 are each reenacted and amended to read as follows:
     (1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:
     (a) Drought, or other unavailability of water;
     (b) Active service in the armed forces of the United States during military crisis;
     (c) Nonvoluntary service in the armed forces of the United States;
     (d) The operation of legal proceedings;
     (e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;
     (f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas;
     (g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitation and temperature, that warranted the reduction in water use, so long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right;
     (h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes;
     (i) Water conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103-434;
     (j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawal of water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientific community; ((or))
     (k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be relinquished if the remaining portion of the water continues to be beneficially used; or
     (l) Waiting for a final determination from the department on a change application filed under RCW 90.03.250, 90.03.380, or 90.44.100.
     (2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:
     (a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW;
     (b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply;
     (c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later;
     (d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW;
     (e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030;
     (f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100;
     (g) If such a right or portion of the right is authorized for a purpose that is satisfied by the use of agricultural industrial process water as authorized under RCW 90.46.150; or
     (h) If such right is a trust water right under chapter 90.38 or 90.42 RCW.
     (3) In adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised.

Sec. 2   RCW 43.27A.130 and 1988 c 127 s 26 are each amended to read as follows:
     (1) The department of ecology may make complete inventories of the state's water resources and enter into such agreements with the director of the United States geological survey as will ((insure)) ensure that investigations and surveys are carried on in an economical manner.
     (2) The department of ecology shall enhance the ambient groundwater and surface water monitoring and assessment program in order to accurately estimate the surface and groundwater used in a given basin, characterize long-term trends in the state's groundwater and surface water resource quantity, and evaluate surface stream flows and aquifer levels. The program may be enhanced in phases and must include but is not limited to:
     (a) Standardizing methods, quality assurance, and data management practices for measuring groundwater and surface water levels;
     (b) Migrating existing data to a central database;
     (c) Expanding and supporting current ambient monitoring activities and quality; and
     (d) Creating a central database and migrating existing department of ecology and water resource inventory areas data to the central database by June 2010.

NEW SECTION.  Sec. 3   RCW 43.27A.130 is recodified as a section in chapter 90.54 RCW.

NEW SECTION.  Sec. 4   (1) By June 30, 2010, the department of ecology shall prepare a data gap analysis that evaluates existing groundwater information on water levels and water quality within each water resource inventory area of the state. The analysis must include:
     (a) A summary of historic and current monitoring of ambient groundwater and surface water levels and water quality across the state;
     (b) An evaluation of the completeness and quality of the data and conclusions produced from such monitoring;
     (c) An identification of basins where water quantity levels are of concern but no monitoring is being conducted;
     (d) An evaluation and recommendations for quality controls and other protocols associated with data collection and management;
     (e) A compilation and summary of existing studies of groundwater and surface water levels, water quality, and monitoring activities; and
     (f) Recommendations on the components necessary to establish a comprehensive, statewide ambient groundwater and surface water monitoring and assessment program and the funding necessary to implement the program.
     (2) The department of ecology must submit the data gap analysis to the relevant policy committee of the senate and house of representatives.