BILL REQ. #:  H-4102.2 

Prefiled 01/08/10. Read first time 01/11/10.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to exempting certain diversions of surface waters for agricultural purposes from the permit process; and adding a new section to chapter 90.03 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.03 RCW to read as follows:
     (1) The legislature finds that increased demand for water supplies in the state requires the state to manage its water resources wisely and that wise management includes examining innovative policies for maximizing use while minimizing the impact of that use. The legislature declares that one such innovative policy is allowing the withdrawal of freshwater from larger rivers just before the water would otherwise mix with marine water and become salty. The Skagit river watershed is designated by the legislature as a pilot project area to implement and evaluate this new policy approach. To permit the state to adequately implement such a policy, the legislature authorizes as an exemption from the normal permitting process such uses for agricultural purposes as provided in this section.
     (2) A diversion of water from the Skagit river for agricultural purposes made as authorized by this section is exempt from the application and permit requirements of RCW 90.03.250 through 90.03.320 if the diversion is made within the tidally influenced portion of the river, which for the purposes of this section shall be from the confluence point of the river with marine water upstream to the first available presently existing permanent United States geological survey real-time stream flow measurement station (Station No. 12-2005-00) that is located at river mile 15.7 near Mt. Vernon. Such a diversion is subject to all other applicable state law.
     (3) Before a diversion of water for agricultural purposes is made under this section, the person requesting the diversion shall notify the department in writing of the intent to divert water, the location of the point of diversion, and the annual and instantaneous amount of water to be diverted. Upon receipt of the notification, the department shall provide a letter to the person proposing the diversion within seven working days confirming that the diversion is in conformance with the provisions of this section. If a response has not been provided by the department, the diversion is deemed authorized and may begin once the department response period has expired.
     (4) The total amount of water diverted for agricultural purposes under this section shall be not more than one-tenth of one percent of the minimum instantaneous flow or river level established by preexisting rule.
     (5) The right for the diversion established under this section is equal to that established by a permit issued under this chapter, and is subject to restriction necessary to protect minimum instream flows or water levels as established by preexisting rule.
     (6) The department shall compile the information provided under this section for diversions and make information available upon request. The department shall evaluate the effects and effectiveness of diversions made under this section and report its findings to the appropriate committees of the legislature by January 1, 2014.