BILL REQ. #:  H-3178.2 

Prefiled 12/15/11. Read first time 01/09/12.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to water resource management on the main stem of the Columbia and Snake rivers to promote the production of biofuel crops and organic crops; and adding a new section to chapter 90.90 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.90 RCW to read as follows:
     (1) The legislature finds that:
     (a) There is sufficient water in the Columbia river mainstem and the lower Snake river mainstem to establish an allocation of one hundred thousand acre feet of water annually to be available for appropriation for biofuel crop irrigation and organic crop irrigation without harming instream resources;
     (b) A program that makes water available for biofuel crop irrigation and organic crop irrigation will provide significant environmental and economic benefits for the state; and
     (c) As authorized in this section, new water withdrawals for biofuel crop irrigation and organic crop irrigation must reach one hundred thousand acre feet. By 2018, the legislature must review the economic and environmental benefits resulting from this authorization and determine whether there is a need to increase the amount of water allocated under this section, taking into account cumulative withdrawals from water rights issued under this chapter and the broader water code.
     (2) Notwithstanding any other provision in this chapter, an allocation of an annual aggregate of one hundred thousand acre feet of water from the Columbia river mainstem and the lower Snake river mainstem is established in perpetuity. The waters allocated under this section must be available for appropriation and use for biofuel crop irrigation and organic crop irrigation. The department is authorized and directed to issue new permits and certificates for the uninterruptible appropriation and use of the water allocated under this section, but solely for the purpose of biofuel crop irrigation and organic crop irrigation.
     (3) For the avoidance of doubt, no application, permit, or certificate to appropriate and use waters pursuant to this section may be denied or conditioned to be interruptible on the grounds that such a denial or condition is necessary to satisfy the instream flow or no net loss requirements, or any other state law or rule. In addition, except as specifically provided in this section, water allocated under the provisions of this section and permits and certificates issued pursuant to this section are deemed as not requiring any further mitigation and the allocation of water under this section and permits and certificates issued pursuant to this section are deemed to satisfy all consultation requirements under state law related to the issuance of new water rights.
     (4) Any person may apply for a permit to appropriate waters allocated under this section. The following terms and conditions apply to permits and certificates issued pursuant to this section:
     (a) Water withdrawal locations included in permits and certificates issued pursuant to this section must be within the Columbia river mainstem or the lower Snake river mainstem as defined in RCW 90.90.030(12).
     (b) Waters appropriated under this section must be for biofuel crop irrigation or organic crop irrigation use within the Columbia Basin area.
     (c) Except as modified and limited by this section, water rights issued under the biofuel or organic crop irrigation designation are subject to existing provisions required under the current water code.
     (d) Permits for the use of waters for biofuel crop irrigation and organic crop irrigation must include a specific designation of the acreage where the water is to be used and the number of acres to be irrigated. Changes in the place of use must be approved, provided that the number of irrigated acres may not be increased and the change does not impair any existing senior water right. No change to a use other than biofuel crop irrigation or organic crop irrigation may be approved.
     (e) The total water duty for the biofuel crops and organic crops grown, using an appropriation under this section, is limited to no more than 2.8 acre feet per acre (for a single seasonal crop), unless crop duties can be empirically verified to require a higher level crop duty.
     (f) The new water rights issued pursuant to this section may be used with other water rights to establish suitable, multiyear crop rotations for long-term production needs.
     (g) Except as modified and limited by this section, standard provisions included in permits and certificates, such as providing water measuring and fish screens, must be included in permits and certificates issued pursuant to this section.
     (h) Applicants for a biofuel crop irrigation or organic crop irrigation water right under this section must agree, as a condition of the department issuing the new water right, that the total water duty for all existing water rights owned by the applicant be recalibrated using methodologies that have been jointly agreed upon by the department and the state's water conservancy boards as of the effective date of this section, and consistent with the current water code. This recalibration must be initiated upon issuance of the new biofuel or organic crop irrigation water rights. Data and technical information for recalibration of existing water rights must be submitted to the department by the applicant within one year after the applicant's receipt of the new water right or rights issued pursuant to this section. Recalibrated water rights must be reissued after the existing thirty-day appeal period for department water orders, with existing public/agency notification standards in place.
     (5) The implementation of this section is not limited to, but may be directly included under, voluntary regional agreements under RCW 90.90.030.
     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Department" means the department of ecology.
     (b) "Biofuel crop irrigation" means the use of water for the purpose of irrigating crops that are grown as feedstocks for the production of ethanol, biodiesel, or other types of engine, heating, or power generation fuels.
     (c) "Columbia river mainstem" has the same meaning as defined in RCW 90.90.030(12).
     (d) "Lower Snake river mainstem" has the same meaning as defined in RCW 90.90.030(12).
     (e) "Organic crop irrigation" means the use of water for the purpose of irrigating crops that are certified under United States department of agriculture or Washington state department of agriculture standards as "organic products" as defined in chapter 15.86 RCW or 7 C.F.R. part 205 (2011).
     (f) "Person" means any firm, association, water users' association, corporation, limited liability company, irrigation district, municipal corporation, or other legal entity, as well as an individual.