State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to promoting job creation by ensuring access to domestic water for home construction; amending RCW 90.54.120, 90.54.020, and 19.27.097; reenacting and amending RCW 90.54.050; adding a new section to chapter 90.44 RCW; adding a new section to chapter 90.54 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the water
resources act of 1971, chapter 90.54 RCW, contains a list of water
policy fundamentals that are to guide the state's water management
agency in adopting basin rules to allocate the water resources of the
state. In effect since 1971, the unprioritized list of water policy
fundamentals include: (a) The allocation of water among potential uses
and users is to be based on securing the maximum net benefits to the
state; and (b) that adequate supplies of water are to be preserved and
protected to satisfy domestic needs. The legislature finds that ready
access to sufficient water to fulfill domestic needs has been and
continues to be a fundamental public value. The legislature finds that
some basin rules adopted or amended after 2006 for areas in the state
with moderate to heavy rainfall do not provide adequate water to
fulfill the directive of providing adequate water to satisfy domestic
needs in rural areas, and instead constrain water use more
restrictively than in other basins with similar conditions and levels
of precipitation.
(2) Further, the legislature finds that state and local governments
have established and funded a vast array of environmental and habitat
improvement and acquisition programs and that these programs can and
should provide environmental, habitat, and instream flow benefits where
needed. The legislature acknowledges that the availability of state
and local funding for these environmental and habitat programs is
dependent on the tax revenues generated by the home construction
industry and that available funding has dropped as home construction
has declined dramatically in recent years.
(3) The purpose of this legislation is to promote reasonable use by
the public of the public's water to ensure that sufficient water to
serve essential domestic needs be readily available for homes in rural
areas where public water service is not readily available. An
additional purpose of this legislation is to encourage jobs in, and
stimulus to, the home construction industry, in order to produce
revenues to support state and local governmental programs and services,
including environmental and habitat improvements funded by state and
local governments.
(4) The legislature finds that the Columbia river basin water
supply program, chapter 90.90 RCW, has provided a successful model to
addressing the needs of both instream and out-of-stream water needs in
that basin. It is the intent of the legislature to establish a similar
approach to addressing water supply needs in rural areas within the
Skagit river basin.
(5) For the reasons stated in this section, the intent of the
legislature is for this act to be remedial in nature and apply
retroactively and prospectively to basin rules adopted or amended under
chapters 90.22 and 90.54 RCW after January 1, 2006, for the Skagit
river basin. It is also the intent of the legislature for this act to
allow people in rural areas in the Skagit river basin to move forward
with construction of their homes in a manner that is sufficiently
protective of instream resources and water right holders. It is also
the intent of the legislature to provide funding for more coordinated
and effective mechanism to protect and, where possible, enhance impacts
to stream flows for fish.
Sec. 2 RCW 90.54.120 and 1971 ex.s. c 225 s 13 are each amended
to read as follows:
For the purposes of this chapter, unless the context is clearly to
the contrary, the following definitions shall be used:
(1) "Department" means department of ecology.
(2) "Domestic water use" means potable water to satisfy the needs
of a household, including water used for drinking, bathing, sanitary
purposes, cooking, laundering, watering a lawn and noncommercial
garden, care of household pets, and other incidental uses.
(3) "Skagit river basin" means water resource inventory areas
numbers 3 and 4 established under chapter 173-500 WAC.
(4) "Utilize" or "utilization" shall not only mean use of water for
such long recognized consumptive or nonconsumptive beneficial purposes
as domestic, stock watering, industrial, commercial, agricultural,
irrigation, hydroelectric power production, thermal power production,
mining, recreational, maintenance of wildlife and fishlife purposes,
but includes the retention of water in lakes and streams for the
protection of environmental, scenic, aesthetic and related purposes,
upon which economic values have not been placed historically and are
difficult to quantify.
Sec. 3 RCW 90.54.020 and 2007 c 445 s 8 are each amended to read
as follows:
Utilization and management of the waters of the state shall be
guided by the following general declaration of fundamentals:
(1) Uses of water for domestic, stock watering, industrial,
commercial, agricultural, irrigation, hydroelectric power production,
mining, fish and wildlife maintenance and enhancement, recreational,
and thermal power production purposes, and preservation of
environmental and aesthetic values, and all other uses compatible with
the enjoyment of the public waters of the state, are declared to be
beneficial.
(2) Allocation of waters among potential uses and users shall be
based generally on the securing of the maximum net benefits for the
people of the state. Maximum net benefits shall constitute total
benefits less costs including opportunities lost.
(3) The quality of the natural environment shall be protected and,
where possible, enhanced as follows:
(a) Perennial rivers and streams of the state shall be retained
with base flows necessary to provide for preservation of wildlife,
fish, scenic, aesthetic and other environmental values, and
navigational values. Lakes and ponds shall be retained substantially
in their natural condition. Withdrawals of water which would conflict
therewith shall be authorized only in those situations where it is
clear that overriding considerations of the public interest will be
served.
(b) Waters of the state shall be of high quality. Regardless of
the quality of the waters of the state, all wastes and other materials
and substances proposed for entry into said waters shall be provided
with all known, available, and reasonable methods of treatment prior to
entry. Notwithstanding that standards of quality established for the
waters of the state would not be violated, wastes and other materials
and substances shall not be allowed to enter such waters which will
reduce the existing quality thereof, except in those situations where
it is clear that overriding considerations of the public interest will
be served. Technology-based effluent limitations or standards for
discharges for municipal water treatment plants located on the
Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted
to reflect credit for substances removed from the plant intake water
if:
(i) The municipality demonstrates that the intake water is drawn
from the same body of water into which the discharge is made; and
(ii) The municipality demonstrates that no violation of receiving
water quality standards or appreciable environmental degradation will
result.
(4) The development of multipurpose water storage facilities shall
be a high priority for programs of water allocation, planning,
management, and efficiency. The department, other state agencies, and
local governments((, and planning units formed under section 107 or 108
of this act)) shall evaluate the potential for the development of new
storage projects and the benefits and effects of storage in reducing
damage to stream banks and property, increasing the use of land,
providing water for municipal, industrial, agricultural, power
generation, and other beneficial uses, and improving stream flow
regimes for fisheries and other instream uses.
(5)(a) Adequate and safe supplies of water shall be preserved and
protected in potable condition to satisfy ((human)) domestic water use
needs.
(b) Rules adopted by the department under this chapter for the
Skagit river basin may not constrain new groundwater withdrawals for
domestic uses to less than three hundred fifty gallons per day per
dwelling unit, if the dwelling utilizes an on-site septic system and a
water supply from a public water system cannot be provided pursuant to
RCW 43.20.260.
(6) Multiple-purpose impoundment structures are to be preferred
over single-purpose structures. Due regard shall be given to means and
methods for protection of fishery resources in the planning for and
construction of water impoundment structures and other artificial
obstructions.
(7) Federal, state, and local governments, individuals,
corporations, groups, and other entities shall be encouraged to carry
out practices of conservation as they relate to the use of the waters
of the state. The department may list or quantify by water resource
inventory area the instream flow, groundwater recharge, and fish
habitat improvements that result from investments by federal, state,
and local governments in tax-supported programs. The department may
apply for funding from state and federal sources for projects and
activities that enhance flow and habitat conditions in rivers and
streams to address areas of concern including those that arise from the
use of water authorized under subsection (5)(b) of this section.
(8)(a) Funding provided to the department's water acquisition
program to offset impacts to stream flows in rural areas, including
those that result from subsection (5)(b) of this section, must be used
to protect, and where possible enhance, instream flows in rural areas
by acquiring water rights, incentivizing water conservation, and low
impact development practices, and promoting any other instream flow
enhancement projects, including but not limited to collection,
retention, and release of rainwater, constructing ponds, wetlands, and
other water impoundments, and storm water infiltration.
(b) The department shall permanently dedicate water developed or
acquired for the purposes in (a) of this subsection to the state's
trust water rights program, chapter 90.42 RCW. The department shall
give preference to instream flow improvement proposals in the Skagit
river basin.
(9) In addition to traditional development approaches, improved
water use efficiency, conservation, and use of reclaimed water shall be
emphasized in the management of the state's water resources and in some
cases will be a potential new source of water with which to meet future
needs throughout the state. Use of reclaimed water shall be encouraged
through state and local planning and programs with incentives for state
financial assistance recognizing programs and plans that encourage the
use of conservation and reclaimed water use, and state agencies shall
continue to review and reduce regulatory barriers and streamline
permitting for the use of reclaimed water where appropriate.
(((8))) (10) Development of water supply systems, whether publicly
or privately owned, which provide water to the public generally in
regional areas within the state shall be encouraged. Development of
water supply systems for multiple domestic use which will not serve the
public generally shall be discouraged where water supplies are
available from water systems serving the public.
(((9) Full)) (11) Proper and pragmatic recognition shall be given
in the administration of water allocation and use programs to the
natural interrelationships of surface and groundwaters including: (a)
Providing recognition for the recharge of groundwaters by home septic
systems for indoor water uses; and (b) providing recognition that there
are widely varying degrees of potential impact to surface water from
groundwater withdrawals that are generally less than a one-to-one ratio
depending on a number of factors including, but not limited to, the
geology and porosity of underground formations, well depth, withdrawing
water from deeper aquifers rather than shallow aquifers, distance of
the well from surface water bodies, season of use, rainfall, and
temperature.
(((10))) (12) Expressions of the public interest will be sought at
all stages of water planning and allocation discussions.
(((11))) (13) Water management programs, including but not limited
to, water quality, flood control, drainage, erosion control and storm
runoff are deemed to be in the public interest.
Sec. 4 RCW 90.54.050 and 1997 c 439 s 2 and 1997 c 32 s 3 are
each reenacted and amended to read as follows:
(1)(a) In conjunction with the programs provided for in RCW
90.54.040(1), whenever it appears necessary to the director in carrying
out the policy of this chapter, the department may by rule adopted
pursuant to chapter 34.05 RCW:
(((1))) (i) Reserve and set aside waters for beneficial utilization
in the future, and
(((2))) (ii) When sufficient information and data are lacking to
allow for the making of sound decisions, withdraw various waters of the
state from additional appropriations until such data and information
are available.
(b) In reserving and setting aside water in accordance with (a)(i)
of this subsection, and in withdrawing waters of the state from
additional appropriation under this title, any action under this
section shall be consistent with the directive in RCW 90.54.020(5)(b).
Before proposing the adoption of rules to withdraw waters of the state
from additional appropriation, the department shall consult with the
standing committees of the house of representatives and the senate
having jurisdiction over water resource management issues.
(2) Prior to the adoption of a rule under this section, the
department shall conduct a public hearing in each county in which
waters relating to the rule are located. The public hearing shall be
preceded by a notice placed in a newspaper of general circulation
published within each of said counties. Rules adopted hereunder shall
be subject to review in accordance with the provisions of RCW
34.05.240.
NEW SECTION. Sec. 5 A new section is added to chapter 90.44 RCW
to read as follows:
(1) Each parcel of property that is located within the Skagit river
basin is entitled to a withdrawal of public groundwater for domestic
uses in an amount not less than three hundred fifty gallons per day per
dwelling unit, if the dwelling utilizes an on-site septic system and a
water supply from a public water system cannot be provided pursuant to
RCW 43.20.260, and, to the extent 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.
(2) Nothing in chapter . . ., Laws of 2012 (this act) is intended
to alter, limit, impair, or amend the ability to withdraw water
otherwise allowed under the exemption provided in RCW 90.44.050.
NEW SECTION. Sec. 6 A new section is added to chapter 90.54 RCW
to read as follows:
(1) Each parcel of property that is located within the Skagit river
basin is entitled to a withdrawal of public groundwater for domestic
uses in an amount not less than three hundred fifty gallons per day per
dwelling unit, if the dwelling utilizes an on-site septic system and a
water supply from a public water system cannot be provided pursuant to
RCW 43.20.260, and, to the extent it is regularly used beneficially,
shall be entitled to a right equal to that established by a permit
issued under the provisions of chapter 90.44 RCW.
(2) Nothing in chapter . . ., Laws of 2012 (this act) is intended
to alter, limit, impair, or amend the ability to withdraw water
otherwise allowed under the exemption provided in RCW 90.44.050.
Sec. 7 RCW 19.27.097 and 2010 c 271 s 302 are each amended to
read as follows:
(1)(a) Each applicant for a building permit of a building
necessitating potable water shall provide evidence of an adequate water
supply for the intended use of the building. Evidence may be in the
form of a water right permit from the department of ecology, a letter
from an approved water purveyor stating the ability to provide water,
or another form sufficient to verify the existence of an adequate water
supply. In addition to other authorities, the county or city may
impose conditions on building permits requiring connection to an
existing public water system where the existing system is willing and
able to provide safe and reliable potable water to the applicant with
reasonable economy and efficiency. An application for a water right
shall not be sufficient proof of an adequate water supply.
(b) For building permits in the Skagit river basin, for single-family dwellings that will utilize an on-site septic system and where
water supply from a public water system cannot be provided pursuant to
RCW 43.20.260, the applicant satisfies the requirement to show that
water is legally available by submitting a signed declaration of intent
to comply with RCW 90.54.020(5)(b). In addition, the local
jurisdiction may require proof that water is physically available and
that it meets applicable drinking water quality standards.
(2) Within counties not required or not choosing to plan pursuant
to RCW 36.70A.040, the county and the state may mutually determine
those areas in the county in which the requirements of subsection (1)
of this section shall not apply. The departments of health and ecology
shall coordinate on the implementation of this section. Should the
county and the state fail to mutually determine those areas to be
designated pursuant to this subsection, the county may petition the
department of ((general administration)) enterprise services to mediate
or, if necessary, make the determination.
(3) Buildings that do not need potable water facilities are exempt
from the provisions of this section. The department of ecology, after
consultation with local governments, may adopt rules to implement this
section, which may recognize differences between high-growth and low-growth counties.
NEW SECTION. Sec. 8 Sections 3(5) and 4(3) of this act apply
retroactively to January 1, 2001, as well as prospectively.