BILL REQ. #: S-3579.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/17/12. Referred to Committee on Agriculture, Water & Rural Economic Development.
AN ACT Relating to promoting job creation by ensuring access to human domestic water for home construction; amending RCW 90.54.120, 90.54.020, and 19.27.097; reenacting and amending RCW 90.54.050; and creating a new section.
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 human domestic needs. The legislature finds that
ready access to sufficient water to fulfill human domestic needs has
been and continues to be a fundamental public value.
(2) Further, the legislature finds that state and local governments
have established and fund a vast array of environmental and habitat
improvement and acquisition programs that provide environmental
benefits that far exceed any impact from de minimis uses of groundwater
in rural areas for essential human domestic needs. 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 reaffirm statutory policy
that in rural areas not served by a public water system, water for
homes be readily available and thereby encourage jobs in, and stimulus
to, the home construction industry, which produces revenues to support
state and local governmental programs and services, including
environmental and habitat improvements funded by state and local
governments.
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) "Human domestic water use" means potable water to satisfy the
needs of a household, including water used for drinking, bathing,
sanitary purposes, cooking, laundering, maintenance of vegetation, care
of household pets and incidental livestock, and other incidental uses.
(3) "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) Adequate and safe supplies of water shall be preserved and
protected in potable condition to satisfy human domestic needs.
Regulations for water resource inventory areas established under RCW
90.54.040 that receive an average of greater than thirty inches of
precipitation annually may not constrain groundwater usage per day per
dwelling unit to less than three hundred fifty gallons to satisfy human
domestic water needs in areas not currently served by existing wells or
by a public water system.
(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 shall quantify in each water resource
inventory area the environmental benefits that result from investments
by federal, state, and local governments in tax-supported
environmental, water use efficiency, and habitat programs. 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) 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)) 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 credit for the recharge of groundwaters by home septic
systems for indoor water uses based upon national studies that quantify
the amount of recharge provided by home septic systems; (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, distance of the well from surface water bodies, season of
use, rainfall, and temperature; and (c) authorizing the reestablishment
of the management policy of de minimis impact to limit excessive costs
to the state and its citizens and to allow reasonable use by the public
of the public's water.
(10) Expressions of the public interest will be sought at all
stages of water planning and allocation discussions.
(11) 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:
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) Reserve and set aside waters for beneficial utilization in the
future, and
(2) 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. In withdrawing water of the state from additional
appropriation under this title in water resource inventory areas that
receive an average of greater than thirty inches of precipitation
annually, the department shall not constrain access to groundwater
sufficient to satisfy human domestic water needs in areas not currently
served by a public water system to less than three hundred fifty
gallons per day per dwelling unit. 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.
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.
Sec. 5 RCW 19.27.097 and 2010 c 271 s 302 are each amended to
read as follows:
(1) 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. For building permits for single-family dwellings not served by an existing public water system that
will utilize on-site septic systems, the applicant satisfies the
requirements of this section by submitting a signed declaration of
intent to comply with RCW 90.54.020(5). For other building permits
that require a water right permit, an application for a water right
shall not be sufficient proof of an adequate water supply.
(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.