SENATE BILL REPORT

SB 5836

As of February 21, 2013

Title: An act relating to providing certainty for local governments on water resource decisions.

Brief Description: Providing certainty for local governments on water resource decisions.

Sponsors: Senator Honeyford.

Brief History:

Committee Activity: Agriculture, Water & Rural Economic Development: 2/21/13.

Staff: Bob Lee (786-7404)

Background: All groundwater withdrawals require an application and permit from the Department of Ecology (Department). Exemptions from this permit include any withdrawal of public groundwater for stock-watering purposes or for watering a lawn or a noncommercial garden less than one-half acre. Single or group domestic uses or industrial purposes in an amount not exceeding 5000 gallons per day are also exempt. Court rulings have held that a subdivision is only eligible to withdraw a total of 5000 gallons per day for the entire group under the applicable exemption.

The Department has exercised authority in certain basins or subbasins of the state to limit the uses of new exempt wells though adoption of rules under the 1971 Water Resources Act. Of the 62 basins in the state, approximately half have basin rules in effect.

The approval or denial of building subdivisions is generally a local government decision. In making that decision, a local government must consider if the public interest is served by the proposed subdivision and whether or not appropriate provisions will be made for public health, safety, the general welfare, and other considerations. One of these considerations is whether the proposed subdivision will have access to sufficient potable water.

As part of the 1990 Growth Management Act, before a building permit is issued, the local government must require the applicant to provide evidence of an adequate water supply for the intended use of the building. The evidence may be a water right permit from the Department, a letter from an approved water purveyor stating their ability to provide water, or another form sufficient to verify the existence of an adequate water supply.

Court rulings have interpreted these statutes to require the local government to determine whether a water supply is legally available.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Substitute): In determining whether water supplies are legally available to obtain a building permit, local governments may require the applicant to demonstrate that the use of water from a permit-exempt well is consistent with applicable rules adopted by the Department under the 1971 Water Resources Act for the specific basin or subbasin.

For approval of subdivisions by local governments, permit-exempt wells may be used to satisfy the requirements to provide potable water to the subdivision as long as the use is consistent with applicable rules adopted by the Department under the 1971 Water Resources Act for the specific basin or subbasin.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: None.

Effective Date: Ninety days after adjournment of session in which bill is passed.