BILL REQ. #:  H-0667.3 

Read first time 01/30/13.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to efficiencies in the department of ecology processing of water right change applications that move the point of withdrawal reducing the potential for surface water body impacts; amending RCW 90.44.100 and 90.44.100; providing an effective date; and providing an expiration date.

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

Sec. 1   RCW 90.44.100 and 2009 c 183 s 16 are each amended to read as follows:
     (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.
     (2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall tap the same body of public groundwater as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.
     (3)(a)(i) When an amendment would move an existing permit or certificate's annual quantity or portion thereof to another existing right held by the applicant and meets the following conditions: (A) The move of the point of withdrawal of the groundwater right's annual quantity or a portion thereof is within the same body of groundwater and further from a hydraulically connected surface water body; or (B) the move of the point of withdrawal of the groundwater right's annual quantity or a portion thereof is to a lower aquifer depth or unit within the same body of public groundwater in the same watershed, as that term is defined in RCW 90.74.010; or (C) the move is within the same body of public groundwater that discharges into saltwater; and (D) each individual water right's instantaneous quantity is not increased; and (E) the annual quantity of water of the two amended rights does not exceed the annual quantity of water granted under the combined individual underlying water rights; and (F) the applicant provides a hydrological analysis showing there is no impairment or reduced impairment of an existing water right; and (G) the applicant complies with the notice requirements of RCW 90.03.280; and (H) the applicant provides the department with a draft report of examination identifying the satisfaction of the criteria of this subsection; then
     (ii) The department's consideration is limited to the determination of the scope and validity of the existing rights and whether the hydrological analysis presented by the applicant sufficiently demonstrates that existing water rights will not be impaired or any impairment will be less than that which would potentially occur under the unamended rights.
     (b) The department shall promptly determine the completeness of applications satisfying the conditions of this subsection, assist the applicant with advertising notice of the application, and post notice of the application on the department's web site. Any third party who alleges that the third party's senior water right will be impaired by the proposed change may file a letter of concern or support with the department and the department may consider the concern or support expressed in the letter. These letters must be received by the department within thirty days of the department's posting of the notice of application. The director shall review the application and take action to review and approve or deny it within one hundred twenty days of posting notice. The one hundred twenty-day time period may be extended for an additional one hundred twenty days by the director or at the request of the applicant. If the director fails to act within the prescribed time period, the application is deemed approved and is appealable pursuant to RCW 43.21B.230(1) and 43.21B.310(4).
     (4) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public groundwater as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (((3))) (4).
     (((4))) (5) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.
     (((5))) (6) The development and use of a small irrigation impoundment, as defined in RCW 90.03.370(8), does not constitute a change or amendment for the purposes of this section. The exemption expressly provided by this subsection shall not be construed as requiring an amendment of any existing water right to enable the holder of the right to store water governed by the right.
     (((6))) (7) This section does not apply to a water right involved in an approved local water plan created under RCW 90.92.090 or a banked water right under RCW 90.92.070.

Sec. 2   RCW 90.44.100 and 2003 c 329 s 3 are each amended to read as follows:
     (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.
     (2) An amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall tap the same body of public groundwater as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.
     (3)(a)(i) When an amendment would move an existing permit or certificate's annual quantity or portion thereof to another existing right held by the applicant and meets the following conditions: (A) The move of the point of withdrawal of the groundwater right's annual quantity or a portion thereof is within the same body of groundwater and further from a hydraulically connected surface water body; or (B) the move of the point of withdrawal of the groundwater right's annual quantity or a portion thereof is to a lower aquifer depth or unit within the same body of public groundwater in the same watershed, as that term is defined in RCW 90.74.010; or (C) the move is within the same body of public groundwater that discharges into saltwater; and (D) each individual water right's instantaneous quantity is not increased; and (E) the annual quantity of water of the two amended rights does not exceed the annual quantity of water granted under the combined individual underlying water rights; and (F) the applicant provides a hydrological analysis showing there is no impairment or reduced impairment of an existing water right; and (G) the applicant complies with the notice requirements of RCW 90.03.280; and (H) the applicant provides the department with a draft report of examination identifying the satisfaction of the criteria of this subsection; then
     (ii) The department's consideration is limited to the determination of the scope and validity of the existing rights and whether the hydrological analysis presented by the applicant sufficiently demonstrates that existing water rights will not be impaired or any impairment will be less than that which would potentially occur under the unamended rights.
     (b) The department shall promptly determine the completeness of applications satisfying the conditions of this subsection, assist the applicant with advertising notice of the application, and post notice of the application on the department's web site. Any third party who alleges that the third party's senior water right will be impaired by the proposed change may file a letter of concern or support with the department and the department may consider the concern or support expressed in the letter. These letters must be received by the department within thirty days of the department's posting of the notice of application. The director shall review the application and take action to review and approve or deny it within one hundred twenty days of posting notice. The one hundred twenty-day time period may be extended for an additional one hundred twenty days by the director or at the request of the applicant. If the director fails to act within the prescribed time period, the application is deemed approved and is appealable pursuant to RCW 43.21B.230(1) and 43.21B.310(4).
     (4) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public groundwater as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (((3))) (4).
     (((4))) (5) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.
     (((5))) (6) The development and use of a small irrigation impoundment, as defined in RCW 90.03.370(8), does not constitute a change or amendment for the purposes of this section. The exemption expressly provided by this subsection shall not be construed as requiring an amendment of any existing water right to enable the holder of the right to store water governed by the right.

NEW SECTION.  Sec. 3   Section 1 of this act expires June 30, 2019.

NEW SECTION.  Sec. 4   Section 2 of this act takes effect June 30, 2019.