Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. "(1) The legislature finds that foreign water is a unique commodity that does not naturally contribute as a source of water supply to a river, river basin, or groundwater in a basin where the foreign water is imported or developed and used. The legislature recognizes that opportunities to use foreign water as a domestic water source are rare but have the potential for great environmental benefits. Further, the legislature recognizes that the city of Lynden is uniquely positioned to use foreign water for domestic use. Further, the legislature recognizes that the city of Lynden is actively pursuing implementation of a major salmon habitat restoration project on Pepin creek, a tributary of the Nooksack river, that will improve habitat for several endangered species in the Nooksack river.
(2) The legislature further recognizes that the implementation of this act does not alleviate the need to fully evaluate the water rights throughout the Nooksack river basin and develop a comprehensive solution to adequate water supply for all parties, and in particular, native tribes.
Sec. 2. RCW 90.03.397 and 2011 c 117 s 1 are each amended to read as follows:
(1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity to transport the additional diversion to either: (a) A point of diversion that is located downstream; or (b) a point of diversion located between Columbia river miles 215.6 and 292, if the existing point of diversion is contained therein.
(2) This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW
90.03.380 or other changes that may be approved under RCW
90.03.380 under authorities existing before July 25, 1999.
(3)(a) Except as otherwise provided in this section, the legislature finds that it will clearly serve overriding considerations of the public interest for the department to make uninterruptible supplies of water available for appropriation for a municipal water supplier, notwithstanding any minimum instream flows or levels established under chapter 90.22 or 90.54 RCW, when all of the following conditions are satisfied:
(i) For both the instantaneous rate of the diversion, as measured on a daily basis, and the annual volume of the diversion, a quantity of foreign water that is equivalent to or greater than the quantity of water diverted by the municipal water supplier is introduced:
(A) Into the Nooksack river, between river mile seventeen and river mile nineteen; and
(B) Less than one mile downstream from the point of diversion;
(ii) The instantaneous diversion represents no more than 0.1 percent of adopted minimum instream flows or levels;
(iii) The total volume diverted and the total volume of foreign water introduced are measured and reported to the department no less than four times per year; and
(iv) The introduction of foreign water complies with all applicable water quality regulations for receiving water and all local, state, and federal permitting requirements.
(b) For the purposes of this subsection, "foreign water" means water that does not naturally contribute as a source of water supply that would reach the river, river basin, or groundwater associated with the location of the diversion.
(c) Nothing in this section:
(i) Allows the instantaneous diversion of foreign water between river mile seventeen and river mile nineteen on the Nooksack river at any time when the amount of water in the Nooksack river is at or below any minimum instream flows or levels established by the department;
(ii) Allows the instantaneous diversion of foreign water between river mile seventeen and river mile nineteen on the Nooksack river at any time when the diversion would cause the amount of water in the Nooksack river to fall below any minimum instream flows or levels established by the department;
(iii) Limits the ability of the legislature to reconsider its finding relating to the overriding consideration of public interest as described in this section in the event of future changed circumstances; and
(iv) May be construed to affect, constrain, or otherwise limit the authority of the department to determine that overriding considerations of the public interest have been met in approving new withdrawals under RCW 90.54.020(3)."