AN ACT Relating to working within the existing in-stream flow rules adopted by the department of ecology to provide a suite of tools, applicable to property owners located in areas with limited access to legal new water withdrawals, for alternative water procurement that does not result in a net loss to area surface waters; amending RCW 19.27.097; adding new sections to chapter 90.44 RCW; and creating a new section.

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

(2) The legislature further finds that creative, alternative approaches to water procurement are necessary to support new development and economic activity in rural areas that lack access to new, legal water. To be the most protective of human health and safety, the first option for water procurement should always be mitigation alternatives that involve the purchase of an offsetting water right, the use of a water bank, or an extension of physical piped water infrastructure to support any new development.

(3) The legislature further finds that since the preferred options of offsetting mitigation, water bank use, or extended infrastructure are not always available or practicable, cities and counties should work with local landowners to develop safe and reliable alternatives to the traditional piped water purveyor or private well for supplying potable water. Although not preferred or appropriate in every instance, a local portfolio of legally allowable alternative water systems, such as cisterns, trucked water systems, and rainwater collection and sanitization systems, can provide a suite of options to assist landowners with matching their water needs with the physical location and limitations of their geographic location.

(4) The legislature further finds that any alternative to an approved water purveyor is less preferable than a physical piped water infrastructure system. Whenever possible, and consistent with any limitations under chapter 36.70A RCW, local governments should prioritize investments and improvements in constructing or extending water systems to supply water to rural areas and rural water users.

NEW SECTION.  Sec. 2.  A new section is added to chapter 90.44 RCW to read as follows:

(1)(a) The governing body of each county and city subject to a limitation on new, unmitigated withdrawals from surface or groundwaters in all or part of the governing body's jurisdiction that is not served by an approved water purveyor must develop and adopt specific local ordinances outlining when and how alternative water systems may be used to satisfy the potable water requirements of RCW 19.27.097.

(b) The alternative water systems that must be allowed to satisfy the potable water requirements of RCW 19.27.097 must include, subject to the limitations and conditions adopted by the local governing body, systems that allow potable water to be received and stored from trucks or other conveyances other than traditional water infrastructure piping.

(c) The local governing body may also allow other alternative water systems to satisfy the potable water requirements of RCW 19.27.097, such as cisterns and rainwater collection and sanitization systems.

(2) Nothing in this section:

(a) Prohibits or limits governing bodies that do meet the conditions of subsection (1) of this section from adopting, consistent with state and federal law, local ordinances allowing alternative water systems to satisfy the potable water requirements of RCW 19.27.097;

(b) Requires any building applicant to include an alternative water system allowed under RCW 19.27.097 in his or her application for a building permit; or

(c) Overrides any requirements of local governments to protect public health or safety.

NEW SECTION.  Sec. 3.  A new section is added to chapter 90.44 RCW to read as follows:

The department must make information available to landowners who are unable to rely on an approved water purveyor or on new, unmitigated withdrawals from surface or groundwaters to satisfy the requirements of RCW 19.27.097 that provides both mitigation options and information on alternative water systems allowed under RCW 19.27.040. When appropriate, the information required under this section must be developed and distributed in cooperation with any affected counties.

Sec. 4.  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:

(i) A water right permit from the department of ecology((,)). However, an application for a water right is not sufficient proof of an adequate water supply;

(ii) A letter from an approved water purveyor stating the ability to provide water((,)); or

(iii) Another form sufficient to verify the existence of an adequate water supply, such as, where allowed under section 2 of this act or other state and local regulations, a private well, a cistern, a rainwater collection and sanitization system, or a system to receive and store water delivered from off-site through a source other than traditional water infrastructure piping.

(b) 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.))

(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.

(4) 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.

--- END ---