S-1592.1

SENATE BILL 5965


State of Washington	64th Legislature	2015 Regular Session

By Senators Warnick, Hatfield, Pearson, Hobbs, and Bailey

Read first time 02/13/15. Referred to Committee on Agriculture, Water & Rural Economic Development.

NEW SECTION. Sec. 1. The legislature finds that rural economic development is threatened when access to uninterruptible water supplies is restricted as a result of rules that establish base flows and minimum instream flows. The problem is acute when state agencies fail to provide reasonable mitigation options for landowners who rely on permit-exempt groundwater withdrawals as a source of water. The legislature recognizes that inhibiting economic opportunities in rural areas is not an acceptable policy for the people of Washington and that options may exist whereby a broader range of mitigation choices could be made available to landowners whose ability to access water has been curtailed by rules that establish base flows and minimum instream flows.

NEW SECTION. Sec. 2. (1) The department of ecology must produce a report evaluating options for mitigating the effects of permit-exempt groundwater withdrawals on base flows and minimum instream flows. The department of ecology must prepare the report using existing resources. The department of ecology must consult with the office of the attorney general when preparing the report. The report must include:

(a) A description of the range of mitigation techniques the department of ecology has employed in the last ten years to mitigate the impacts of permit-exempt groundwater withdrawals on base flows and minimum instream flows, including the location, cost, and legal authority for each type of mitigation technique;

(b) A discussion of out-of-kind mitigation techniques the department of ecology has employed in the last ten years, or may seek to employ, to mitigate the impacts of permit-exempt groundwater withdrawals on base flows and minimum instream flows, including the location, cost, and legal authority for each type of out-of-kind mitigation technique. For purposes of this section, out-of-kind mitigation techniques are mitigation techniques that seek to manage broader hydrologic effects that may be associated with rural development rather than focusing on regulating the consumptive impact of new groundwater withdrawals. Out-of-kind mitigation techniques may include, but are not limited to, land development practices, habitat restoration, and best management practices;

(c) An assessment of the effectiveness of each type of mitigation technique, including out-of-kind mitigation techniques, that may be available to the department of ecology to mitigate the impacts of permit-exempt groundwater withdrawals on base flows and minimum instream flows;

(d) An evaluation of all mitigation options that may be available for permit-exempt groundwater withdrawals in the areas covered under the instream resources protection program for the lower and upper Skagit river basin, water resources inventory areas 3 and 4, and a discussion of the advantages and disadvantages of employing each type of out-of-kind mitigation technique in those areas; and

(e) Recommendations for legislative action that should be taken to ensure that reasonable mitigation options, including out-of-kind mitigation techniques, will be available to landowners who are required to mitigate the impacts of permit-exempt groundwater withdrawals on base flows and minimum instream flows.

(2) By November 1, 2015, the department of ecology must submit the finished report to the appropriate committees of the legislature having oversight over water resource issues.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.