AN ACT Relating to the water use efficiency study; amending RCW 43.83B.300; amending section 704, chapter 6, Laws of 1987 1st ex. sess (uncodified); creating new sections; making appropriations; providing an expiration date; and declaring an emergency.

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

Sec. 1. Section 1, chapter 1, Laws of 1977 ex. sess. as last amended by section 1, chapter 343, Laws of 1987 and RCW 43.83B.300 are each amended to read as follows:

The legislature finds that it is necessary to provide the department of ecology with emergency powers to authorize withdrawals of public surface and ground waters, including dead storage within reservoirs, on a temporary basis, and construction of facilities in relation thereto, in order to alleviate emergency water supply conditions arising from the drought forecast for the state of Washington during 1977 and during 1987.

The legislature further finds that there is a continuing agricultural water supply shortage in many areas of the state and that, in relation to the lessening of that unsatisfactory condition, there is an urgent need to both improve water supply facilities and replace other such facilities.

In addition, the legislature finds that improved efficiency of water use could provide an important new supply of water in many parts of the state with which to meet future water needs and that improved efficiency of water use should receive greater emphasis in the management of the state's water resources.

In order to provide needed capital for the planning, acquisition, construction, and improvement of water supply facilities to withdraw and distribute water to alleviate unsatisfactory water supply conditions arising from droughts occurring from time to time in the state of Washington, and for the water research center at Washington State University to carry out a comprehensive water use efficiency study for the state of Washington, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eighteen million dollars, or so much thereof as may be required to finance such projects, and all costs incidental thereto. No bonds authorized by this section and RCW 43.83B.360 through 43.83B.375 shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.

NEW SECTION. Sec. 2. The water research center at Washington State University shall carry out a comprehensive study of water use efficiency in this state. The center, in consultation with other interested agencies, organizations, and the public, shall investigate and evaluate opportunities and means for achieving water use efficiency improvements. The evaluation shall include but not be limited to the following:

(1) Review and analysis of water use efficiency initiatives in other states;

(2) Review of the water use efficiency recommendations of the western governors association;

(3) Identification of existing institutional and economic disincentives to efficient water use;

(4) Identification of existing and potential incentives that could bring about improved efficiency of use;

(5) Identification of alternatives for improving efficiency of use;

(6) Estimation of potential water savings and public and private costs from implementing alternatives;

(7) Identification of a recommended approach for improving water use efficiency; and

(8) Development of recommendations for any needed changes in laws, rules, policies, procedures, and programs to facilitate improved water use efficiency.

NEW SECTION. Sec. 3. (1) A water use efficiency policy advisory committee is hereby created to assist the water research center in completing the investigations in section 2 of this act.

(2) One representative from each of the following categories shall be a voting member of the advisory committee:

(a) The office of the governor;

(b) Indian tribes;

(d) Municipalities in heavily populated areas;

(e) Municipalities in rural agricultural areas;

(f) A state-wide water resources association created under chapter 87.76 RCW;

(g) Water utilities;

(h) Manufacturing industry;

(i) Producers of irrigated agricultural products; and

(j) Owners and operators of cattle farms.

(3) Eight members of the legislature shall be voting members of the advisory committee:

(a) Four members of the House of Representatives, appointed by the Speaker, two from each major political party of which one member from each major political party shall be a member of the agriculture and rural development committee; and

(b) Four members of the Senate, appointed by the President of the Senate, two from each major political party of which one member from each major political party shall be a member of the agriculture committee.

(4) Representatives of the appropriate state and federal agencies shall serve as nonvoting members of the advisory committee.

The governor shall appoint the members of the advisory committee listed in subsections (2) and (4) of this section. Any nominations for appointments to fill positions on the advisory committee which may be submitted to the governor for the governor's consideration shall be submitted not later than ten business days after the effective date of this section. Wherever possible, the various interest groups within a category listed in subsection (2) of this section shall attempt to identify one nominee in common for the category.

(5) The advisory committee shall expire December 31, 1988.

(6) The center shall consult on a regular and frequent basis with interested organizations and individuals. The center shall hold public meetings to inform the public about the study, and to receive public comments on a draft report of its study findings, its recommendations, and those of the advisory committee. Before conducting these meetings on such a draft report or recommendations, the center shall present them at a meeting of the house of representatives and senate agriculture committees, meeting jointly or separately, to receive the comments of committee members. The center shall also present the results of the public meetings on such a draft report or recommendations to the house of representatives and senate agriculture committees as well as the center's proposed response to the comments received at those public meetings before preparing its final report and recommendations.

The center shall document public comments, the advisory committee's recommendations, and those of the center, if they differ, in a final water use efficiency report. The final report shall also include an estimate of staffing and funding needed to carry out the recommended approach. The center shall provide the final report to the house of representatives and senate agriculture committees no later than December 30, 1988.

NEW SECTION. Sec. 4. No aspect of the study authorized by sections 1 through 3 of this act may authorize any interference whatsoever with existing water rights. The study shall in all respects be subject to the provisions of RCW 43.83B.325 to the same extent as any provision of RCW 43.83B.300 through 43.83B.345.

Sec. 5. Section 704, chapter 6, Laws of 1987 1st ex. sess. (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

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Emergency water project revolving account (88-2-004)

!tm4,2,2!tj1!tcReappropriation!tcAppropriation

!ixState Emerg Water Proj Rev !tj1!tc((~~4,000,000~~))!tc225,000

!tj1!tc3,860,185

!tm1,1,1!tcProject!tcEstimated!tcEstimated

!tcCosts!tcCosts!tcTotal

!tcThrough!tc7/1/89!sc ,1and!tcCosts

!tc6/30/87!tcThereafter

!tj2!tc((~~4,225,000~~))

!tj2!tc4,085,185

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NEW SECTION. Sec. 6. The sum of one hundred thirty-nine thousand eight hundred fifteen dollars, or as much thereof as may be necessary, is appropriated to Washington State University for the biennium ending June 30, 1989, from the emergency water project revolving account for use by the water research center for conducting the water use efficiency study authorized by section 2 of this act. These funds may be used by the water research center to hire personnel and/or contract for necessary services including but not limited to services from persons with expertise in the areas of agricultural economics, agricultural engineering, and municipal water use technology. The use of these funds is not limited to such hiring or contracting.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act shall expire June 30, 1989.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.