HOUSE BILL REPORT
HB 2741
BYRepresentatives Belcher, Phillips, Beck, Ferguson, Cole, Sprenkle, Bennett, Pruitt, Jacobsen, Fraser and G. Fisher
Changing provisions relating to timber, agriculture, and water conservation.
House Committe on Natural Resources & Parks
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (8)
Signed by Representatives Belcher, Chair; K. Wilson, Vice Chair; Beck, Ranking Republican Member; Brumsickle, Dellwo, Hargrove, Raiter and Sayan.
Minority Report: Do not pass. (2)
Signed by Representatives Fuhrman and H. Myers.
House Staff:Bill Koss (786-7129)
AS REPORTED BY COMMITTEE ON NATURAL RESOURCES & PARKS
FEBRUARY 1, 1990
BACKGROUND:
Ground Water Exemptions
The 1945 rewriting of Washington's laws pertaining to ground water contains a provision exempting certain individuals from obtaining a water right. The exemption covers withdrawals of ground water for: 1) stock watering; 2) watering a lawn or non-commercial garden not exceeding one-half acre; 3) single or group domestic uses not exceeding 5,000 gallons per day; or 4) any industrial use not in excess of 5,000 gallons per day. While not required to obtain a water right, the law implicitly grants the user a water right equal to the amount of water beneficially used, provided the uses occurs on a regular basis.
Since 1945, the number of wells in the state has increased sharply. In certain areas, the proliferation of wells causes interference with surface water withdrawals. This is an administrative problem for the Department of Ecology and causes some water users to face uncertain supply.
Water Reservations
The Department of Ecology issues water rights to applicants upon demonstration of a plan to put the water to a beneficial use. Beneficial uses include domestic, stock watering, industrial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational and thermal power production purposes, and preservation of environmental and aesthetic values and all other uses compatible with the enjoyment of the public waters. Washington is a "prior appropriation doctrine" state, meaning the water right with an earlier application date may not be adversely affected by one with a later date. This is often referred to as "first in time, first in right."
A person may apply for a water reservation to reserve water for future beneficial uses. The reservation has a priority date as of the date the rule implementing the reservation is adopted, not when the applicant begins putting the reserved water to a beneficial use.
Water Supply Verification
From time to time, property is developed without making provision for an adequate water supply. In these situations, municipalities find it hard to provide for public health, or fight fires. To deliver water to the property may cause expenditures of public funds that were not anticipated.
Current Use Taxation
The law provides for the county to assess land for its current use rather than its highest and best use in order to foster specific land uses: forestry, open space land uses and agriculture. Under three acts, Washington reduces the assessed land value to diminish the propensity to convert the land to another use. In exchange for the landowner to pay lower taxes, the local government imposes a penalty if the landowner withdraws the property from the program. The penalty amounts to payment of past taxes as though the land were assessed at its highest and best value plus an additional penalty of 25 percent.
In spite of the programs to reduce the assessed value of resource producing lands, landowners still find it financially advantageous to convert the land to another use. Recently people have become concerned over the rate at which these resource producing lands are converted to other uses.
Land Use Inventory
As discussion of managing growth began and governments sought to share information, they learned that they lacked data, or data in compatible formats, or the data collected at the appropriate level of detail. No organization exists to standardize the various choices.
Within state government many agencies collect data using a Geographic Information System (GIS). Within the resource agencies, the Departments of Wildlife, Natural Resources, Ecology and the Puget Sound Water Quality Authority have separate systems. These agencies do not have standard approaches to data collection and storage.
In order to evaluate the coordination of future plans, a number of other states use a standardized system of collecting, storing, measuring and displaying data.
SUMMARY:
SUBSTITUTE BILL:
Ground Water Exemptions
On or after July 1, 1990, no person may commence withdrawing ground water or construct a well without first obtaining a permit from the Department of Ecology.
Ecology may deny a permit for: 1) stock watering; 2) watering a lawn or non-commercial garden not exceeding one-half acre; 3) single or group domestic uses not exceeding 5,000 gallons per day; or 4) any industrial use not in excess of 5,000 gallons per day only under limited circumstances; where the approval would threaten water quality or reliability of service or the application serves two or more services in a critical water supply service area or a ground water management area and approval would be inconsistent with the local comprehensive plan.
Ecology shall adopt an expedited process to handle applications for small quantities of ground water.
Water Reservations
An applicant for a water reservation must participate in a coordinated water system plan. This entails identifying present and future needs in the service area and the most efficient method for meeting those needs.
Water Supply Verification
When applying for a building permit, each applicant must provide evidence of a water source adequate to meet the purpose of the building. A water right application is not adequate proof of a water source.
Current Use Taxation
When a landowner whose land is enrolled under the provisions of the open space tax, the reforestation tax, or the forest excise tax seeks to remove the land from the current use provision of the tax, the local government shall not accept any permit to change the land use on the parcel for a period of 10 years. This provision does not apply to property in a jurisdiction which has adopted a comprehensive plan that complies with the growth strategies criteria.
Lands included as agricultural or forestry in the local comprehensive plan may not be converted to another use without providing 10 years notice. No permit may be issued which will authorize a change in land use for a period of 10 years after the notification. This provision does not apply to property in a jurisdiction which has adopted a comprehensive plan that complies with the growth strategies plan.
Forest Practices
Changes are made to the penalty provisions in the Forest Practices Act pertaining to conversion of forest land to non-forest uses. Conversions shall not be permitted for 10 years following a forest practice unless the jurisdiction has adopted a comprehensive plan. This applies to both authorized and unauthorized land conversion.
The Department of Natural Resources receives guidance to help determine if land is likely to convert to urban land use.
Land Use Inventory
The Department of Community Development shall contract with the Department of Information Services to develop a data base useful for describing land uses, demographics, infrastructure, transportation corridors, physical features, housing and the useful data. To assist the department it may appoint an advisory committee.
By December 1, 1990, the department shall report to the appropriate House and Senate committees its findings regarding the most effective methods to obtain, retain, and retrieve information.
Hardship
Cities and counties may adopt ordinances providing for exceptions to the 10 year waiting period imposed in several sections. The city or county may waive the waiting period if it imposes an extreme hardship on the landowner that the landowner could not have reasonably foreseen.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The substitute removes using the public interest as a factor to consider in denying a permit to withdraw groundwater. In its place is language permitting denial when approval would threaten water quality or reliability of service.
An exemption from the various penalties is provided. A city or county may adopt ordinances waiving the 10 year waiting period when the affected landowner faces an extreme hardship which could not have been reasonably foreseen.
Land use conversions from forestry or agricultural uses are not subject to the 10 year waiting period if consistent with an approved comprehensive plan.
The Forest Practices Act is amended to include a mandatory 10 year waiting period for conversions of forest land where: 1) the conversion was not consistent with an approved comprehensive plan or 2) the local government was not notified of the intent to convert at the time of the forest practice.
The January 1, 1992, effective date is removed for the mandatory 10 year waiting period for conversions.
Fiscal Note: Requested January 22, 1990.
House Committee ‑ Testified For: Judy Turpin, Citizens for Balanced Growth; and Mike Yeager, Washington Forest Protection Association.
House Committee - Testified Against: Mike Yeager, Washington Forest Protection Association; Peter Overton, Christmas Tree Growers; and Nels Hanson, Washington Farm Forestry Association.
House Committee - Testimony For: To retain valuable land in forest production, the state should act now. Productive forest lands are pressured by encroaching development which raises land values and incites landowners to sell land for non-forest uses. Forest landowners want a predictable system of land planning. To bring this about requires a combination of penalties and incentives.
Washington needs to begin recording all water withdrawals. This requires ending the exemption for small wells and begin gathering water use date.
Mandatory zoning is essential to good land policies.
House Committee - Testimony Against: Do not let an agency determine the definition of forest land, specify it in the statute. Similarly, set in statute the criterion for any conversions of forest lands. The process for amending a comprehensive plan must contain an element dealing with natural resource lands and their retention.
By requiring an individual to keep land in forestry for 10 years after withdrawing from a current use assessment, the individual's land is taxed at its highest and best use, but cannot be put to that use. It will force people to immediately convert forest land. This amounts to downzoning without compensation.
The waiting period for converting land from a use other than what is consistent with the comprehensive plan should not be penalized if the local jurisdiction authorizes the conversion. Nor should a conversion that is consistent with a comprehensive plan be subject to the 10 year penalty.