SENATE BILL REPORT

SHB 1397

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, Baugher, Nealey, Sprenkle, Doty, Chandler, Beck, Heavey, Haugen, Sayan, Jones, Phillips, Crane, H. Myers, Inslee and Todd;by request of Governor Gardner)

Regarding water use efficiency and conservation.

House Committe on Agriculture & Rural Development

Rereferred House Committee on Capital Facilities & Financing

Senate Committee on Agriculture

Senate Hearing Date(s):March 23, 1989; March 31, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:Bob Lee (786-7409)

                  March 31, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 31, 1989

BACKGROUND:

The Department of Ecology administers the state's water resource management laws.  Included among these are the surface and groundwater codes and the Water Resources Act of 1971.  The latter establishes the principles which apply to the management of water resources conducted under the water codes.

SUMMARY:

The principles listed in the Water Resources Act of 1971 which guide the management of the state's water resources are amended.  In addition to traditional development, improved water use efficiency and conservation must be emphasized as a potential new source of water with which to meet future needs.

Entities are encouraged to carry out water use efficiency and conservation programs consistent with the following:  Voluntary programs are preferred; water use efficiency (which by definition must be cost-effective) and waste water recycling should receive consideration in state and local planning processes, in setting instream flows, and in issuing new water rights; wherever possible, conservation of existing water supplies and transfers of existing water rights should be explored before pursuing increased diversions or withdrawals; entities receiving state financial assistance for water supply planning or construction and water quality improvements should implement conservation and water use efficiency elements in their plans; state programs to improve water use efficiency should focus on areas with water supply problems; and temporary and permanent transfers of water and water rights (in the quantity beneficially used), water banks, and the reuse of greywater are encouraged.

The reuse of greywater is expressly authorized for lawns, gardens, trees and other uses, consistent with the protection of health and water quality.

Measurement by approved methods and reporting may be required as a condition for all new water rights.

The State Building Code Council must revise the state plumbing code to require low- volume plumbing fixtures for all new construction and for all remodeling or repair which involves the replacement of plumbing fixtures.  Water use guidelines are specified and the implementing code must take effect on July 1, 1990.  More stringent guidelines are specified for plumbing code revisions which must take effect July 1, 1993.  Sewer plans must include a discussion of water conservation measures and their impact on sewer services.

The Department of Ecology, in consultation with others, must adopt guidelines for a schedule of on-farm water requirements for various regions and soil types which will be used for water conservation funding, water right transfers, and the issuance of new water rights.  It must also investigate the feasibility of developing guidelines for conveyance efficiency.

The department must conduct a statewide evaluation, with the assistance of a task force, of irrigated areas regarding efficiency opportunities and impacts and local interest.  The department and the task force must select an area for a voluntary demonstration project.  An extensive area- specific conservation assessment must be conducted for the area. Subsequently, the department and a conservation plan formulation committee must jointly develop a demonstration conservation plan for the area.

All entities supplying water to the public are encouraged to develop plans for improving water use efficiency within their systems and areas and these must be considered by the state when administering programs regarding water resources, facilities or quality.  The Department of Ecology and the Department of Social and Health Services must adopt rules establishing guidelines for the development and review of such plans, providing available financial assistance to public bodies for the development of these plans, and incorporating water use efficiency objectives in the administration of their water programs.  The departments may provide advice and technical assistance upon request.

The Department of Social and Health Services must adopt procedures and guidelines by rule regarding water use efficiency and conservation to be included in water system plans required by the State Board of Health.

These new policies may not affect existing water rights nor prevent future storage options.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENTS:

Added to the fundamental policies contained in the 1971 Water Resources Act is a statement that in addition to traditional development approaches, water use efficiency is to be emphasized and in some cases will be a new source of water to meet future needs.

The benefits and costs of improving water use efficiency are to be considered by the Department of Ecology when reducing wasteful practices of water use.

This act is (1) not to affect existing water rights; (2) not to preclude storage necessary to conserve water for instream and out-of-stream needs; (3) not to infringe on rate making by public water purveyors; and (4) not preclude the Joint Select Committee on Water Policy from reviewing and modifying this legislation.

"Water use efficiency" is defined as those activities which result in a net water savings that cost less than an equivalent amount of water from the next least costly source.

Local governments, individuals and others shall be encouraged to carry out water use efficiency and conservation programs consistent with the following:

      1.Programs should utilize a mix of economic incentives, cost share programs, regulatory programs and technical and public information efforts.  Voluntary participation is preferred.

      2.Increased water use efficiency should receive consideration as a potential source of water in state and local planning processes.  In determining cost-effectiveness, consideration should be given to the benefits of conservation, waste water recycling and impoundment of waters.

      3.Consideration should be given to the benefits of storage which can reduce damage to stream bank and property, provide water supply for various uses, generate power from a renewable resource and provide improved instream flow regimes.

      4.Entities seeking expansion of water supplies should develop, and implement if cost effective, a water use efficiency element in their water resource plans.

      5.State programs are to focus on areas where waters are overappropriated and where current and projected demands exceed supplies.

      6.State agencies are to inform the citizens of the importance of the wise use and development of water resources.

Existing water diversions' controlling works are to be maintained to provide for accurate measurement.  The Department of Ecology can require metering of diversions of surface water as a condition of a new water permit and can require reports of such metered diversions.

Ecology can require metering or measurement of ground water as a condition of a new ground water permit.  This does not cover small domestic wells of under 5,000 gallons per day.

The State Building Code Council shall adopt statewide standards for water efficient plumbing fixtures in two phases. The first phase is to take effect July 1990 and the second phase is to take effect July 1993.

By October 1992, the Council shall conduct an assessment to consider the availability of such fixtures, whether they are technologically feasible, will operate effectively and are economically justified.  Also an assessment is to be made of any potential impacts on the effective operation of sewer and septic lines and systems.  The report to the Legislature is to include conclusions and recommendations for legislative action.

Ecology is to require a discussion of water conservation measures and their anticipated impact on public sewer service.

The Department of Ecology may establish a task force to conduct a statewide evaluation of irrigated areas to determine the associated impacts of efficiency measures, opportunities and local interest.  Ecology and the task force are to establish a list of basin and stream efficiency initiatives and select an area for a voluntary demonstration project.

Ecology is then, with technical and financial assistance from the Bureau of Reclamation, to appoint a committee to develop a plan for a demonstration project, taking into consideration factors such as return flows, artificial recharge of ground water, impacts on wetlands and relative costs and benefits of implementing the plan.  Committee members are eligible for travel and per diem.

The Department of Social and Health Services is to: (1) develop guidelines relating to water use efficiency for municipal and industrial water purveyors; (2) develop criteria for reuse of greywater and other water recycling with the objective of encouraging such reuse; (3) provide advice and technical assistance when requested.

Senate Committee - Testified: Tom Mortimer, Washington PUD Association; Kimberly Ordon, Tulalip Tribes; Betty Tabbutt, Washington Environmental Council; Kaleen Cottingham, Governor's Office; John Kirner, Washington Water Utility's Council (pro); Edward McLeary, UPland Fin Fish Growers Troutlodge (pro); Jim Trull, Sunnyside Valley Irrigation District (pro); Jeff Dunning, Ellensburg Water Co. (pro); Marlyta Deck, Washington Cattlemen's Association