AN ACT Relating to water use efficiency and conservation; amending RCW 90.54.020, 90.54.120, and 90.03.360; adding a new section to chapter 19.27 RCW; adding a new section to chapter 43.20 RCW; adding new sections to chapter 90.54 RCW; and creating a new section.

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

Sec. 1. Section 2, chapter 225, Laws of 1971 ex. sess. as amended by section 2, chapter 399, Laws of 1987 and RCW 90.54.020 are each amended to read as follows:

Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:

(1) Uses of water for domestic, stock watering, industrial, commercial, 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 of the state, are declared to be beneficial.

(2) Allocation of waters among potential uses and users shall be based generally on the securing of the maximum net benefits for the people of the state. Maximum net benefits shall constitute total benefits less costs including opportunities lost.

(3) The quality of the natural environment shall be protected and, where possible, enhanced as follows:

(a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

(b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and other materials and substances proposed for entry into said waters shall be provided with all known, available, and reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters of the state would not be violated, wastes and other materials and substances shall not be allowed to enter such waters which will reduce the existing quality thereof, except in those situations where it is clear that overriding considerations of the public interest will be served. Technology-based effluent limitations or standards for discharges for municipal water treatment plants located on the Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted to reflect credit for substances removed from the plant intake water if:

(i) The municipality demonstrates that the intake water is drawn from the same body of water into which the discharge is made; and

(ii) The municipality demonstrates that no violation of receiving water quality standards or appreciable environmental degradation will result.

(4) Adequate and safe supplies of water shall be preserved and protected in potable condition to satisfy human domestic needs.

(5) Multiple-purpose impoundment structures are to be preferred over single-purpose structures. Due regard shall be given to means and methods for protection of fishery resources in the planning for and construction of water impoundment structures and other artificial obstructions.

(6) Federal, state, and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out practices of conservation as they relate to the use of the waters of the state. In addition to traditional development approaches, improved water use efficiency and conservation shall be emphasized in the management of the state's water resources as potential new sources of water with which to meet future needs throughout the state.

(7) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas within the state shall be encouraged. Development of water supply systems for multiple domestic use which will not serve the public generally shall be discouraged where water supplies are available from water systems serving the public.

(8) Full recognition shall be given in the administration of water allocation and use programs to the natural interrelationships of surface and ground waters.

(9) Expressions of the public interest will be sought at all stages of water planning and allocation discussions.

(10) Water management programs, including but not limited to, water quality, flood control, drainage, erosion control and storm runoff are deemed to be in the public interest.

Sec. 2. Section 13, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.120 are each amended to read as follows:

For the purposes of this chapter, unless the context is clearly to the contrary, the following definitions shall be used:

(1) "Department" means department of ecology.

(2) "Reasonably efficient practices" are those practices, including, but not limited to, methods of conveyance, use, and disposal of water which are reasonable and appropriate under the circumstances to bring about water use efficiency as determined by an area-specific application of criteria identified by the department of ecology, which may include, among others:

(a) Customary practices in the area;

(b) Reasonableness of any facilities at the time of installation;

(c) Cost of improvements and impact of the costs of upgrading facilities on the continued use of water by an appropriator;

(d) Changes in water use practices and technology;

(e) Needs of other beneficial uses for water from the same source; and

(f) Impact of alternative water use practices on other water uses and the environment.

(3) "Utilize" or "utilization" shall not only mean use of water for such long recognized consumptive or nonconsumptive beneficial purposes as domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, thermal power production, mining, recreational, maintenance of wildlife and fishlife purposes, but includes the retention of water in lakes and streams for the protection of environmental, scenic, aesthetic and related purposes, upon which economic values have not been placed historically and are difficult to quantify.

(4) "Waste" is the use of water for purposes that are not beneficial or in an amount that is in excess of what is required by reasonably efficient practices to accomplish a beneficial purpose.

(5) "Water use efficiency" is the application of cost-effective measures, practices and techniques that maximize the benefits derived from use of a given quantity of water.

NEW SECTION. Sec. 3. A new section is added to chapter 90.54 RCW to read as follows:

Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the following:

(1) Water conservation programs shall utilize an appropriate mix of economic incentives, cost share programs, regulatory programs, and technical and public information efforts. Programs which encourage voluntary participation shall be preferred.

(2) It is a basic tenet of water law that a water right includes only those amounts of water that are beneficially used using reasonably efficient practices. The scope of a water right does not include any portion of the use deemed to have been waste.

(3) Increased water use efficiency, including waste water recycling, shall receive consideration as a potential source of water in state and local water resource planning processes and in the issuance of new water rights. Wherever possible, considering cost-effectiveness, conservation of existing water supplies and transfers of existing water rights shall be preferred as a new source of water over increased diversions or withdrawals.

(4) Entities receiving state financial assistance for water supply planning or construction and water quality improvements shall implement rate structures, metering, and other programs as appropriate that encourage improved water use efficiency. State financial assistance shall be provided only to those entities implementing such measures unless they are not appropriate for a particular system.

(5) Public funding of conservation improvements shall be contingent upon the realization of public benefits. Water users should be provided with incentives by allowing the capture of some portion of the benefits if private investment is responsible for the conservation improvements.

(6) Temporary and permanent transfers of water and water rights and establishment of "water banks" are encouraged as means of improving water use efficiency so long as they are consistent with state water policies and the public interest. Only the quantity of water that has been beneficially used shall be subject to change or transfer.

(7) State programs to improve water use efficiency shall be focused on those waters of the state which are overappropriated; areas that experience diminished streamflows or aquifer levels; and, areas where projected water needs, including those for instream flows, exceed available supplies.

(8) Reuse of greywater and other wastewater shall be encouraged where such uses are consistent with the protection of public health and water quality.

(9) Existing and future generations of citizens of the state of Washington must be made aware of the importance of the state's water resources and the need for wise and efficient use of this vital resource. In order to increase this awareness, the state of Washington shall undertake a public education program relating to increased water use efficiency and shall coordinate this effort with other levels of government, including local governments and Indian tribes.

Sec. 4. Section 37, chapter 117, Laws of 1917 as amended by section 92, chapter 109, Laws of 1987 and RCW 90.03.360 are each amended to read as follows:

The owner or owners of any ditch ((or)), canal, or well shall maintain, to the satisfaction of the department, substantial controlling works, and a measuring device at the point where the water is diverted or withdrawn, and these shall be so constructed and maintained as to permit ((of)) accurate measurement and practical regulation of the flow of water diverted into said ditch or canal or withdrawn from any well. Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir.

Metering of diversions or withdrawals, or measurement by other approved methods may be required as a condition for all new water rights. The department may also require reports from such metered diversions or withdrawals as to the amount of water being diverted or withdrawn and the manner and extent of the beneficial use as a condition for such rights. Such reports shall be in a form prescribed by the department.

NEW SECTION. Sec. 5. A new section is added to chapter 19.27 RCW to read as follows:

(1) The state building code council shall adopt rules pursuant to chapter 34.05 RCW incorporating a revised state plumbing code. The revised code shall be designed to achieve the maximum water conservation benefits in all buildings constructed or remodeled in the state. The council shall adopt a revised code which requires cost-effective, low-volume plumbing fixtures for all new construction and for all remodeling or repair involving replacement of plumbing fixtures. The revised code shall apply to all residential, hotel, motel, industrial, and commercial use buildings.

(2) The council shall, in consultation with the department of social and health services and department of ecology, evaluate and proceed with necessary changes in the state plumbing code to allow for reuse of greywater, which is water collected through the shower and bath, bathroom sink, and washing machine. The changes shall allow for the construction of residential plumbing systems designed to save water through the recycling of greywater. The greywater shall be put to use in flushing toilets, lawn watering, and other appropriate uses. Additional plumbing requirements, including separate toilet supply lines, washwater drain lines, recycle system vents and connections, and other plumbing related requirements considered appropriate by the council, shall be developed.

(3) The council shall prepare and publish the revised plumbing code as proposed rules under chapter 34.05 RCW and provide for the rules to become effective as part of the council's next scheduled revision of the state plumbing code. All cities, towns, and counties shall then enforce the revised plumbing standards.

(4) The revisions adopted under this section shall supersede all local government codes. However, cities, towns, and counties may adopt more efficient water conservation plumbing fixture requirements.

NEW SECTION. Sec. 6. A new section is added to chapter 90.54 RCW to read as follows:

In consultation with Washington State University college of agriculture and the United States department of agriculture soil conservation service, the department of ecology shall:

(1) Review existing published information regarding on-farm water requirements for crops for various regions and soil types and shall adopt guidelines for a schedule of such requirements which will be used for the purposes of water conservation, water right transfers, and issuance of new water rights;

(2) Investigate the feasibility of developing guidelines for conveyance efficiency, publish the findings and conclusions in a report, and obtain public input to determine whether such guidelines are workable; and

(3) Adopt and publish relevant criteria to be used for determining crop water requirements and conveyance efficiency.

NEW SECTION. Sec. 7. A new section is added to chapter 90.54 RCW to read as follows:

(1) All entities supplying water to the public for any purpose shall be encouraged to develop plans for improving water use efficiency within their systems and service areas. Such plans shall be considered by the state when administering laws and programs relating to the management of water resources, the development and rehabilitation of water supply facilities, and the protection of water quality.

(2) Consistent with the state water use efficiency and conservation policy set forth in section 3 of this act, the department of ecology and the department of social and health services shall adopt rules pursuant to their substantive authority and chapter 34.05 RCW, which shall, at a minimum, include the following:

(a) Establish guidelines for the development and review of plans to improve water use efficiency by entities supplying water to the public;

(b) Provide for financial assistance to public bodies from existing funds for development of water use efficiency plans where funds are available for those purposes; and

(c) Incorporate water use efficiency objectives in the administration of other applicable laws relating to the management of water resources and public water supplies and the protection of water quality.

(3) The department of ecology and the department of social and health services may provide advice and technical assistance to the entities referred to in subsection (1) of this section that request such advice and assistance for development of water use efficiency plans.

NEW SECTION. Sec. 8. A new section is added to chapter 43.20 RCW to read as follows:

The department of social and health services, in consultation with the department of ecology shall develop procedures and guidelines relating to water use efficiency and conservation to be included in the development and approval of water system plans required under RCW 43.20.050. These procedures and guidelines shall be adopted by rule and shall be consistent with section 7 of this act.

NEW SECTION. Sec. 9. Nothing in this act shall affect existing water rights.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.