H-1695              _______________________________________________

                                                   HOUSE BILL NO. 2093

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Haugen and Nelson

Read first time 2/20/89 and referred to Committee on Local Government. Referred 2/24/89 to Committee on Energy & Utilities.

AN ACT Relating to city or town water utility rate differentials; and reenacting and amending RCW 35.92.010.

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

        Sec. 1.  Section 35.92.010, chapter 7, Laws of 1965 as amended by section 2, chapter 444, Laws of 1985 and by section 4, chapter 445, Laws of 1985 and RCW 35.92.010 are each reenacted and amended to read as follows:

          A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain and operate waterworks, within or without its limits, for the purpose of furnishing the city and its inhabitants, and any other persons, with an ample supply of water for all purposes, public and private, including water power and other power derived therefrom, with full power to regulate and control the use, distribution, and price thereof:  PROVIDED, That the rates charged must be uniform for the same class of customers or service.  Such waterworks may include facilities for the generation of electricity as a byproduct and such electricity may be used by the city or town or sold to an entity authorized by law to distribute electricity.   Such electricity is a byproduct when the electrical generation is subordinate to the primary purpose of water supply.  In classifying customers served or service furnished, the city or town governing body may in its discretion consider any or all of the following factors:  The difference in cost of service to the various customers;  location of the various customers within and without the city or town;  the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system;  the different character of the service furnished various customers;  the quantity and quality of the water furnished;  the time of its use;  capital contributions made to the system including, but not limited to, assessments;  and any other matters which present a reasonable difference as a ground for distinction.  A city or town must identify any ground or grounds used to establish rate differentials for different classes of water users.  No rate shall be charged that is less than the cost of the water and service to the class of customers served.

          For such purposes any city or town may take, condemn and purchase, purchase, acquire, and retain water from any public or navigable lake or watercourse, surface or ground, and, by means of aqueducts or pipe lines, conduct it to the city or town;  and it may erect and build dams or other works across or at the outlet of any lake or watercourse in this state for the purpose of storing and retaining water therein up to and above high water mark;  and for all the purposes of erecting such aqueducts, pipe lines, dams, or waterworks or other necessary structures in storing and retaining water, or for any of the purposes provided for by this chapter, the city or town may occupy and use the beds and shores up to the high water mark of any such watercourse or lake, and acquire the right by purchase, or by condemnation and purchase, or otherwise, to any water, water rights, easements or privileges named in this chapter, or necessary for any of said purposes, and the city or town may acquire by purchase or condemnation and purchase any properties or privileges necessary to be had to protect its water supply from pollution.  Should private property be necessary for any such purposes or for storing water above high water mark, the city or town may condemn and purchase, or purchase and acquire such private property.  For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a city or town that does not own or operate an electric utility system to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner.