AN ACT Relating to growth; amending RCW 90.44.050, 90.03.345, and 19.27.095; adding a new section to chapter 35.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 84.33 RCW; adding a new section to chapter 84.34 RCW; adding a new section to chapter 84.28 RCW; adding a new section to chapter 43.63A RCW; creating new sections; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. INTENT. The state of Washington is a naturally beautiful, pleasant, and healthy place in which to live. The natural bounty of the state, the health, safety, and quality of life of its residents, and the financial security of the state and local governments are threatened by the consequences of unplanned growth resulting in the conversion of lands that have long-term importance for the production of food or fiber into other uses, loss of sensitive and critical areas and ecosystems, loss of open spaces, wasteful competition between jurisdictions for certain types of growth, location of new growth in areas without adequate public facilities to support the growth, and uncontrolled sprawl.

It is the intent of the legislature to address these issues from both state and local perspectives, to establish some requirements on a state-wide basis, to establish some requirements on less than a state-wide basis, to permit such requirements to be accomplished by counties and cities with maximum local flexibility, to provide adequate time to conform with such requirements, and to provide resources for such efforts in the form of both financial assistance and technical assistance. Further, it is the intent of the legislature to direct state economic development programs to communities that are experiencing insufficient economic growth.

The state of Washington intends to retain the quality of life and economic prosperity enjoyed during its first century of existence. The pressing issues which will shape the second century were only faintly recognized as such as recently as a decade ago. The state's residents share a vision of a state that includes protection of resource values for their significance to all state residents. In certain instances the presence and importance of these values is not appreciated until they become threatened or disappear. Washington must act now to begin developing its vision of the second century and in preparing plans to bring about that future.

Sec. 2. Section 5, chapter 263, Laws of 1945 as last amended by section 108, chapter 109, Laws of 1987 and RCW 90.44.050 are each amended to read as follows:

END FIVE THOUSAND GALLON EXEMPTION. (1) After June 6, 1945, but prior to July 1, 1990, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons ((a)) per day.

(2) On or after July 1, 1990, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed unless an application to appropriate such waters has been made to the department and a permit has been granted by it. The department from time to time may require the person or agency making such withdrawal to furnish information as to the quantity of such withdrawal.

(3) The department may deny an application for withdrawal of public ground water to be used for stock watering, watering a lawn or noncommercial garden not exceeding one-half acre in size, or for industrial, single, or group domestic uses not exceeding five thousand gallons per day only where (a) the approval would not serve the public interest, or (b) where the application serves two or more services within a critical ground water supply service area as defined in chapter 70.116 RCW or in a ground water management area as defined pursuant to RCW 90.44.400 and approval would be inconsistent with the comprehensive plan of the local jurisdiction.

(4) The department may develop an expedited process for applications to withdraw public ground water to be used for stock watering, watering a lawn or noncommercial garden not exceeding one-half acre in size, or for industrial, single, or group domestic uses not exceeding five thousand gallons per day.

Sec. 3. Section 7, chapter 216, Laws of 1979 ex. sess. and RCW 90.03.345 are each amended to read as follows:

WATER RESERVATIONS. The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment. Whenever an application for a permit to make beneficial use of public waters embodied in a reservation, established after ((~~the effective date of this act~~)) September 1, 1979, is filed with the department of ecology after the effective date of such reservation, the priority date for a permit issued pursuant to an approval by the department of ecology of the application shall be the effective date of the reservation.

Any application for a reservation of water to be used in part or in whole by a public water system, as defined in RCW 70.116.030(3), shall be a participant in a coordinated water supply system plan. The department may condition the acceptance of an application for a water reservation upon the participation of the applicant in a coordinated water supply system plan.

NEW SECTION. Sec. 4. A new section is added to chapter 84.33 RCW to read as follows:

TIMBER CONVERSION WAITING PERIOD. When the owner of any land designated as forest land under RCW 84.33.120(4) or 84.33.130 requests removal of the land from the forest tax designation the county assessor shall notify the appropriate county officials. The county shall not issue any permit, where the issuance of the permit would result in a change in land use on the parcel nor shall the county accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from forest land classification. In no case will the change in land use be permitted if the new land use is not consistent with the county comprehensive plan.

The provisions of this section shall be in addition to all provisions of this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 84.34 RCW to read as follows:

TIMBER CONVERSION WAITING PERIOD. When the owner of any land designated as current use classification under this chapter requests removal of the land from the current use classification the county assessor shall notify the appropriate county officials. The county shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the county accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from current use classification. In no case will the change in land use be permitted if the new land use is not consistent with the county comprehensive plan.

The provisions of this section shall be in addition to all provisions of this chapter.

NEW SECTION. Sec. 6. A new section is added to chapter 84.28 RCW to read as follows:

TIMBER CONVERSION WAITING PERIOD. When the owner of any land designated as reforestation lands under this chapter requests removal of the land from the reforestation land classification the county assessor shall notify the appropriate county officials. The county shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the county accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from reforestation land classification. In no case will the change in land use be permitted if the new land use is not consistent with the county comprehensive plan.

The provisions of this section shall be in addition to all provisions of this chapter.

NEW SECTION. Sec. 7. A new section is added to chapter 35.63 RCW to read as follows:

RESOURCE LAND. When the owner of any land described as agricultural or forestry use in the comprehensive plan of the local jurisdiction requests removal of the land from the agricultural or forestry use the local jurisdiction shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the local jurisdiction accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from agricultural or forestry land use.

NEW SECTION. Sec. 8. A new section is added to chapter 36.70 RCW to read as follows:

RESOURCE LAND. When the owner of any land described as agricultural or forestry use in the county comprehensive plan requests removal of the land from the agricultural or forestry use the county shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the county accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from agricultural or forestry land use.

Sec. 9. Section 1, chapter 104, Laws of 1987 and RCW 19.27.095 are each amended to read as follows:

PROOF OF WATER RIGHT. (1) A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application.

(2) The requirements for a fully completed application shall be defined by local ordinance.

(3) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.

(4) Each applicant for a building permit shall provide evidence of a water source for the building. Evidence may be in the form of a water right certificate from the department of ecology, a letter from the water purveyor stating the ability to provide water, or another form adequate to verify the existence of a valid water source. An application for a water right shall not be adequate proof of a valid water source.

NEW SECTION. Sec. 10. A new section is added to chapter 43.63A RCW to read as follows:

INVENTORYING AND COLLECTING DATA. (1) The department shall assist in the process of inventorying and collecting data on public and private land for the acquisition of data describing land uses, demographics, infrastructure, environmentally sensitive areas, transportation corridors physical features, housing, and other information useful in managing growth throughout the state. For this purpose the department shall contract with the department of information services and shall form an advisory group consisting of representatives from state, local, and federal agencies, colleges and universities, and private firms with expertise in land planning, and geographic information systems.

(2) The department shall establish a sequence for acquiring data, giving priority to rapidly growing areas. The data shall be retained in a manner to facilitate its use in preparing maps, aggregating with data from multiple jurisdictions, and comparing changes over time. Data shall further be retained in a manner which permits its access via computer.

(3) By December 1, 1990, the department shall report to the appropriate committees of the house of representatives and senate on the availability of existing data; specific data which is needed but not currently available; data compatibility across jurisdictions; the suitability of various types of data for retention on computer; the cost of collecting, storing, updating, mapping, and manipulating data on a computer; and recommendations on how to maintain an inventory of data which is accessible to any user and whether to maintain the data at a central repository or decentralized repositories.

(4) The department shall work with other state agencies, local governments, and private organizations that are inventorying public and private lands to ensure close coordination and to ensure that duplication of efforts does not occur.

NEW SECTION. Sec. 11. APPROPRIATION--GENERAL FUND. Two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of community development, for the biennium ending June 30, 1991, for the inventories under section 10 of this act.

NEW SECTION. Sec. 12. SEVERABILITY CLAUSE. 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.

NEW SECTION. Sec. 13. SECTION HEADINGS NOT PART OF LAW. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 14. EFFECTIVE DATE. Sections 4 through 6 of this act shall take effect January 1, 1992.