AN ACT Relating to water use efficiency and conservation; amending RCW 90.54.020, 90.03.005, and 90.54.120; adding a new section to chapter 43.20 RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.48 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 and in some cases will be a potential new source 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 8, chapter 216, Laws of 1979 ex. sess. and RCW 90.03.005 are each amended to read as follows:

It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural values and rights. Consistent with this policy, the state supports economically feasible and environmentally sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities. Further, based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account sound principles of water management, the benefits and costs of improved water use efficiency, and the most effective use of public and private funds, and, when appropriate, to work to that end in concert with the agencies of the United States and other public and private entities.

NEW SECTION. Sec. 3. (1) Nothing in this act shall affect existing water rights.

(2) Nothing in this act shall be used to prevent future storage options, recognizing that storage may be necessary as a method of conserving water to meet both instream and out-of-stream needs.

Sec. 4. 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) "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.

(3) "Waste" means any nonbeneficial use of water, including flood flows, and other instream-flows that are not a reasonably efficient use of water and the use of water for any purpose with less than reasonably efficient practices.

(4) "Water use efficiency" means cost-effective measures, practices, storage projects, or techniques that increase the net benefits derived from the state's water resources.

NEW SECTION. Sec. 5. 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 efficiency and conservation programs should utilize an appropriate mix of economic incentives, cost share programs, regulatory programs, and technical and public information efforts. Programs which encourage voluntary participation are preferred.

(2) Increased water use efficiency, including water storage and waste water recycling, should receive consideration as potential sources of water in state and local water resource planning processes.

(3) In determining the cost-efficiency of alternative water sources, full consideration should be given to the benefits of the conservation and storage of flood flow waters which can reduce the damage to stream banks and property, increase the utilization of land, provide water for municipal, industrial, agricultural, and other beneficial uses, provide for the generation of electric power from renewable resources, and improve stream flow regimes for fishery and other instream uses.

(4) Entities receiving state financial assistance for water supply planning or construction, conservation, or water quality improvements should develop and implement a cost-effective water use efficiency and conservation element of a water supply plan pursuant to section 10 of this act.

(5) Public funding of water efficiency and conservation improvements should be directed to those projects with the greater public benefit. Incentives that encourage reasonably efficient practices should be considered.

(6) Temporary and permanent transfers of water and water rights and establishment of "water banks" should be encouraged as means of improving water use efficiency so long as they are consistent with state water policies and the public interest.

(7) State programs to improve water use efficiency should focus 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) It is the policy of the state to allow the reuse of greywater for lawns, gardens, trees, and other uses consistent with the protection of public health and water quality. In addition, the reuse of other waste water should be examined and, if consistent with the protection of public health and water quality, should be encouraged.

(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 and development of this vital resource. In order to increase this awareness, state agencies, under the lead of the department of ecology, should undertake a public education program relating to increased water use efficiency. This effort shall be coordinated with other levels of government, including local governments and Indian tribes.

NEW SECTION. Sec. 6. A new section is added to chapter 90.03 RCW to read as follows:

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. 7. A new section is added to chapter 19.27 RCW to read as follows:

(1) The state building code council shall promulgate rules pursuant to chapter 34.05 RCW that establish standards to achieve water conservation benefits relative to buildings constructed or remodeled in the state after the effective date the rules are adopted. The council shall, except as provided in this section, follow the legislature's guidelines as set forth in this section to design these water conservation performance standards for use in all new construction and all remodeling involving replacement of plumbing fixtures. The standards shall apply to all residential, hotel, motel, school, industrial, commercial use, or other occupancies determined by the council to use significant quantities of water. Such standards shall be no more restrictive than the guidelines set forth in this section. In addition to the guidelines set forth, the building code council shall take into account the availability of low-volume fixtures to achieve water efficiency which are technologically feasible and economically justified, and assess potential impact on necessary flow or water required to insure sewerage or septic lines and treatment plant will effectively operate.

(2) The legislature recognizes that a phasing-in approach to these new standards is appropriate. Therefore, standards no more restrictive than the guidelines identified in subsection (3) of this section shall be adopted to take effect on July 1, 1990. In 1992 the council shall consider revisions to those standards. Revisions adopted shall be no more restrictive than those guidelines identified in subsection (4) of this section to take effect July 1, 1993.

(3) Guidelines for water use efficiency. (a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets!w× 3.5 gpf.

Flushometer-valve toilets!w× 3.5 gpf.

Flushometer-tank toilets!w× 3.5 gpf.

Electromechanical hydraulic toilets!w× 3.5 gpf.

(b) Standard for urinals. The guideline for maximum water use allowed for any urinal is 3.0 gallons per flush.

(d) Standard for faucets. The guideline for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following:

Bathroom faucets!w× 3.0 gpm.

Lavatory faucets!w× 3.0 gpm.

Kitchen faucets!w× 3.0 gpm.

Replacement aerators!w× 3.0 gpm.

(e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by spring or water pressure when left unattended (self-closing).

(f) No urinal or water closet that operates on a continuous flow or continuous flush basis shall be permitted.

(4) Guidelines for water use efficiency after July 1, 1993.

(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets!w× 1.6 gpf.

Flushometer-tank toilets!w× 1.6 gpf.

Electromechanical hydraulic toilets !w× 1.6 gpf.

(b) Standards for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush.

(d) Standards for faucets. The guideline for maximum water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following:

Bathroom faucets!w× 2.5 gpm.

Lavatory faucets!w× 2.5 gpm.

Kitchen faucets!w× 2.5 gpm.

Replacement aerators!w× 2.5 gpm.

(f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted.

NEW SECTION. Sec. 8. A new section is added to chapter 90.48 RCW to read as follows:

The department of ecology shall require sewer plans to include a discussion of water conservation measures considered or underway and their anticipated impact on public sewer service.

NEW SECTION. Sec. 9. A new section is added to chapter 90.54 RCW to read as follows:

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

(a) 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 funding, water right transfers, and issuance of new water rights; and

(b) Investigate and seek public input on the feasibility of developing guidelines for conveyance efficiency, and publish the findings in a report to the legislature by July 1, 1991.

(2) The department of ecology may establish a task force to assist in a state-wide evaluation of irrigated areas, not to exceed six months in duration, to determine the associated impacts of efficiency measures, efficiency opportunities, and local interest. The department and the task force shall establish a list of basin and stream efficiency initiatives and select an irrigation area for a voluntary demonstration project.

(3) Prior to conducting conservation assessments and developing conservation plans, the department of ecology shall secure technical and financial assistance from the bureau of reclamation to reduce the costs to the state to the extent possible.

(4) A "conservation assessment" as described in this section shall be conducted before a demonstration project to increase the efficiency of irrigated agriculture is undertaken for an irrigated area, a basin, subbasin, or stream. The conservation assessment should:

(a) Evaluate existing patterns, including current reuse of return flows, and priorities of water use;

(b) Assess conflicting needs for future water allocations and claims to reserved rights;

(d) Assess alternative efficiency measures;

(e) Determine the likely net effect of efficiency improvements including the amount and timing of water that would be saved and potential benefits and impacts to other water uses and resources including effects on artificial recharge of ground water and wetland impacts;

(f) Evaluate the full range of costs and benefits that would accrue from various measures; and

(g) Evaluate the potential for integrating conservation efforts with operation of existing or potential storage facilities.

(5) The conservation assessment shall be used as the basis for development of a demonstration conservation plan to rank conservation elements based on relative costs, benefits, and impacts. It shall also estimate the costs of implementing the plan and propose a specific basis for cost share distributions.

The demonstration conservation plan shall be developed jointly by the department and a conservation plan formulation committee consisting of representatives of a cross-section of affected local water users, members of the public, and tribal governments. Other public agencies with expertise in water resource management may participate as nonvoting committee members. A proposed demonstration conservation plan may be approved by the department and the committee only after public comment has been received.

(6) The department and the conservation plan formulation committee shall establish an implementation oversight committee comprised of local water interests and public members to assist in implementation of the demonstration conservation plan.

NEW SECTION. Sec. 10. 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 policy set forth in 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 be limited to the following:

(a) Establish guidelines for the development and review of cost-efficient 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;

(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; and

(d) Develop criteria, with input from technical experts, for reuse of greywater and other water recycling practices.

(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. 11. 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 10 of this act. Nothing in this act shall infringe on the rate-making prerogatives of any local entity. The department of social and health services however, shall develop model rate-setting formulas aimed at assisting the decision-making process of small water purveyors.

NEW SECTION. Sec. 12. 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.