S-2438               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5846

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State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senator Metcalf)

Read first time 3/1/89.

AN ACT Relating to liability for damage from surface water runoff; and adding a new section to chapter 90.03 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 90.03 RCW are each amended to read as follows:

          Any landowner, whose actions cause or artificially facilitate diffuse surface water or water in a natural water course or drainage area to be discharged from or within that person's land upon the land of another in a different quantity or manner than the natural flow, shall be liable for all damage caused to such other land by said discharge.  The landowner shall not be liable where the action was approved by a state or local government permit.  When a permit is issued without compliance with all applicable regulations of the issuing state or local government, that state or local government shall be liable for damages under this section.  This section shall not apply to actions related to:  (1) Diversion and collection of water for the irrigation of agricultural lands, or (2) livestock watering, or (3) a forest practices permit issued pursuant to chapter 76.09 RCW.  For purposes of this section, "person" has the meaning given in RCW 1.16.080 and includes political subdivisions of the state of Washington, and "agriculture land" has the meaning given in RCW 84.34.020.