S-1585               _______________________________________________

                                                   SENATE BILL NO. 5846

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Metcalf

Read first time 2/10/89 and referred to Committee on  Environment & Natural Resources.

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.  This section shall not apply to diversion and collection of water for the irrigation of agricultural land.  For the purpose of this section, "person" has the meaning given in RCW 1.16.080 and includes political subdivisions of the state of Washington, and "agricultural land" has the meaning given in RCW 84.34.020.