S-3606               _______________________________________________

                                                   SENATE BILL NO. 6539

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State of Washington                               51st Legislature                              1990 Regular Session

By Senator Metcalf

Read first time 1/17/90 and referred to Committee on  Environment & Natural Resources.

AN ACT Relating to drainage of waters in natural watercourses; 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 to read as follows:

          (1) A person may not cause a substantial increase in the flow of water in a natural watercourse that results in exceeding the capacity of the watercourse to convey water in its condition prior to the person's action.

          (2) As used in this section, the following definitions apply:

          (a) "Watercourse" means a channel with a defined bed and banks or a depression or swale that in its natural condition acts to drain water flowing perennially or intermittently;

          (b) "Flow" means both volume and rate of conveyance;

          (c) "Person" has the meaning given in RCW 1.16.080 and includes political subdivisions of the state of Washington and units of local government;

          (d) "Agricultural land" has the meaning given in RCW 84.34.020.

          (3) This section shall not apply to:

          (a) The diversion and collection of water for irrigation of agricultural lands, including the discharge of used irrigation water;

          (b) Silvacultural activities conducted pursuant to a forest practices permit issued under chapter 76.09 RCW;

          (c) Activities causing increased water flows for which adequate flowage easements or other appropriate property interests have been obtained;

          (d) Where the activities causing increased water flows were conducted in compliance with a permit issued by a state or local government agency that includes requirements to meet the standard of this section and any additional state or local drainage requirements.

          (4) The standard established in subsection (1) of this section shall be incorporated into any state or local government permit that specifically provides requirements related to surface water management.