6291-S2 AAS 3/1/94
2SSB 6291 - S AMD - 000293
By Senators Sutherland, Rassmussen, Newhouse, Amondson and Morton
RULED WITHIN SCOPE & OBJECT; ADOPTED 3/1/94
On page 1, after line 18, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:
In furtherance of the purpose of chapter . . ., Laws of 1994 (this act) to more expeditiously make decisions regarding water right applications as stated in section 1 of this act, the legislature finds that the administering agency will be better enabled to make decisions and be better able to assure conditions placed on permits and certificates are complied with if procedures for the regulation of waters and water rights are clearly established. The purpose of this section is to set forth the powers of the department to regulate the withdrawal or diversion of public waters and water or water rights related thereto including regulation based on dates of priority or other pertinent factors. Regulatory actions taken under this section shall be based on examination and determination by the department or the court, as applicable, of the various water rights involved according to the department's records and other records and pertinent facts. The powers set forth in this section may be exercised whether or not a general adjudication relating to the water rights involved has been conducted.
(1) In a regulatory situation (a) where a water right or all water rights proposed for regulation by the department, as well as any right or rights of a senior priority that the proposed regulation is designed to protect, is or are embodied in a certificate or certificates issued under RCW 90.03.240, 90.03.330, 90.38.040, 90.42.040, or 90.44.060 or a permit or permits issued pursuant to RCW 90.03.290 or 90.44.060; or (b) where a flow or level has been established by rule pursuant to chapter 90.22 or 90.54 RCW; or (c) where it appears to the department that public waters are being withdrawn without any right or other appropriate authority whatsoever, the department in its discretion is authorized to regulate the right or rights under either RCW 43.27A.190 or subsection (2) of this section.
(2) In a regulatory situation where one or more of the water rights proposed for regulation by the department, as well as any right or rights of a senior priority that the proposed regulation is designed to protect, is not or are not embodied in a permit or certificate as described in subsection (1) of this section, the department, as its sole and exclusive power to regulate, is authorized to bring an appropriate action at law or in equity, including seeking injunctive relief, as it may deem necessary. Where actions are brought in a state court, the actions shall be initiated in the superior court of the county where the point or points of diversion of the water right or rights proposed for regulation are located. If the points of diversion are located in more than one county, the department may bring the action in a county where a point of diversion is located.
(3) Nothing in this section authorizes the department to accomplish a general adjudication of water rights proceeding or the substantial equivalent of a general adjudication of water rights. The exclusive procedure for accomplishing a general adjudication of water rights is under RCW 90.03.110 through 90.03.245 or 90.44.220.
(4) Nothing in this section shall have an impact on RCW 90.14.130 or 90.14.200.
(5) This section does not in any way modify regulatory powers previously placed with the department except as provided in subsections (1) and (2) of this section."
Renumber the remaining sections consecutively and correct any internal references accordingly.
2SSB 6291 - S AMD - 000304
By Senators Rasmussen, Deccio, Haugen, Morton, Loveland and Talmadge
ADOPTED 3/1/94
On page 9, after line 9, insert the following:
"(f) Implementation of water efficiency measures, including conservation and reclaimed water use;"
Renumber the remaining subsections consecutively and correct internal references accordingly.
2SSB 6291 - S AMD - 000304
By Senators Rasmussen, Deccio, Haugen, Morton, Loveland and Talmadge
ADOPTED 3/1/94
On page 12, line 21, after "department" insert ", under this chapter or chapter 90.46 RCW"
2SSB 6291 - S AMD 000301
By Senators Rasmussen, Newhouse, Loveland, Fraser, Morton, Sutherland and Williams
ADOPTED 3/1/94
On page 17, beginning on line 31, strike all of section 25 and insert the following:
"NEW SECTION. Sec. 25. (1) The department of ecology shall in conjunction with the task force created in section 3, chapter 495, Laws of 1993 develop a budget process for its water rights administration program that accomplishes the following:
(a) Identifies targets for permitting activities for the biennium;
(b) Identifies workload standards;
(c) Prepares a draft budget;
(d) Provides for timely public review of the draft budget; and
(e) Circulates a final budget.
(2) The department of ecology shall, in conjunction with the water rights programs review task force, establish and periodically review the following:
(a) Workload standards and proposed incentives to improve such standards;
(b) Program expenditure categories to account for and track costs related to the water rights administration program; and
(c) Success measures based upon programmatic results designed to evaluate program effectiveness and standards for defining the measures.
In establishing the initial workload standards, the legislature has an expectation that the department of ecology will process a simple, basic application in six months and an application of intermediate difficulty in one year.
(3) The task force shall report annually to the legislature on the success measures established, the number of water right permit decisions made, and the associated costs of administering the water rights program.
(4) The legislature may provide for another state entity or an independent contractor to conduct periodic performance audits or evaluations of the effectiveness and efficiency of the department of ecology in meeting its workload standards and achieving programmatic success.
(5) This section shall expire on June 30, 1998.
Sec. 26. 1993 c 495 s 3 (uncodified) is amended to read as follows:
(1) There is created a
water rights ((fees)) programs review task force. The task force
shall be comprised of ((fourteen)) fifteen members, who are
appointed as follows:
(a) Two members of the Washington state house of representatives, one from each major caucus, to be appointed by the speaker of the house of representatives;
(b) Two members of the Washington state senate, one from each major caucus, to be appointed by the president of the senate;
(c) ((Ten)) Eleven
members, to be appointed jointly by the speaker of the house of representatives
and the president of the senate, to represent the following interests:
Agriculture, aquaculture, business, cities, counties, the state department of
ecology, environmentalists, water recreation interests, water utilities, rural
residential interests, and hydropower interests. ((The task force may
establish technical advisory committees as necessary to complete its tasks.))
(2) In addition to
the functions established in section 25 of this act, the task force shall
conduct a ((comprehensive)) review ((of water rights fees. The task
force's tasks shall include)), including but not ((be))
limited to the following matters:
(a) ((Identification
of the costs associated with the various activities and services provided by
the water rights program and examination of how these costs compare with the
fees charged for these activities and services;
(b) Identification
of appropriate accountability measures for the department of ecology to employ
in administration of the water rights program. Recommendations of accountability
requirements and measurements shall take into account the distinctive
characteristics of the water rights program, that is, that the department
receives a large number of applications on a one-time basis and that the
department of ecology must meet its legal obligations under the doctrine of
prior appropriation;
(c) Identification
of which program activities should be eligible for cost recovery from fees, as
well as which direct and indirect costs of program administration;
(d) Review of the
application, examination, and water rights permit requirements for marine water
users to determine if these users should receive special fee consideration;
(e) Review of the
definition and treatment of nonconsumptive water uses to determine if special
fee consideration should be given to these users;
(f) Review of the
fees and accounting methods for the dam safety program;
(g) Identification
of the appropriate distribution of responsibility between the applicant and the
department of ecology for provision of technical information and analysis; and
(h) Establishment of
a reasonable time framework for completion of new and pending water rights
applications, and an analysis of the staff and funding levels required to meet
the established time framework))
Implementation of the development and maintenance of the water resource data
management system, monitored on an annual basis; and
(b) The use and amount of funds available for the water right permit processing and data management programs and the transition between fiscal year 1998 and fiscal year 1999.
(3) Before December 1,
((1993)) 1997, the task force shall provide recommendations to
the legislature regarding:
(a) ((Provide
recommendations to the department of ecology on ways to improve the efficiency
and accountability of the water rights program;
(b) Provide
recommendations to the legislature on statutory changes necessary to make these
efficiency and accountability improvements; and
(c) Propose a new
fee schedule for the water rights program which incorporates the results of the
task force's work and which funds through fees fifty percent of the cost of the
activities and services provided by the program)) The efficiency and accountability of the
water right permit processing program and the need for change to the level of
funding in fiscal year 1999;
(b) The future direction of the water resource data management program and the need for changes to the level of funding in fiscal year 1999; and
(c) Modification to the fee schedule to fund water right permit processing and data management programs that is to go into effect on July 1, 1998, including a reexamination of the fee on exempt wells established in RCW 90.03.--- (section 28 of this act).
(4) The department of ecology and the legislature shall jointly provide for the staff support of the task force.
(5) The task force
shall convene as soon as possible upon the appointment of its members. Task
force members shall elect a chair and adopt rules for conducting the business
of the task force. The task force shall expire on June 30, ((1994)) 1998."
Renumber the remaining sections consecutively and correct any internal references accordingly.
2SSB 6291 - S AMD - 000304
By Senators Rasmussen, Deccio, Haugen, Morton, Loveland and Talmadge
ADOPTED 3/1/93
On page 28, after line 26, insert the following:
"Sec. 31. RCW 90.46.020 and 1992 c 204 s 3 are each amended to read as follows:
(1) The department of
ecology shall, in coordination with the department of health, develop ((interim))
standards for ((pilot projects under subsection (3) of this section on or
before July 1, 1992, for)) the use of reclaimed water in land applications.
(2) The department of
health shall, in coordination with the department of ecology, develop ((interim))
standards for ((pilot projects under subsection (3) of this section on or
before November 15, 1992, for)) the use of reclaimed water in commercial
and industrial activities.
(3) The department of
ecology and the department of health shall assist interested parties in the
development of ((pilot)) projects to aid in achieving the purposes of
this chapter."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 28, line 33, after "29 through" strike "31" and insert "32"
2SSB 6291 - S AMD - 000294
By Senators Sutherland, Rasmussen, Talmadge, Fraser, Morton and Sellar
ADOPTED 3/1/94
On page 28, after line 26, insert the following:
"NEW SECTION. Sec. 31. The legislature shall examine and recommend state policies relating to water rights, water use, and water doctrine and report the recommendations to the appropriate standing committees of the 1995 legislature."
Renumber the remaining sections consecutively and correct any internal references accordingly.
2SSB 6291 - S AMD - 000304
By Senators Rasmussen, Deccio, Haugen, Morton, Loveland and Talmadge
ADOPTED 3/1/94
On page 1, line 4 of the title, after "89.30.001," strike "and 90.40.090" and insert "90.40.090, and 90.46.020"
2SSB 6291 - S AMD
By Senators Rasmussen, Newhouse, Loveland, Fraser, Morton, Sutherland and Williams
ADOPTED 3/1/94
On page 1, line 4 of the title, after "90.40.090;" insert "amending 1993 c 495 s 3 (uncodified);"
2SSB 6291 - S AMD - 000293
By Senators Sutherland, Rasmussen, Newhouse, Amondson and Morton
ADOPTED 3/1/94
On page 1, line 4 of the title, after "90.40.090;" insert "adding new sections to chapter 90.03 RCW;"
On page 1, beginning on line 5 of the title, after "43.21B RCW;" strike "adding new sections to chapter 90.03 RCW;"
2SSB 6291 - S AMD
By Senators Sutherland, Rasmussen, Talmadge, Fraser, Morton and Sellar
ADOPTED 3/1/94
On page 1, line 6 of the title, after "creating;" strike "a new section" and insert "new sections"
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