6291-S2.E AMS RASS H4598.1
E2SSB 6291 - S AMD
By Senators Rasmussen and Newhouse
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The purpose of chapter . . ., Laws of 1994 (this act) is to make changes to the water right permitting process and to provide sufficient funds to catch up on the backlog of water right applications in as short a period as possible.
In furtherance of this purpose, the department shall expedite to the maximum extent possible the processing of water right applications, consistent with RCW 90.03.290, in areas where there are no known shortages of water. In areas where there is a known shortage of water, the department may act promptly to deny the water right applications.
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, chapter . . ., Laws of 1994 (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 each water right proposed for regulation by the department, as well as each right 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 may regulate the right or rights under either RCW 43.27A.190 or subsection (2) of this section.
(2) The department may bring action in superior court for such remedies as it may deem necessary, including injunctive or other equitable relief, under the following situations: (a) When authorized in a regulatory situation under subsection (1) of this section; or (b) in a regulatory situation where one or more of the water rights proposed for regulation by the department, or one or more of the water rights of a senior priority that the proposed regulation is designed to protect, is not or are not embodied in a certificate or permit as described in subsection (1)(a) of this section. For purposes of regulatory situations covered under (b) of this subsection, court action under this subsection constitutes the department's sole and exclusive method of regulation. Action brought under this subsection 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.
Sec. 3. RCW 90.03.340 and 1987 c 109 s 90 are each amended to read as follows:
After January 1,
1995, the priority date of the right acquired by appropriation ((shall
relate back to)) is the date ((of filing of)) the ((original))
completed application form for the right is filed with the department.
For the purposes of this section and RCW 90.03.270, a completed application
form is one that contains all of the information requested on the form and is
accompanied by the application fee.
Sec. 4. RCW 90.03.270 and 1987 c 109 s 85 are each amended to read as follows:
Upon receipt of ((an))
a completed water right application form, it shall be the duty of
the department to ((make an endorsement thereon of the)) date ((of
its receipt,)) stamp and ((to)) keep a record of ((same))
it. If ((upon examination,)) an application form is filed
with the department but the information requested on the application
form is ((found to be defective,)) not complete or the form is
not accompanied by the proper application fee, the form and any application fee
filed with it shall be returned to the applicant ((for correction or
completion,)) and the date and the reasons for the return thereof shall be
((endorsed thereon and made a record in his office. No application shall
lose its priority of filing on account of such defects, provided acceptable
maps, drawings and such data as is required by the department shall be filed
with the department within such reasonable time as it shall require)) noted
in the department's records and in a letter returning the form. The department
may not require an applicant to provide information in support of an
application for a water right permit that is not necessary for the department's
investigations, determinations, or findings regarding that particular
application.
Sec. 5. RCW 90.03.280 and 1988 c 36 s 65 are each amended to read as follows:
Upon receipt of a ((proper))
completed application, the department shall instruct the applicant to
publish notice ((thereof)) in a form and within a time prescribed by ((him))
the department in a newspaper of general circulation published in the
county or counties in which the storage, diversion or withdrawal, and
use is to be made, and in such other newspapers as ((he)) the
department may direct, once a week for two consecutive weeks. The
notice shall include information pertinent to the proposed appropriation,
including the location, the source, the purpose or purposes of use, and the
quantity proposed to be diverted or withdrawn. The notice shall state that
persons wishing to protest the proposed application must do so in writing to
the department within thirty days of the last date of publication of the
notice. In order to be considered by the department, a protest must be
received by the department within thirty days of the last date of publication
of the notice. Upon receipt by the department of an application it shall
send notice thereof containing pertinent information to ((the director of
fisheries and)) the director of fish and wildlife.
NEW SECTION. Sec. 6. A new section is added to chapter 43.21B RCW to read as follows:
In a proceeding before the pollution control hearings board challenging a decision of the department related to the issuance, conditioning, transfer, amendment, or denial of a water right permit under Title 90 RCW, the burden of proof is on the person filing the appeal.
NEW SECTION. Sec. 7. A new section is added to chapter 43.21B RCW to read as follows:
Only a person with standing as defined in RCW 34.05.530 may appeal to the pollution control hearings board a decision of the department to issue, condition, transfer, amend, or deny a water right under Title 90 RCW.
NEW SECTION. Sec. 8. A new section is added to chapter 43.21B RCW to read as follows:
One member of the pollution control hearings board may hear and render a decision on an appeal from a water right applicant regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.
NEW SECTION. Sec. 9. A new section is added to chapter 90.03 RCW to read as follows:
A water right applicant may appeal to the pollution control hearings board a determination by the department regarding the nature and extent of the information needed to make determinations regarding the application for or the processing of a water right permit.
NEW SECTION. Sec. 10. A new section is added to chapter 90.03 RCW to read as follows:
(1) The department shall develop a general permit system for appropriating water for nonconsumptive, nonbypass uses and a general permit system for appropriating marine waters for use on upland sites. These systems shall be designed and used to streamline the consideration of applications for nonconsumptive, nonbypass water uses and marine water uses that by their nature do not raise issues regarding water availability or the impairment of other water rights. The evaluation and report required for an application under RCW 90.03.290 are not required for applications processed under the general permit system. For the purposes of this section:
(a) "Nonconsumptive, nonbypass use" means a use of water in which water is diverted from a stream or withdrawn from an aquifer and following its use is discharged, as determined by the department, back to or very near the point of diversion or withdrawal without diminishment in quantity or quality and with little or no damage to fish habitat;
(b) "Without diminishment of quality" means that, before being discharged back to its source, the water being discharged meets state water quality standards adopted under chapter 90.48 RCW; and
(c) "Marine waters" means the coastal saline waters under the jurisdiction of the state.
(2) The department shall establish the general permit systems by adopting rules in accordance with chapter 34.05 RCW. Before the adoption of rules for a system, at least four public hearings must be held at various locations around the state. The hearings on the general permit system for marine water use must be held in appropriate coastal communities. The rules shall identify criteria for proposed uses of water for which applications might be processed under each system and shall establish procedures for filing and processing applications under the general permit systems.
NEW SECTION. Sec. 11. A new section is added to chapter 90.03 RCW to read as follows:
An application for appropriating water under a general permit system established under section 10 of this act shall be made on a form adopted and provided by the department. Within sixty days of the publication of a notice for the application in accordance with RCW 90.03.280, the department shall determine whether the proposed use is eligible to be processed under the general permit system. If the department determines that the proposed use is eligible to be processed under the system, the application shall be processed under it. If the department determines that the proposed use is not eligible for the processing, the department shall explain to the applicant in writing the reasons for its determination. For a proposed use determined ineligible for the processing, if the department finds that the information contained on the application form substantially satisfies the information requirements for an application for a use that would normally be filed for processing the application outside of the general permit system, the department shall notify the applicant of its finding and shall process the application as if it were filed for processing outside of the system. If the department finds that the information does not substantially satisfy the requirements, the application shall be considered to be incomplete for the processing and the applicant shall be notified of this consideration.
Sec. 12. RCW 90.03.290 and 1988 c 36 s 66 are each amended to read as follows:
(1) When ((an))
a completed application complying with the provisions of this chapter
and with the rules ((and regulations)) of the department has been filed,
the ((same)) application shall be placed on record with the
department, and it shall be ((its)) the department's duty to ((investigate
the application, and)) determine what water, if any, is available for
appropriation, and find and determine to what beneficial use or uses it can be
applied.
The department shall investigate the application. It is the duty of the applicant to provide a completed application form. In addition to providing the information requested on the form, however, the applicant shall also provide such information as may be required for the department's investigation, determinations, and findings regarding the application and may provide additional information. The information provided by the applicant must satisfy the protocols, that is, study plans and criteria, established by the department for obtaining and providing the information. If an applicant provides the information and the protocols set by the department for obtaining and providing it have been satisfied, the department shall review the information and may take actions to verify that the information is accurate, but it may not, except to replace inaccurate information, take actions that would constitute obtaining major portions of the information anew.
(2) With regard to an application:
(a) If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation.
(b) If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.
(3) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.
(4) The
department shall make and file as part of the record in the matter, written
findings of fact concerning all things investigated, and if it shall find that
there is water available for appropriation for a beneficial use, and the
appropriation thereof as proposed in the application will not impair existing
rights or be detrimental to the public welfare, it shall issue a permit stating
the amount of water to which the applicant shall be entitled and the beneficial
use or uses to which it may be applied: PROVIDED, That where the water applied
for is to be used for irrigation purposes, it shall become appurtenant only to
such land as may be reclaimed thereby to the full extent of the soil for
agricultural purposes. But where there is no unappropriated water in the
proposed source of supply, or where the proposed use conflicts with existing
rights, or threatens to prove detrimental to the public interest, having due
regard to the highest feasible development of the use of the waters belonging
to the public, it shall be duty of the department to reject such application
and to refuse to issue the permit asked for. If the permit is refused because
of conflict with existing rights and such applicant shall acquire same by
purchase or condemnation under RCW 90.03.040, the department may thereupon
grant such permit. Any application may be approved for a less amount of water
than that applied for, if there exists substantial reason therefor, and in any
event shall not be approved for more water than can be applied to beneficial
use for the purposes named in the application. In determining whether or not a
permit shall issue upon any application, it shall be the duty of the department
to investigate all facts relevant and material to the application. After the
department approves said application in whole or in part and before any permit shall
be issued thereon to the applicant, such applicant shall pay the fee provided
in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by
the department upon any application, it shall be its duty to notify ((both
the director of fisheries and)) the director of fish and wildlife and
affected federally recognized Indian tribes of such issuance.
Sec. 13. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:
(1) Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected.
(2) For the purposes of this section, "good cause" includes but is not limited to the following circumstances that prevent work completion within the prescribed period:
(a) Active service in the armed forces of the United States during a military crisis;
(b) Nonvoluntary service in the armed forces of the United States;
(c) The operation of legal proceedings;
(d) Delays in securing other permits necessary to proceed with the development;
(e) A single transfer in ownership of the property;
(f) Implementation of water efficiency measures, including conservation and reclaimed water use;
(g) Encountering unanticipated physical impediments to construction; and
(h) Encountering generally depressed economic conditions.
(3) If the terms
of the permit or extension thereof((,)) are not complied with,
the department shall give notice by ((registered)) certified mail
that ((such)) the permit will be canceled unless the ((holders
thereof shall)) permittee shows cause within sixty days why
the ((same)) permit should not be ((so)) canceled. If
cause ((be)) is not shown, ((said)) the permit
shall be canceled.
Sec. 14. RCW 90.03.260 and 1987 c 109 s 84 are each amended to read as follows:
((Each application
for permit to appropriate water shall set forth the name and post office
address of the applicant, the source of water supply, the nature and amount of
the proposed use, the time during which water will be required each year, the
location and description of the proposed ditch, canal, or other work, the time
within which the completion of the construction and the time for the complete
application of the water to the proposed use. If for agricultural purposes, it
shall give the legal subdivision of the land and the acreage to be irrigated,
as near as may be, and the amount of water expressed in acre feet to be
supplied per season. If for power purposes, it shall give the nature of the
works by means of which the power is to be developed, the head and amount of
water to be utilized, and the uses to which the power is to be applied. If for
construction of a reservoir, it shall give the height of the dam, the capacity
of the reservoir, and the uses to be made of the impounded waters. If for municipal
water supply, it shall give the present population to be served, and, as near
as may be, the future requirement of the municipality. If for mining purposes,
it shall give the nature of the mines to be served and the method of supplying
and utilizing the water; also their location by legal subdivisions. All
applications shall be accompanied by such maps and drawings, in duplicate, and
such other data, as may be required by the department, and such accompanying
data shall be considered as a part of the application.)) The department
shall adopt rules in accordance with chapter 34.05 RCW by January 1, 1995, that
specify the contents of completed water right application forms. The rules
shall include specific timelines for the department to follow in making a
determination as to whether an application is complete and notifying the
applicant of its determination. The rules shall also identify the kinds of
inaccuracies that render an application incomplete.
Sec. 15. RCW 90.44.060 and 1987 c 109 s 109 are each amended to read as follows:
Applications for
permits for appropriation of underground water shall be made in the same form
and manner provided in RCW 90.03.250 through 90.03.340, as amended, the
provisions of which sections are hereby extended to govern and to apply to
ground water, or ground water right certificates and to all permits that shall
be issued pursuant to such applications, and the rights to the withdrawal of
ground water acquired thereby shall be governed by RCW 90.03.250 through
90.03.340, inclusive((: PROVIDED, That each application to withdraw public
ground water by means of a well or wells shall set forth the following
additional information: (1) the name and post office address of the applicant;
(2) the name and post office address of the owner of the land on which such
well or wells or works will be located; (3) the location of the proposed well
or wells or other works for the proposed withdrawal; (4) the ground water area,
sub-area, or zone from which withdrawal is proposed, provided the department
has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5)
the amount of water proposed to be withdrawn, in gallons a minute and in acre
feet a year, or millions of gallons a year; (6) the depth and type of
construction proposed for the well or wells or other works: AND PROVIDED
FURTHER, That)). The department shall adopt rules in accordance with
chapter 34.05 RCW by January 1, 1995, that specify the contents of completed
water right application forms. The rules shall include specific timelines for
the department to follow in making a determination as to whether an application
is complete and notifying the applicant of its determination. The rules shall
also identify the kinds of inaccuracies that render an application incomplete.
Any permit issued pursuant to an application for constructing a well or
wells to withdraw public ground water may specify an approved type and manner
of construction for the purposes of preventing waste of said public waters and
of conserving their head.
Sec. 16. RCW 90.03.250 and 1987 c 109 s 83 are each amended to read as follows:
Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.
The department shall encourage the filing of a consolidated application for a complex project under a single ownership that proposes to divert or withdraw water from more than one source, including a combination of surface and ground water sources. The filing of a consolidated application for transfer or change of one or more water rights involving multiple sources shall also be encouraged if all of the affected diversions or withdrawals are intended to serve a single project with a single ownership. The department shall adopt and provide forms for consolidated applications.
NEW SECTION. Sec. 17. A new section is added to chapter 90.03 RCW to read as follows:
(1) The department shall establish streamlined procedures for its processing of applications for de minimis appropriations of surface water, but only if the department has reserved and set aside the water for future beneficial use under RCW 90.54.050.
(2) Applications for appropriating water under this section shall be made on a form provided by the department. Within sixty days of the publication of a notice in accordance with RCW 90.03.280, the department shall issue or deny a permit for the requested appropriation. If the department denies the application, it shall explain its determination in writing.
(3) The department shall waive the evaluation and report requirements of RCW 90.03.290 if during the establishment of the reservation it was conclusively determined that water is available and that no impairment of existing water rights or the public interest will occur.
(4) This section may not be used in areas that are within urban growth areas as designated under RCW 36.70A.110 or within the service areas of a public water system as defined in chapter 70.119A RCW that has an available water supply.
(5) Unless the context clearly requires otherwise, as used in this chapter, "de minimis appropriation" means diversion and use of surface water in an amount not exceeding four hundred fifty gallons per day and not exceeding an instantaneous diversion rate of two one-hundredths cubic feet per second.
(6) The department shall develop, in cooperation with the department of health, informational materials regarding the risks of drinking untreated surface water. This informational material may be provided to prospective applicants. The department shall attach the informational materials to any permit that is approved under this section.
NEW SECTION. Sec. 18. A new section is added to chapter 90.03 RCW to read as follows:
(1) The department may authorize short-term uses of water without publication of the notice required under RCW 90.03.280 and without the report required under RCW 90.03.290. However, before approving a short-term use, the department shall determine to its satisfaction that the substantive criteria in RCW 90.03.290 are met and that a stream affected by a short-term use will be retained with sufficient flows to maintain instream uses and to protect existing water rights. The department shall adopt and provide application forms for persons applying for a short-term use and shall expedite its consideration of short-term use requests to the extent practicable.
(2) For the purposes of this chapter, "short-term use" means a use of water that will not exceed one year in duration. Short-term uses include but are not limited to use in construction, dust control, dewatering, and short-term planned fire suppression activities.
NEW SECTION. Sec. 19. A new section is added to chapter 90.03 RCW to read as follows:
The department shall establish a register that identifies, by water resource inventory area, applications for new water rights and applications for water right transfers and changes. The applications appearing in the register shall be limited to those requesting a new appropriation or change or transfer of more than three cubic feet per second of water. The register shall identify: The location of the proposed use, change, or transfer; whether the application is for surface or ground water; and, for surface water applications, the water source. The department shall produce the register once every two weeks and shall make the register available to interested parties for a fee that is based on the cost of producing and mailing the register. One year after the effective date of this section, the department may cease production of the register if the number of requests for the register are not adequate to cover the costs of producing and mailing it.
NEW SECTION. Sec. 20. (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 June 30, 1998.
Sec. 21. 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)) sixteen 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)) Twelve
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, federally
recognized Indian tribes, 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 20 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;
(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;
(c) The water rights programs review task force will conduct a study to determine potential savings and efficiencies attainable by integrating all water resource data management functions among natural resource management agencies into a single data management system compared with the savings and efficiencies currently realized by each natural resource management agency maintaining independent water resource information. In reviewing this matter, the task force will work with the natural resource management agencies to determine the nature and extent of each natural resource management agency's:
(i) Existing water resource data;
(ii) Existing water resource data management system or systems;
(iii) Dependence on water resource data to fulfill agency responsibilities;
(iv) Types of water resource data unique to that agency;
(v) Types of water resource data common to all natural resource agencies;
(vi) Method of managing water resources information, including an assessment of the compatibility of information management systems between natural resource management agencies, and the obstacles inhibiting integration and subsequent free exchange of water resource data between natural resource management agencies; and
(vii) Biennial cost of acquiring and maintaining each type of water resource data used by the agency.
For the purposes of this section, a "natural resource management agency" includes any of the following state agencies: Department of ecology, department of natural resources, department of fish and wildlife, and department of health.
The report shall be presented to the legislature on or before December 1, 1994; and
(d) In conjunction with the review required in (a) and (b) of this subsection, the task force shall recommend, by December 1, 1994, appropriate future funding sources for data management development.
(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 90.03.470.
(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.
Sec. 22. RCW 90.03.470 and 1993 c 495 s 2 are each amended to read as follows:
((Except as
otherwise provided in subsection (15) of this section, the following fees shall
be collected by the department in advance:
(1) For the examination
of an application for permit to appropriate water or on application to change
point of diversion, withdrawal, purpose or place of use, a minimum of ten
dollars, to be paid with the application. For each second foot between one and
five hundred second feet, two dollars per second foot; for each second foot
between five hundred and two thousand second feet, fifty cents per second foot;
and for each second foot in excess thereof, twenty cents per second foot. For
each acre foot of storage up to and including one hundred thousand acre feet,
one cent per acre foot, and for each acre foot in excess thereof, one-fifth
cent per acre foot. The ten dollar fee payable with the application shall be a
credit to that amount whenever the fee for direct diversion or storage totals
more than ten dollars under the above schedule and in such case the further fee
due shall be the total computed amount less ten dollars.
Within five days
from receipt of an application the department shall notify the applicant by
registered mail of any additional fees due under the above schedule and any
additional fees shall be paid to and received by the department within thirty
days from the date of filing the application, or the application shall be
rejected.
(2) For filing and
recording a permit to appropriate water for irrigation purposes, forty cents
per acre for each acre to be irrigated up to and including one hundred acres,
and twenty cents per acre for each acre in excess of one hundred acres up to
and including one thousand acres, and ten cents for each acre in excess of one
thousand acres; and also twenty cents for each theoretical horsepower up to and
including one thousand horsepower, and four cents for each theoretical
horsepower in excess of one thousand horsepower, but in no instance shall the
minimum fee for filing and recording a permit to appropriate water be less than
five dollars. For all other beneficial purposes the fee shall be twice the
amount of the examination fee except that for individual household and domestic
use, which may include water for irrigation of a family garden, the fee shall
be five dollars.
(3) For filing and
recording any other water right instrument, four dollars for the first hundred
words and forty cents for each additional hundred words or fraction thereof.
(4) For making a
copy of any document recorded or filed in his office, forty cents for each
hundred words or fraction thereof, but when the amount exceeds twenty dollars,
only the actual cost in excess of that amount shall be charged.
(5) For certifying
to copies, documents, records or maps, two dollars for each certification.
(6) For blueprint
copies of a map or drawing, or, for such other work of a similar nature as may
be required of the department, at actual cost of the work.
(7) For granting
each extension of time for beginning construction work under a permit to
appropriate water, an amount equal to one-half of the filing and recording fee,
except that the minimum fee shall be not less than five dollars for each year
that an extension is granted, and for granting an extension of time for
completion of construction work or for completing application of water to a
beneficial use, five dollars for each year that an extension is granted.
(8) For the
inspection of any hydraulic works to insure safety to life and property, the
actual cost of the inspection, including the expense incident thereto.
(9) For the
examination of plans and specifications as to safety of controlling works for
storage of ten acre feet or more of water, a minimum fee of ten dollars, or the
actual cost.
(10) For recording
an assignment either of a permit to appropriate water or of an application for
such a permit, a fee of five dollars.
(11) For preparing
and issuing all water right certificates, five dollars.
(12) For filing and
recording a protest against granting any application, two dollars.
(13))) The legislature finds it necessary to
assess additional fees for a four-year period in order to address the water
right application backlog and data management development. For the period July
1, 1994, through June 30, 1998, the department shall collect the following fees
in advance:
(1) Application filing fees for the following:
(a) Surface water and ground water applications:
(i)Greater than 0.0 and less than or equal to 0.2 cubic feet per second $90
(ii)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $290
(iii)Greater than 0.5 and less than or equal to 3 cubic feet per second $490
(iv)Greater than 3 and less than or equal to 5 cubic feet per second $660
(v)Greater than 5 and less than or equal to 20 cubic feet per second $820
(vi)Greater than 20 and less than or equal to 100 cubic feet per second $990
(vii)Greater than 100 cubic feet per second $1,150
(b) Reservoir applications:
(i)Greater than 0.0 and less than or equal to 10 acre-feet $90
(ii)Greater than 10 and less than or equal to 100 acre-feet $490
(iii)Greater than 100 and less than or equal to 1,000 acre-feet $820
(iv)Greater than 1,000 acre-feet $1,150
(c) Change applications:
(i)Changing a single element $90
(ii)Changing multiple elements $290
(2) Examination fees for the following:
(a) Surface water applications:
(i)Greater than 0.0 and less than or equal to 0.2 cubic feet per second $100
(ii)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $450
(iii)Greater than 0.5 and less than or equal to 3 cubic feet per second $820
(iv)Greater than 3 and less than or equal to 5 cubic feet per second $1,150
(v)Greater than 5 and less than or equal to 20 cubic feet per second $1,480
(vi)Greater than 20 and less than or equal to 100 cubic feet per second $1,810
(vii)Greater than 100 cubic feet per second $2,130
(b) Ground water applications:
(i)Greater than 0.0 and less than or equal to 0.2 cubic feet per second $120
(ii)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $540
(iii)Greater than 0.5 and less than or equal to 3 cubic feet per second $980
(iv)Greater than 3 and less than or equal to 5 cubic feet per second $1,380
(v)Greater than 5 and less than or equal to 20 cubic feet per second $1,780
(vi)Greater than 20 and less than or equal to 100 cubic feet per second $2,170
(vii)Greater than 100 cubic feet per second $2,560
(c) Reservoir applications:
(i)Greater than 0.0 and less than or equal to 10 acre-feet $100
(ii)Greater than 10 and less than or equal to 100 acre-feet $820
(iii)Greater than 100 and less than or equal to 1,000 acre-feet $1,480
(iv)Greater than 1,000 acre-feet $2,130
(d) Changes to permits and certificates:
(i)Changing a single element $100
(ii)Changing multiple elements $450
(3) Certificate fees:
(a) Water appropriation applications:
(i)Greater than 0.0 and less than or equal to 0.2 cubic feet per second $90
(ii)Greater than 0.2 and less than or equal to 0.5 cubic feet per second $290
(iii)Greater than 0.5 and less than or equal to 3 cubic feet per second $490
(iv)Greater than 3 and less than or equal to 5 cubic feet per second $660
(v)Greater than 5 and less than or equal to 20 cubic feet per second $820
(vi)Greater than 20 and less than or equal to 100 cubic feet per second $990
(vii)Greater than 100 cubic feet per second $1,150
(b) Reservoir applications:
(i)Greater than 0.0 and less than or equal to 10 acre-feet $90
(ii)Greater than 10 and less than or equal to 100 acre-feet $490
(iii)Greater than 100 and less than or equal to 1,000 acre-feet $820
(iv)Greater than 1,000 acre-feet $1,150
(c) Changes to permits and certificates:
(i)Changing a single element $90
(ii)Changing multiple elements $290
(4) Water right permit extensions $100
(5) Protests to applications $50
(6) Appealing a water right decision $200
(7) Registration fee for exempt wells $45
(8) Assignment of an application or permit $100
(9) General permits:
(a) Application fee $100
(b) Examination fee $0
(c) Certificate fee $100
(10) Seasonal change or rotation $100
(11) Temporary or short-term water use $100
(12) De minimis appropriations developed under a reservation of water adopted by rule:
(a) Application fee $100
(b) Examination fee $0
(c) Certificate fee $100
(13) Issuance of a preliminary permit $100
(14) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, and for the inspection of any hydraulic works to insure safety to life and property, the actual cost of the examination and inspection.
(15) For a consolidated application covering multiple sources or changes:
(a) The application fee must be based upon either the total amount of water or the total number of changes requested, or both;
(b) The examination fee is the total of the examination fees calculated for the individual applications and changes; and
(c) The certificate fee is as is appropriate for the individual certificates, since separate permits would issue and, therefore, separate certificates would result.
The combined application, examination, and certificate fee for transfers and changes of water into the trust water right program under chapter 90.42 RCW shall be one hundred dollars.
There shall be a forty-five dollar priority date registration fee on rights to ground water established after July 1, 1994, under RCW 90.44.050 that are exempt from the water right permitting process. The department shall adopt by rule the means whereby these water rights are registered with the department and the method of collection of this fee in accordance with chapter 34.05 RCW. This fee shall be due from only those well owners who place the water to beneficial use. The department shall register the well in the water resource data management system and provide to the owner a certificate that the well has been registered.
The water right processing and data management account is created in the state treasury. All receipts collected under this section shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for functions of the department of ecology related to: Filing, examination, and certification of water right permits, changes to water rights, and transfers of water rights; development and maintenance of the data management program related to water rights; and a proportionate share of indirect costs allocated to these functions necessary to fund the general administrative functions of the department. Except for the biennium ending June 30, 1995, the department may expend funds from the account in an amount that is substantially equal to the amount expended of funds appropriated from the general fund for each biennium. For the biennium ending June 30, 1995, data management development costs are not required to be funded in a substantially equal manner.
The department shall provide timely notification by certified mail with return receipt requested to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within sixty days of the department's notification shall be grounds for rejecting the application or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.
(((14))) For
purposes of calculating fees for ground water filings, one cubic foot per
second shall be regarded as equivalent to four hundred fifty gallons per
minute.
(((15))) For the
period beginning July 1, 1993, and ending June 30, 1994, there is imposed and
the department shall collect a one hundred dollar surcharge on all water rights
applications or changes filed under this section, and upon all water rights
applications or changes pending as of July 1, 1993. This charge shall be in
addition to any other fees imposed under this section.
Sec. 23. RCW 90.03.470 and 1994 c . . . s 22 (section 22 of this act) are each amended to read as follows:
((The legislature
finds it necessary to assess additional fees for a four-year period in order to
address the water right application backlog and data management development.
For the period July 1, 1994, through June 30, 1998,)) The department
shall collect the following fees in advance:
(1) Application filing fees for the following:
(a) Surface water and ground water applications:
(i)Greater
than 0.0 and less than or equal to 0.2 cubic feet per second (($90))
$100
(ii)Greater
than 0.2 and less than or equal to 0.5 cubic feet per second (($290))
$210
(iii)Greater
than 0.5 and less than or equal to 3 cubic feet per second (($490))
$320
(iv)Greater
than 3 and less than or equal to 5 cubic feet per second (($660))
$420
(v)Greater
than 5 and less than or equal to 20 cubic feet per second (($820))
$530
(vi)Greater
than 20 and less than or equal to 100 cubic feet per second (($990))
$640
(vii)Greater
than 100 cubic feet per second (($1,150)) $740
(b) Reservoir applications:
(i)Greater
than 0.0 and less than or equal to 10 acre-feet (($90))
$100
(ii)Greater
than 10 and less than or equal to 100 acre-feet (($490))
$320
(iii)Greater
than 100 and less than or equal to 1,000 acre-feet (($820))
$530
(iv)Greater
than 1,000 acre-feet (($1,150)) $740
(c) Change applications:
(i)Changing
a single element (($90)) $100
(ii)Changing
multiple elements (($290)) $210
(2) Examination fees for the following:
(a) Surface water applications:
(i)Greater than 0.0 and less than or equal to 0.2 cubic feet per second $100
(ii)Greater
than 0.2 and less than or equal to 0.5 cubic feet per second (($450))
$320
(iii)Greater
than 0.5 and less than or equal to 3 cubic feet per second (($820))
$530
(iv)Greater
than 3 and less than or equal to 5 cubic feet per second (($1,150))
$740
(v)Greater
than 5 and less than or equal to 20 cubic feet per second (($1,480))
$960
(vi)Greater
than 20 and less than or equal to 100 cubic feet per second (($1,810))
$1,170
(vii)Greater
than 100 cubic feet per second (($2,130)) $1,380
(b) Ground water applications:
(i)Greater than 0.0 and less than or equal to 0.2 cubic feet per second $120
(ii)Greater
than 0.2 and less than or equal to 0.5 cubic feet per second (($540))
$380
(iii)Greater
than 0.5 and less than or equal to 3 cubic feet per second (($980))
$640
(iv)Greater
than 3 and less than or equal to 5 cubic feet per second (($1,380))
$890
(v)Greater
than 5 and less than or equal to 20 cubic feet per second (($1,780))
$1,150
(vi)Greater
than 20 and less than or equal to 100 cubic feet per second (($2,170))
$1,400
(vii)Greater
than 100 cubic feet per second (($2,560)) $1,660
(c) Reservoir applications:
(i)Greater than 0.0 and less than or equal to 10 acre-feet $100
(ii)Greater
than 10 and less than or equal to 100 acre-feet (($820))
$530
(iii)Greater
than 100 and less than or equal to 1,000 acre-feet (($1,480))
$960
(iv)Greater
than 1,000 acre-feet (($2,130)) $1,380
(d) Changes to permits and certificates:
(i)Changing a single element $100
(ii)Changing
multiple elements (($450)) $320
(3) Certificate fees:
(a) Water appropriation applications:
(i)Greater
than 0.0 and less than or equal to 0.2 cubic feet per second (($90))
$100
(ii)Greater
than 0.2 and less than or equal to 0.5 cubic feet per second (($290))
$210
(iii)Greater
than 0.5 and less than or equal to 3 cubic feet per second (($490))
$320
(iv)Greater
than 3 and less than or equal to 5 cubic feet per second (($660))
$420
(v)Greater
than 5 and less than or equal to 20 cubic feet per second (($820))
$530
(vi)Greater
than 20 and less than or equal to 100 cubic feet per second (($990))
$640
(vii)Greater
than 100 cubic feet per second (($1,150)) $740
(b) Reservoir applications:
(i)Greater
than 0.0 and less than or equal to 10 acre-feet (($90))
$100
(ii)Greater
than 10 and less than or equal to 100 acre-feet (($490))
$320
(iii)Greater
than 100 and less than or equal to 1,000 acre-feet (($820))
$530
(iv)Greater
than 1,000 acre-feet (($1,150)) $740
(c) Changes to permits and certificates:
(i)Changing
a single element (($90)) $100
(ii)Changing
multiple elements (($290)) $210
(4) Water right permit extensions $100
(5) Protests to applications $50
(6) Appealing a water right decision $200
(7) Registration fee for exempt wells $45
(8) Assignment of an application or permit $100
(9) General permits:
(a) Application fee $100
(b) Examination fee $0
(c) Certificate fee $100
(10) Seasonal change or rotation $100
(11) Temporary or short-term water use $100
(12) De minimis appropriations developed under a reservation of water adopted by rule:
(a) Application fee $100
(b) Examination fee $0
(c) Certificate fee $100
(13) Issuance of a preliminary permit $100
(14) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, and for the inspection of any hydraulic works to insure safety to life and property, the actual cost of the examination and inspection.
(15) For a consolidated application covering multiple sources or changes:
(a) The application fee must be based upon either the total amount of water or the total number of changes requested, or both;
(b) The examination fee is the total of the examination fees calculated for the individual applications and changes; and
(c) The certificate fee is as is appropriate for the individual certificates, since separate permits would issue and, therefore, separate certificates would result.
The combined application, examination, and certificate fee for transfers and changes of water into the trust water right program under chapter 90.42 RCW will be one hundred dollars.
There shall be a forty-five dollar priority date registration fee on rights to ground water established after July 1, 1994, under RCW 90.44.050 that are exempt from the water right permitting process. The department shall adopt by rule the means whereby these water rights are registered with the department and the method of collection of this fee in accordance with chapter 34.05 RCW. This fee shall be due from only those well owners who place the water to beneficial use. The department shall register the well in the water resource data management system and provide to the owner a certificate that the well has been registered.
The water right
processing and data management account is created in the state treasury. All
receipts collected under this section shall be deposited into the account.
Moneys in the account may be spent only after appropriation. Expenditures from
the account may be used only for functions of the department of ecology related
to: Filing, examination, and certification of water right permits, changes to
water rights, and transfers of water rights; development and maintenance of the
data management program related to water rights; and a proportionate share of
indirect costs allocated to these functions necessary to fund the general
administrative functions of the department. ((Except for the biennium
ending June 30, 1995,)) The department may expend funds from the
account in an amount that is substantially equal to the amount expended of
funds appropriated from the general fund for each biennium. ((For the
biennium ending June 30, 1995, data management development costs are not
required to be funded in a substantially equal manner.))
The department shall provide timely notification by certified mail with return receipt requested to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within sixty days of the department's notification shall be grounds for rejecting the application or canceling the permit. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.
For purposes of calculating fees for ground water filings, one cubic foot per second shall be regarded as equivalent to four hundred fifty gallons per minute.
((For the period
beginning July 1, 1993, and ending June 30, 1994, there is imposed and the
department shall collect a one hundred dollar surcharge on all water rights
applications or changes filed under this section, and upon all water rights
applications or changes pending as of July 1, 1993. This charge shall be in
addition to any other fees imposed under this section.))
Sec. 24. RCW 89.30.001 and 1933 c 149 s 1 are each amended to read as follows:
Reclamation districts
including an area of not less than one million acres of land may be created and
maintained in this state, as herein provided, for the reclamation and
improvement of arid and semiarid lands situated in such districts, and for the
generation and/or sale of hydroelectric energy((: PROVIDED, That no
appropriation, license, filing, recording, examination or other fee or fees, as
provided in RCW 90.16.050 through 90.16.090 or in RCW 90.03.470 shall be
applicable to a district or districts created under this chapter)).
Sec. 25. RCW 90.40.090 and 1988 c 127 s 83 are each amended to read as follows:
An application filed by
the department of ecology or its assignee, the United States Bureau of
Reclamation, for a permit to appropriate waters of the Columbia River under
chapter 90.03 RCW, for the development of the Grand Coulee project shall be
perfected in the same manner and to the same extent as though such appropriation
had been made by a private person, corporation or association((, but no
fees, as provided for in RCW 90.03.470, shall be required)).
Sec. 26. 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.
NEW SECTION. Sec. 27. 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.
NEW SECTION. Sec. 28. RCW 90.03.471 and 1987 c 109 s 99 & 1925 ex.s. c 161 s 3 are each repealed.
NEW SECTION. Sec. 29. Section 3 of this act shall take effect January 2, 1995.
NEW SECTION. Sec. 30. Sections 22 and 28 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 31. Section 23 of this act shall take effect July 1, 1998."
E2SSB 6291 - S AMD
By Senators Rasmussen and Newhouse
On page 1, beginning on line 2 of the title strike "90.03.380, 90.03.390, 90.44.100"
On page 1, line 4 of the title, strike "90.03...., (section 29, of this act)" and insert "90.03.470"
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