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ENGROSSED
SUBSTITUTE HOUSE BILL 2013
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Developing
an existing ground water right.
AN
ACT Relating to the full and complete development of existing permits or
certificates of ground water right; amending RCW 90.44.100; and creating a new
section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature intends that the holder of a valid permit or certificate of ground
water right be permitted by the department of ecology to amend a valid permit
or certificate to allow full and complete development of the valid right by the
construction of replacement or additional wells at the original location or new
locations.
Sec.
2. RCW
90.44.100 and 1987 c 109 s 113 are each amended to read as follows:
(1)
After an application to, and upon the issuance by the department of an
amendment to the appropriate permit or certificate of ground water right, the
holder of a valid right to withdraw public ground waters may, without losing ((his))
the holder's priority of right, construct wells or other means of
withdrawal at a new location in substitution for or in addition to those at the
original location, or ((he)) the holder may change the manner or
the place of use of the water((: PROVIDED, HOWEVER, That such amendment)).
(2)
An amendment to construct replacement or a new additional well or wells at a
location outside of the location of the original well or wells or to change the
manner or place of use of the water shall be issued only after publication of
notice of the application and findings as prescribed in the case of an original
application. Such amendment shall be issued by the department only on the
conditions that: (((1))) (a) The additional or ((substitute))
replacement well or wells shall tap the same body of public ground water
as the original well or wells; (((2) use of the original well or wells shall
be discontinued upon construction of the substitute well or wells; (3) the
construction of an additional well or wells shall not enlarge the right
conveyed by the original permit or certificate; and (4))) (b) where a
replacement well or wells is approved, the use of the original well or wells
shall be discontinued and the original well or wells shall be properly
decommissioned as required under chapter 18.104 RCW; (c) where an additional
well or wells is constructed, the original well or wells may continue to be
used, but the combined total withdrawal from the original and additional well
or wells shall not enlarge the right conveyed by the original permit or
certificate; and (d) other existing rights shall not be impaired. The
department may specify an approved manner of construction and shall require a
showing of compliance with the terms of the amendment, as provided in RCW
90.44.080 in the case of an original permit.
(3)
The construction of a replacement or new additional well or wells at the
location of the original well or wells shall be allowed without application to
the department for an amendment. However, the following apply to such a
replacement or new additional well: (a) The well shall tap the same body of
public ground water as the original well or wells; (b) if a replacement well is
constructed, the use of the original well or wells shall be discontinued and
the original well or wells shall be properly decommissioned as required under
chapter 18.104 RCW; (c) if a new additional well is constructed, the original
well or wells may continue to be used, but the combined total withdrawal from
the original and additional well or wells shall not enlarge the right conveyed
by the original water use permit or certificate; (d) the construction and use
of the well shall not interfere with or impair water rights with an earlier
date of priority than the water right or rights for the original well or wells;
(e) the replacement or additional well shall be located no closer than the
original well to a well it might interfere with; (f) the department may specify
an approved manner of construction of the well; and (g) the department shall
require a showing of compliance with the conditions of this subsection (3).
(4) As used in this section, the "location of the original
well or wells" is the area described as the point of withdrawal in the
original public notice published for the application for the water right for
the well.
