AN
ACT Relating to public water systems; amending RCW 90.03.320 and 90.03.330;
adding a new section to chapter 90.03 RCW; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that it is in the public interest for water rights held by
public water systems to be managed and regulated in a manner that:
(1)
Allows such systems to prolong and maximize the use of water rights applied to
municipal purposes consistent with the population demand projections
established in state-approved water system plans and adopted growth management
plans; and
(2)
Promotes water conservation, with enhanced efforts occurring in water critical
areas, promotes water system efficiencies, and eliminates disincentives for
investments in water efficient technologies.
The
department of ecology is therefore directed to administer water rights laws
consistent with RCW 90.03.320 and 90.03.330 and section 2 of this act.
NEW
SECTION. Sec. 2. A
new section is added to chapter 90.03 RCW to read as follows:
(1)
For the purposes of this chapter and RCW 90.14.140, "municipal water
supply purposes" means water distributed by a group A public water system
as defined by RCW 70.119.020, and includes domestic, commercial, and industrial
water uses provided as an integral element of the public water system and
includes industrial water uses provided on the effective date of this act under
RCW 54.16.030 which are included in a comprehensive water system plan. Except
as stated above, this definition does not include commercial, industrial,
irrigation, or other water systems that are not designated as a public water
system for potable water use recognized by a state-approved public water system
plan or withdrawals of public ground waters exempt from permit requirements under
RCW 90.44.050.
(2)
For the purposes of RCW 90.14.140, the amount of water held for municipal water
supply purposes is limited to the water that is deemed to be an efficient use
and that meets the needs of the public water system's service area as determined
by plans in RCW 90.03.320. Water uses that are deemed as efficient uses of
water are those that are in full compliance with the department of health's
conservation guidelines for such systems. This section applies only to those
public water systems that are required to develop water conservation plans
pursuant to the department of health's conservation guidelines.
Sec.
3. RCW
90.03.320 and 1987 c 109 s 67 are each amended to read as follows:
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. In
fixing construction schedules and the time, or extension of time, for
application of water to beneficial use for municipal water supply purposes, the
department shall also take into consideration the term and amount of financing
required to complete the project, delays that may result from planned and existing
conservation and water use efficiency measures implemented by the public water
system, and the supply needs of the public water system's service area,
consistent with an approved comprehensive plan under chapter 36.70A RCW, or in
the absence of such a plan, a county-approved comprehensive plan under chapter
36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand
projections prepared by public water systems in accordance with state law. An
existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under
chapter 35.63 RCW, or demand projection may be used. If the terms of the
permit or extension thereof, are not complied with the department shall give
notice by registered mail that such permit will be canceled unless the holders
thereof shall show cause within sixty days why the same should not be so
canceled. If cause ((be)) is not shown, ((said)) the
permit shall be canceled.
Sec.
4. RCW
90.03.330 and 1987 c 109 s 89 are each amended to read as follows:
(1)
Upon a showing satisfactory to the department that any appropriation has been
perfected in accordance with the provisions of this chapter, it shall be the
duty of the department to issue to the applicant a certificate stating such facts
in a form to be prescribed by ((him)) the director, and such
certificate shall thereupon be recorded with the department.
(2)
For those public water supplies that fulfill municipal water supply purposes
and are designed to accommodate future growth as defined by a state-approved
water system plan, the amount of instantaneous diversion or withdrawal
considered to be applied to beneficial use at the time of perfection of the
certificate shall be based upon the design capacity of the diversion structures
and mainlines or withdrawal facilities and mainlines installed at such time.
Further, the amount of annual appropriation considered to be applied to
beneficial use at the time of perfection shall be based on the growth
projection contained in the most current state-approved water system plan.
However, the department may not issue a certificate for quantities of water in
excess of those contained in a permit if a permit has been issued. This
subsection shall apply to the administration of water rights existing on the
effective date of this section and prospectively issued water rights, but shall
not apply to water rights subject to the terms of final adjudication decrees
entered in accordance with this chapter. Withdrawal of ground water shall be
in compliance with RCW 90.44.100.
(3) Any original water right certificate issued, as provided
by this chapter, shall be recorded with the department and thereafter, at the
expense of the party receiving the same, be by the department transmitted to
the county auditor of the county or counties where the distributing system or
any part thereof is located, and be recorded in the office of such county
auditor, and thereafter be transmitted to the owner thereof.
