[atlas:bill]

AN ACT Relating to regulation of free flowing wells within the city limits of Olympia; and amending RCW 90.36.030 and 90.44.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 90.36.030 and 1929 c 138 s 2 are each amended to read as follows:

(1) It shall be the duty of every person, firm, corporation or company having possession or control of any artesian well, as provided in RCW 90.36.020, to securely cap the same over on or before the fifteenth day of October in each and every year in such manner as to prevent the flow or escape of water therefrom, and to keep the same securely capped and prevent the flow or escape of water therefrom until the fifteenth day of March next ensuing; PROVIDED, HOWEVER, It shall and may be lawful for any such person, firm, corporation or company to insert a three-quarters inch stop and waste cock in the piping of such well, and to take and use water therefrom through such stop and waste cock at any time for household, stock, or domestic purposes, but not otherwise.

(2)(a) The regulations set forth in subsection (1) of this section are subject to exceptions stated in this subsection.

(b) Any well constructed according to the well construction regulations completed into a confined aquifer that results in a flowing well with a discharge rate not to exceed ten gallons per minute may flow freely for public use within the city limits of Olympia if that flowing well is owned, operated, and maintained by a public body.

(c) The operator of the well shall ensure that the unused portion of the flow is piped from the well head and discharged directly into a surface water body within the city limits of Olympia, and shall ensure that the discharge does not allow any degradation of water quality.

(d) For purposes of this section, "public body" means the state of Washington or any agency, political subdivision, taxing district, or municipal or public corporation thereof.

Sec. 2. RCW 90.44.110 and 1987 c 109 s 114 are each amended to read as follows:

(1) No public ground waters that have been withdrawn shall be wasted without economical beneficial use. The department shall require all wells producing waters which contaminate other waters to be plugged or capped. The department shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use under the terms of their respective permits or approved declarations of vested rights. Likewise, the department shall also require both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of public ground waters through leaky casings, pipes, fittings, valves, or pumps‑-either above or below the land surface: PROVIDED, HOWEVER, That the withdrawal of reasonable quantities of public ground water in connection with the construction, development, testing, or repair of a well shall not be construed as waste; also, that the inadvertent loss of such water owing to breakage of a pump, valve, pipe, or fitting shall not be construed as waste if reasonable diligence is shown by the permittee in effecting the necessary repair.

(2) In the issuance of an original permit, or of an amendment to an original permit or certificate of vested right to withdraw and appropriate public ground waters under the provisions of this chapter, the department may, as in his judgment is necessary, specify for the proposed well or wells or other works a manner of construction adequate to accomplish the provisions of this section.

(3)(a) The regulations set forth in subsections (1) and (2) of this section are subject to exceptions stated in this subsection.

(d) For purposes of this section, "public body" means the state of Washington or any agency, political subdivision, taxing district, or municipal or public corporation thereof.