AN
ACT Relating to underground water storage; amending RCW 90.44.035 and
90.03.370; and adding a new section to chapter 90.44 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 90.44 RCW to read as follows:
The
legislature recognizes the importance of sound water management. In an effort
to promote new and innovative methods of water storage, the legislature
authorizes the department of ecology to issue reservoir permits that enable an
entity to artificially store and recover water in any underground geological
formation, which qualifies as a reservoir under RCW 90.03.370.
Sec.
2. RCW
90.44.035 and 1987 c 109 s 107 are each amended to read as follows:
For
purposes of this chapter:
(1)
"Department" means the department of ecology;
(2)
"Director" means the director of ecology;
(3)
"Ground waters" means all waters that exist beneath the land surface
or beneath the bed of any stream, lake or reservoir, or other body of surface
water within the boundaries of this state, whatever may be the geological
formation or structure in which such water stands or flows, percolates or
otherwise moves. There is a recognized distinction between natural ground
water and artificially stored ground water;
(4)
"Natural ground water" means water that exists in underground storage
owing wholly to natural processes; ((and))
(5)
"Artificially stored ground water" means water that is made available
in underground storage artificially, either intentionally, or incidentally to
irrigation and that otherwise would have been dissipated by natural ((waste))
processes; and
(6)
"Underground artificial storage and recovery project" means any
project in which it is intended to artificially store water in the ground
through injection, surface spreading and infiltration, or other
department-approved method, and to make subsequent use of the stored water.
However, (a) this subsection does not apply to irrigation return flow, or to
operational and seepage losses that occur during the irrigation of land, or to
water that is artificially stored due to the construction, operation, or
maintenance of an irrigation district project, or to projects involving water
reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies
to those instances of claimed artificial recharge occurring due to the
construction, operation, or maintenance of an irrigation district project or
operational and seepage losses that occur during the irrigation of land, as
well as other forms of claimed artificial recharge already existing at the time
a ground water subarea is established.
Sec.
3. RCW
90.03.370 and 1987 c 109 s 93 are each amended to read as follows:
(1)
All applications for reservoir permits shall be subject to the provisions of
RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply
to a beneficial use the water stored in any such reservoir shall also file an
application for a permit, to be known as the secondary permit, which shall be
in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such
secondary application shall refer to such reservoir as its source of water
supply and shall show documentary evidence that an agreement has been entered
into with the owners of the reservoir for a permanent and sufficient interest
in said reservoir to impound enough water for the purposes set forth in said
application. When the beneficial use has been completed and perfected under
the secondary permit, the department shall take the proof of the water users
under such permit and the final certificate of appropriation shall refer to
both the ditch and works described in the secondary permit and the reservoir
described in the primary permit.
(2)(a)
For the purposes of this section, "reservoir" includes, in addition
to any surface reservoir, any naturally occurring underground geological
formation where water is collected and stored for subsequent use as part of an
underground artificial storage and recovery project. To qualify for issuance
of a reservoir permit an underground geological formation must meet standards
for review and mitigation of adverse impacts identified, for the following
issues:
(i)
Aquifer vulnerability and hydraulic continuity;
(ii)
Potential impairment of existing water rights;
(iii)
Geotechnical impacts and aquifer boundaries and characteristics;
(iv)
Chemical compatibility of surface waters and ground water;
(v)
Recharge and recovery treatment requirements;
(vi)
System operation;
(vii)
Water rights and ownership of water stored for recovery; and
(viii)
Environmental impacts.
(b)
Standards for review and standards for mitigation of adverse impacts for an
underground artificial storage and recovery project shall be established by the
department by rule. Notwithstanding the provisions of RCW 90.03.250 through
90.03.320, analysis of each underground artificial storage and recovery project
and each underground geological formation for which an applicant seeks the
status of a reservoir shall be through applicant-initiated studies reviewed by
the department.
(3)
For the purposes of this section, "underground artificial storage and
recovery project" means any project in which it is intended to
artificially store water in the ground through injection, surface spreading and
infiltration, or other department-approved method, and to make subsequent use
of the stored water. However, (a) this subsection does not apply to irrigation
return flow, or to operational and seepage losses that occur during the
irrigation of land, or to water that is artificially stored due to the
construction, operation, or maintenance of an irrigation district project, or
to projects involving water reclaimed in accordance with chapter 90.46 RCW; and
(b) RCW 90.44.130 applies to those instances of claimed artificial recharge
occurring due to the construction, operation, or maintenance of an irrigation
district project or operational and seepage losses that occur during the
irrigation of land, as well as other forms of claimed artificial recharge
already existing at the time a ground water subarea is established.
(4)
Nothing in this act changes the requirements of existing law governing issuance
of permits to appropriate or withdraw the waters of the state.
(5) The department shall report to the legislature by December
31, 2001, on the standards for review and standards for mitigation developed
under subsection (3) of this section and on the status of any applications that
have been filed with the department for underground artificial storage and
recovery projects by that date.
