BP BHEAD INT S [atlas:bill]

AN ACT Relating to water resource management; amending RCW 90.03.330 and 90.44.090; adding new sections to chapter 90.82 RCW; adding a new section to chapter 90.14 RCW; adding a new section to chapter 43.27A RCW; creating a new section; and repealing RCW 90.03.060, 90.03.070, 90.03.090, 90.03.100, 90.08.040, 90.08.050, 90.08.060, and 90.08.070.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to establish a more effective method of water resource management in the state of Washington. This process is to be administered in a manner consistent with current state laws and rules concerning water rights and watershed planning, and provide flexibility to adjust when changes occur to those laws and rules.

Further, the legislature intends that this more effective method of water resource management result in a reduction of the backlog of water right applications, enhance the ability of the department of ecology to process new water right applications, and facilitate the transfer and productive use of water rights on a willing seller and willing buyer basis.

It is further the intent of the legislature that those basins that are over appropriated be identified and that instream flows be established where necessary using the best available science. Where over appropriation has occurred, water conservation programs during critical flow periods are to be established that honor the principle of first in time first in right, while facilitating a maximum level of voluntary cooperation from all water users to meet stream flow needs.

Therefore, the legislature declares that in order to meet this intent, it is necessary to create a system of locally based water rights regulators, focus on water conservation, actively work to ensure proper water allocation procedures are followed, and rely on a market driven water transfer process.

Sec. 2. RCW 90.03.330 and 1987 c 109 s 89 are each amended to read as follows:

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 or her, and such certificate shall thereupon be recorded with the department. 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.

Any certificate or permit issued under the provisions of this chapter shall include a notice clearly stating that such water rights are subject to seasonal water availability.

Sec. 3. RCW 90.44.090 and 1987 c 109 s 112 are each amended to read as follows:

Any person, firm, or corporation claiming a vested right to withdraw public ground waters of the state by virtue of prior beneficial use of such water shall, within three years after June 6, 1945, be entitled to receive from the department a certificate of ground water right to that effect: PROVIDED, That the issuance by the department of any such certificate of vested right shall be contingent on a declaration by the claimant in a form prescribed by the department, which declaration shall set forth: (1) The beneficial use for which such withdrawal has been made; (2) the date or approximate date of the earliest beneficial use of the water so withdrawn, and the continuity of such beneficial use; (3) the amount of water claimed; (4) if the beneficial use has been for irrigation, the description of the land to which such water has been applied and the name of the owner thereof; and (5) so far as it may be available, descriptive information concerning each well or other works for the withdrawal of public ground water, as required of original permittees under the provisions of RCW 90.44.080: PROVIDED, HOWEVER, That in case of failure to comply with the provisions of this section within the three years allotted, the claimant may apply to the department for a reasonable extension of time, which shall not exceed two additional years and which shall be granted only upon a showing of good cause for such failure.

Each such declaration shall be certified, either on the basis of the personal knowledge of the declarant or on the basis of information and belief. With respect to each such declaration there shall be publication, and findings in the same manner as provided in RCW 90.44.060 in the case of an original application to appropriate water. If the department's findings sustain the declaration, the department shall approve said declaration, which then shall be recorded at length with the department and may also be recorded in the office of the county auditor of the county within which the claimed withdrawal and beneficial use of public ground water have been made. When duly approved and recorded as herein provided, each such declaration or copies thereof shall have the same force and effect as an original permit granted under the provisions of RCW 90.44.060, with a priority as of the date of the earliest beneficial use of the water.

Declarations heretofore filed with the department in substantial compliance with the provisions of this section shall have the same force and effect as if filed after June 6, 1945.

The same fees shall be collected by the department in the case of applications for the issuance of certificates of vested rights, as are required to be collected in the case of application for permits for withdrawal of ground waters and for the issuance of certificates of ground water withdrawal rights under this chapter.

Any certificate or permit issued under the provisions of this chapter shall include a notice clearly stating that such water rights are subject to seasonal water availability.

NEW SECTION. Sec. 4. A new section is added to chapter 90.82 RCW to read as follows:

(1) Any county or group of counties within the state may seek to establish a local water regulator to implement and administer a local watershed plan established under this chapter. The local water regulators shall be funded through the department. Counties seeking a local water regulator may individually or collectively petition the department for up to one regulator per county. The regulators may be assigned to a single WRIA or a multi-WRIA area.

(2) Upon satisfactory showing of need for a local water regulator by a county or counties, the department shall assign a local water regulator to the WRIA or multi-WRIA region. The local water regulator shall be housed in the county with the greatest amount of land in the WRIA or multi-WRIA region to be administered by the local water regulator.

(3) The local water regulator shall be responsible for implementation and administration of any adopted local watershed management plan for the region to which he or she is assigned. The regulator shall: Monitor water diversions and withdrawals in the region; monitor stream flows; work with local conservancy boards, the department, and other local jurisdictions to help disseminate technical and legal information in an effort to facilitate water transfers; encourage water users in implementing water conservation measures by assisting them by providing information related to efficiency measures and available incentives; and in periods of insufficient water flows, implement conservation measures in accordance with section 7 of this act.

(4) Any person aggrieved by an action of the local water regulator may bring an action before the pollution control hearings board.

Additionally, a person who is seeking relief from the pollution control hearings board may petition an administrative law judge within the department for immediate relief from the action of the local water regulator pending a decision by the pollution control hearings board. The relief shall be determined within five business days of the date of filing of such a petition. Immediate relief may be granted on a showing of undue hardship or an error in fact in the action taken by the local water regulator.

NEW SECTION. Sec. 5. A new section is added to chapter 90.82 RCW to read as follows:

Within the department there is created a water coordinator. The water coordinator is responsible for overseeing the local water regulators established in section 4 of this act. It is the duty of the water coordinator to monitor the actions of the local water regulators and ensure that actions taken by the local water regulators are consistent with state law. Additionally, the water coordinator is responsible for assisting local water regulators in the performance of their duties. Such assistance must include sharing all pertinent water resource-related information with the local water regulators.

NEW SECTION. Sec. 6. A new section is added to chapter 90.14 RCW to read as follows:

All claims filed under the provisions of chapter . . ., Laws of 1999 (this act) shall be deemed equivalent to a certificate under the provisions of chapters 90.03 and 90.44 RCW. The date of priority of the claim shall be the date of priority of the certificate under this section. This section does not apply to claims involved in an ongoing water right adjudication, or claims that have been invalidated through prior adjudication or relinquished through prior agency action.

NEW SECTION. Sec. 7. A new section is added to chapter 43.27A RCW to read as follows:

The department shall seek to encourage the voluntary transfer of water between willing parties. The department must develop strategies to encourage and facilitate the transfers and the adoption of conservation measures.

In times of inadequate stream flows, the department shall seek to meet necessary flows by encouraging voluntary conservation. If voluntary conservation is insufficient, the department shall encourage voluntary sharing of water through water transfers and water sharing. If this action still fails to provide sufficient water, the department shall enforce mandatory water conservation efforts based on the implementation recommendations of a watershed planning process for the stream. If these measures still fail to provide sufficient water to the stream, then the department shall enforce a temporary ceasing of withdrawals or diversions based on the date of priority of the water rights.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 90.03.060 and 1987 c 109 s 69, 1967 c 80 s 1, 1947 c 123 s 2, & 1917 c 117 s 9;

(2) RCW 90.03.070 and 1987 c 109 s 70, 1967 c 80 s 2, & 1917 c 117 s 10;

(3) RCW 90.03.090 and 1987 c 202 s 250 & 1917 c 117 s 12;

(4) RCW 90.03.100 and 1987 c 109 s 71 & 1917 c 117 s 13;

(5) RCW 90.08.040 and 1977 c 22 s 1 & 1925 ex.s. c 162 s 1;

(6) RCW 90.08.050 and 1977 c 22 s 2, 1975-'76 2nd ex.s. c 34 s 180, 1947 c 123 s 1, & 1925 ex.s. c 162 s 2;

(7) RCW 90.08.060 and 1977 c 22 s 3 & 1925 ex.s. c 162 s 3; and

(8) RCW 90.08.070 and 1977 c 22 s 4 & 1925 ex.s. c 162 s 4.