S-0908.2 _______________________________________________
SENATE BILL 5565
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State of Washington 56th Legislature 1999 Regular Session
By Senator Fraser
Read first time 01/28/1999. Referred to Committee on Environmental Quality & Water Resources.
AN ACT Relating to measuring water withdrawals for purposes of water conservation; amending RCW 90.03.360 and 90.44.450; adding a new section to chapter 90.54 RCW; adding a new section to chapter 70.119A RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature declares that accurate measurement of water withdrawal and water use is essential for sound management and conservation of water resources in the face of continually increasing demand and limited supply.
Sec. 2. RCW 90.03.360 and 1994 c 264 s 85 are each amended to read as follows:
(1)
The owner or owners of any water diversion shall maintain, to the satisfaction
of the department ((of ecology)), substantial controlling works and a
measuring device constructed and maintained to permit accurate measurement and
practical regulation of the flow of water diverted. Every owner or manager of
a reservoir for the storage of water shall construct and maintain, when
required by the department, any measuring device necessary to ascertain the
natural flow into and out of said reservoir.
Metering
of diversions or measurement by other approved methods shall be required as a
condition for all new surface water right permits, and except as provided in
subsection (2) of this section, may be required as a condition for all ((previously))
existing surface water rights or claims. ((The department may also
require, as a condition for all water rights, metering of diversions, and
reports regarding such metered diversions as to the amount of water being
diverted. Such reports shall be in a form prescribed by the department.))
(2)
Where water diversions are from waters ((in which the salmonid stock status
is depressed or critical, as determined by the department of fish and wildlife))
that support species listed under the federal endangered species act as
threatened or endangered or determined by the department of fish and wildlife
to be depressed or critical, if the water is needed and can be used to protect
or restore instream flows, or where the volume of water being diverted
exceeds one cubic foot per second, the department shall require metering or
measurement by other approved methods as a condition for all new and previously
existing water rights or claims. The department shall attempt to integrate the
requirements of this subsection into its existing compliance workload
priorities, but shall prioritize the requirements of this subsection ahead of
the existing compliance workload where a delay may cause the decline of wild
salmonids. The department shall notify the department of fish and wildlife of
the status of fish screens associated with these diversions.
This subsection (2) shall not apply to diversions for public or private hatcheries or fish rearing facilities if the diverted water is returned directly to the waters from which it was diverted.
(3) By rule, the department shall prescribe approved methods of measuring, any reporting requirements and methods of reporting, and any exemptions to this subsection.
Sec. 3. RCW 90.44.450 and 1989 c 348 s 7 are each amended to read as follows:
(1)
The department ((of ecology may)) shall require withdrawals of
ground water to be metered, or measured by other approved methods, as a
condition for a new water right permit. ((The department may also require,
as a condition for such permits, reports regarding such withdrawals as to the
amount of water being withdrawn. These reports shall be in a form prescribed
by the department.))
(2) The department shall require withdrawals of ground water under an existing water right permit to be measured, where the ground water is interrelated with surface water that supports species listed under the federal endangered species act as threatened or endangered or determined by the department of fish and wildlife to be depressed or critical, if the water is needed and can be used to protect or restore instream flows.
(3) By rule, the department shall prescribe approved methods of measuring, any reporting requirements and methods of reporting, and any exemptions to this subsection.
NEW SECTION. Sec. 4. A new section is added to chapter 90.54 RCW to read as follows:
(1) All irrigation systems, including irrigation districts, irrigation companies, partnership ditches, and other irrigation water delivery associations serving ten or more farms shall install and maintain a measuring device at each farm headgate, if the water has been drawn from a source that supports species listed under the federal endangered species act as threatened or endangered or determined by the department of fish and wildlife to be depressed or critical, if the water is needed and can be used to protect or restore instream flows.
(2) By rule, the department shall prescribe approved devices and methods of measuring, any reporting requirements and methods of reporting, and any exemptions to this subsection.
NEW SECTION. Sec. 5. A new section is added to chapter 70.119A RCW to read as follows:
(1) Each public water system with fifteen or more service connections shall install and maintain a measuring device at each connection, if the water has been drawn from a source that supports species listed under the federal endangered species act as threatened or endangered or determined by the department of fish and wildlife to be depressed or critical, if the water is needed and can be used to protect or restore instream flows.
(2) By rule, the department shall prescribe approved methods of measuring, any reporting requirements and methods of reporting, and any exemptions to this subsection.
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