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SUBSTITUTE HOUSE BILL 2874
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AS AMENDED BY THE SENATE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 02/08/2002. Referred to
Committee on .
Authorizing the
department of ecology to enter into agreements to allocate Columbia basin
project waters.
AN ACT Relating to
agreements for allocation of ground waters that exist as a result of the
Columbia basin project; adding new sections to chapter 89.12 RCW; and creating
new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that delivery of Columbia basin project water through canals and its
application to land through irrigation over approximately the past fifty years
has dramatically affected ground water in the Pasco basin, located in western
Franklin county, along the Columbia river and north of the city of Pasco.
According to studies conducted by the United States geological survey, the
volume of ground water has increased by about five million acre-feet. About
eighty-five percent of this increase is the result of percolation following
irrigation and seepage from the distribution system. Ground water levels have
also risen as a result of reservoirs formed behind the dams on the Columbia and
Snake rivers. As a result of drainage management, the system is reported to be
at equilibrium. The studies provide the information needed to determine which
ground water is a result of the project and which is naturally occurring.
Potential problems associated with the raised ground water levels include landslides
and loss of arable land through ponding. Benefits include dilution of
concentrations of nitrate and increase in volume of water potentially available
for beneficial use over the naturally occurring volume otherwise available.
NEW SECTION. Sec.
2. It is the intent of the
legislature to grant authority to the department of ecology to enter into
agreements with the United States for allocation of ground waters that exist as
a result of the Columbia basin project, adopt rules for implementing the
agreements and establishing priorities for processing applications, and accept
funds for expenses incurred, consistent with applicable state and federal law.
Inasmuch as rules adopted by the department will be significant legislative
rules, the legislature intends to assure that it will be able to properly carry
out its responsibility to both give direction and review the rules after their
adoption by requiring periodic reports by the department.
NEW SECTION. Sec.
3. A new section is added
to chapter 89.12 RCW to read as follows:
The department of
ecology is authorized to enter into agreements with the United States for the
allocation of ground waters that exist as a result of the Columbia basin
project. The agreements and any allocation of water pursuant to the agreements
must be consistent with authorized project purposes, federal and state
reclamation laws, including federal rate requirements, and provisions of United
States' repayment contracts pertaining to the project. The agreements must
provide that the department grant an application to beneficially use such water
only if the department determines that the application will not impair existing
water rights or project operations or harm the public interest. Use of water
allocated pursuant to the terms of the agreements must be contingent upon
issuance of licenses by the United States to approved applicants. This section
is not intended to alter or affect any ownership interest or rights in ground
waters that are not allocated pursuant to the agreements. Before implementing
any such agreements, the department, with the concurrence of the United States,
shall adopt a rule setting forth the procedures for implementing the agreements
and the priorities for processing of applications. The department is
authorized to accept funds for administrative and staff expenses that it incurs
in connection with entering into or implementing the agreements.
NEW SECTION. Sec.
4. A new section is added
to chapter 89.12 RCW to read as follows:
The
department of ecology shall report annually to the standing committees of the
legislature with jurisdiction over water resources regarding the activities
authorized by section 3 of this act, beginning December 1, 2002, and ending
December 1, 2007.
