CERTIFICATION
OF ENROLLMENT
SUBSTITUTE
HOUSE BILL 2874
Chapter
330, Laws of 2002
57th
Legislature
2002
Regular Session
COLUMBIA BASIN
PROJECT--GROUND WATER ALLOCATION
EFFECTIVE
DATE: 6/13/02
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Passed by the House March 11, 2002
Yeas 96 Nays 0
 FRANK CHOPP
Speaker of the House
of Representatives
Passed by the Senate March 8, 2002
Yeas 46 Nays 2
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CERTIFICATE
I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the
State of Washington, do hereby certify that the attached is SUBSTITUTE
HOUSE BILL 2874 as passed by the House of Representatives and the Senate
on the dates hereon set forth.
 CYNTHIA ZEHNDER
Chief Clerk
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BRAD OWEN
President of the Senate
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Approved April 3, 2002 Place Style On Codes
above, and Style Off Codes below.
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FILED
April 3, 2002 - 10:35 a.m.
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 GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SUBSTITUTE
HOUSE BILL 2874
_______________________________________________
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.
Passed the House March 11, 2002.
Passed the Senate March 8, 2002.
Approved by the Governor
April 3, 2002.
Filed
in Office of Secretary of State April 3, 2002.