BILL REQ. #:  Z-0438.3 

Read first time 01/22/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the construction of replacement or additional wells; and amending RCW 90.44.100.

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

Sec. 1   RCW 90.44.100 and 1997 c 316 s 2 are each amended to read as follows:
     (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.
     (2) Except as provided in subsection (5) of this section, an amendment to construct replacement or a new additional well or wells at a location outside of the location of the original well or wells or to change the manner or place of use of the water shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (a) The additional or replacement well or wells shall ((tap the same body of public ground water)) be located within the same water resource inventory area, as defined in chapter 173-500 WAC, or an adjoining water resource inventory area as the original well or wells; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original permit or certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit.
     (3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).
     (4) As used in this section, the "location of the original well or wells" is the larger of: (a) The area described as the point of withdrawal in the original public notice published for the application for the water right for the well; or (b) the area up to one-quarter mile radius from the current well or wells.
     (5)(a) A water right holder may construct a replacement or new additional well or wells at a location outside the location of the original well or wells but not more than two miles from the current well or wells without obtaining approval from the department under the following conditions:
     (i) That, at least sixty days before starting construction of the well or wells, the water right holder provides written notice to the department of the intention to construct the replacement or additional well or wells and publishes a legal notice prescribed by the department describing the location of the proposed well or wells, the amounts of water to be withdrawn, and other details deemed necessary by the department. The notice must state that a person wishing to assert a claim of impairment of another water right may do so by filing the claim with the department and the deadline for doing so. The notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the area in which the well or wells would be located;
     (ii) That, within thirty days of the last date of publication of the legal notice, no claims of impairment are filed with the department relating to the proposed replacement or additional well or wells; and
     (iii) That the conditions of subsection (3)(a) through (g) of this section are met.
     (b) If any claims of impairment are filed with the department, the department shall make a determination regarding the impairment claim or claims and shall issue its determination in writing, stating either that it finds that there will be impairment (a "finding of impairment") or that it finds there will not be impairment (a "finding of no impairment"). The department's written determination may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW.
     (c) Where an impairment claim has been filed, a replacement well may only be constructed under this subsection (5) after a final resolution of the impairment claim results in a finding of no impairment. Final resolution of an impairment claim occurs at the expiration of the appeal period following a final determination by the department, the pollution control hearings board, and any reviewing court.