BILL REQ. #:  H-1882.3 

Read first time 02/25/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the use of water for stock-watering purposes; and amending RCW 90.44.050.

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

Sec. 1   RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, after June 6, 1945, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided((: EXCEPT, HOWEVER, That)).
     (2) Each of the following water uses is exempt from the permit requirements of subsection (1) of this section to the extent that the water is regularly used beneficially, and the right to use the water shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter:
     (a) Any withdrawal of public ground waters ((for stock-watering purposes, or)) for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area((, or)); and
     (b) Except as provided in subsection (4) of this section, any withdrawal of public ground waters in an amount not exceeding five thousand gallons a day for:
     (i) Single or group domestic uses ((in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That));
     (ii) Stock watering purposes; or
     (iii) An industrial purpose.
     (3) However, the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal((: PROVIDED, FURTHER, That)). At the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as ((is)) provided in this chapter ((provided)) in the case of withdrawals in excess of five thousand gallons a day.
     (4) Any withdrawal of water for stock watering purposes begun before the effective date of this section is exempt from the permit requirements of subsection (1) of this section to the maximum extent that water was withdrawn for those purposes under the right prior to the effective date of this section. Beginning on the effective date of this section, such a withdrawal begun before the effective date of this section continues to be exempt from the permit requirements of subsection (1) of this act for that maximum extent.