BILL REQ. #:  S-1939.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to public water systems; amending RCW 90.03.015 and 90.03.386; and creating a new section.

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

Sec. 1   RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:
     ((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology;
     (2) "Director" means the director of ecology; ((and))
     (3) "Municipal water supplier" means:
     (a) A purveyor, as defined in RCW 70.116.030, that: (i) Owns or operates a group A water system as defined in RCW 70.119.020 that is entitled or obligated to serve existing or additional customers and uses within one or more approved water service areas to the extent such customers and uses are allowed under an applicable land use plan; and (ii) has an approved water system plan under chapter 43.20 or 70.116 RCW;
     (b) An irrigation district organized under chapter 87.03 RCW;
     (c) A county appointed as the receiver of a failing water system under RCW 43.70.195, approved as a satellite system management agency under RCW 70.116.134, or that holds rights for use in its own governmental or proprietary operations; or
     (d) A city, town, or county that holds rights for use in its own governmental or proprietary operations;
     (4) "Municipal water supply purposes" means any beneficial use for which water is or is anticipated to be provided by a municipal water supplier; and
     (5) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.

Sec. 2   RCW 90.03.386 and 1991 c 350 s 2 are each amended to read as follows:
     (1) Within service areas established pursuant to chapters 43.20 and 70.116 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan.
     (2) For a municipal water supplier's public water system, the maximum number of service connections, or maximum population to be served, or size or location of the place of use, as described or specified on a water right application, permit, certificate, or claim or as described or specified in related supporting documents may not be an attribute limiting exercise of the water right if an annual quantity limit can be determined from the permit, certificate, or claim. However, if a water system plan is required to be approved for the municipal water supplier's public water system under chapter 43.20 RCW or as part of a coordinated water system plan under chapter 70.116 RCW, the number of service connections or population served under the water right may be further expanded only during such time as the public water system is in compliance with the requirements of its approved water system plan.
     (3) The place of use of water rights held by a municipal water supplier for a public water system is the service area described in the system's water system plan approved under chapter 43.20 RCW or approved as part of a coordinated water system plan under chapter 70.116 RCW, as either plan may be amended from time to time. The purpose of use of water rights held by a municipal water supplier for a public water system is municipal water supply purposes. The department must modify water right records as necessary as individual records come up for review.

NEW SECTION.  Sec. 3   (1) The department of health shall, in cooperation with the water supply advisory committee created pursuant to RCW 70.119A.160, examine current and historical water conservation efforts and evaluate the overall effectiveness, including cost-effectiveness, of such efforts. The examination should review:
     (a) Different approaches taken to conserve water;
     (b) Efforts taken throughout the state by large and small public water systems, as the term "public water system" is defined in RCW 70.116.030, that rely on either surface water, ground water, or both as sources of supply;
     (c) Costs of conservation and the impact of such costs on rates; and
     (d) Methods of recovering costs of conservation.
     (2) The department of health shall report its findings and recommendations to the legislature by December 1, 2003. The recommendations may include legislation or administrative rule changes that, if enacted or adopted, would encourage cost-effective water conservation.