BILL REQ. #:  S-1213.1 

READ FIRST TIME 02/21/03.   

     AN ACT Relating to withdrawals for stock watering; amending RCW 90.44.050; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that this act is necessary for the economic health and well-being of Washington citizens and rural communities that depend upon the thousands of jobs created by agricultural and livestock operations. In accordance with the longstanding interpretation of the intent of the original act in 1945, the legislature deems it necessary to clarify and reaffirm that the ability and right to use water as provided for in RCW 90.44.050(2) remains exempt from the requirements of obtaining a permit under the ground water code.

Sec. 2   RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:
     (1) 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)) in this section.
     (2) However, any small withdrawal of public ground waters is exempt from the provisions of this section. Small withdrawal means: (a) Any amount of water for stock-watering purposes((, or)); (b) any amount of water for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area((, or for)); (c) single or group domestic uses in an amount not exceeding five thousand gallons a day((,)); or ((for)) (d) 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)) a small withdrawal is regularly used beneficially, the withdrawal shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter((: PROVIDED, HOWEVER, That)). For the purposes of this section, "stock" means livestock as defined in RCW 16.36.005.
     (3) 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)).
     (4) At the option of the party making withdrawals of ground waters of the state ((not exceeding five thousand gallons per day)) in accordance with subsection (2) of this section, 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 in this chapter provided in the case of)) withdrawals in ((excess of five thousand gallons a day)) accordance with subsection (1) of this section.