BILL REQ. #:  S-0247.1 

Read first time 01/20/2003.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to private owners of public water systems not regulated as public utilities; amending RCW 90.03.040; and adding a new chapter to Title 19 RCW.

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

NEW SECTION.  Sec. 1   (1) The owner of a public water system, as the term public water system is defined in RCW 70.119A.020, that is not subject to regulation or jurisdiction under Title 80 RCW and that is not a municipal corporation or special purpose district and does not meet conditions adopted by the department of health for excluding pass-through systems as currently established in WAC 246-290-020(2), must provide potable water to every connection indicated in the approved subdivision, short subdivision, or other applicable land use action in which the public water system was indicated as the means of meeting requirements to provide potable water supplies.
     (2) The owner of property that is harmed by the failure of an owner of a public water system, as identified in subsection (1) of this section, to provide potable water supply under subsection (1) of this section may bring a civil action for either injunctive relief or to recover the actual damages sustained, or both, together with reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.

NEW SECTION.  Sec. 2   (1) The owner of a public water system, as the term public water system is defined in RCW 70.119A.020, that is not subject to regulation or jurisdiction under Title 80 RCW and that is not a municipal corporation or special purpose district and does not meet conditions adopted by the department of health for excluding pass-through systems as currently established in WAC 246-290-020(2), must comply with all requirements imposed under chapters 43.20, 70.116, 70.119, and 70.119A RCW.
     (2) The owner of property that is harmed by the failure of an owner of a public water system, as identified in subsection (1) of this section, to comply with the requirements of subsection (1) of this section may bring a civil action for either injunctive relief or to recover the actual damages sustained, or both, together with reasonable costs including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.

NEW SECTION.  Sec. 3   (1) All moneys paid to the owner of a public water system, as identified in sections 1(1) and 2(1) of this act, for providing potable water supply or for construction or maintenance of the public water system must promptly be deposited by the owner in a trust account, maintained for the purpose of holding the moneys, in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in Washington. Any interest paid to the trust account accrues to the account. The owner may act as trustee. Expenditures from the account must be for legitimate and reasonable water system expenses. Records of such expenditures must be kept and be available for inspection by customers of the system.
     (2) The owner must provide written notice of the name, address, and location of the depository and any subsequent change thereof. If ownership of the public water system is transferred to another, any moneys in the trust account affected by the transfer are simultaneously transferred to an equivalent trust account of the successor owner, and the successor owner must promptly provide notice of the transfer and the name, address, and location of the new depository.

NEW SECTION.  Sec. 4   The remedies provided under this chapter are cumulative and are in addition to any other remedies provided by law.

NEW SECTION.  Sec. 5   Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

Sec. 6   RCW 90.03.040 and 1917 c 117 s 4 are each amended to read as follows:
     The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge existing structures employed for the public purposes mentioned in this chapter and use the same in common with the former owner, and including operation of a public water system upon a showing that property served by the system is being harmed as established by sections 1 and 2 of this act, and including the right and power to condemn an inferior use of water for a superior use. In condemnation proceedings the court shall determine what use will be for the greatest public benefit, and that use shall be deemed a superior one: PROVIDED, That no property right in water or the use of water shall be acquired hereunder by condemnation for irrigation purposes, which shall deprive any person of such quantity of water as may be reasonably necessary for the irrigation of his or her land then under irrigation to the full extent of the soil, by the most economical method of artificial irrigation applicable to such land according to the usual methods of artificial irrigation employed in the vicinity where such land is situated. In any case, the court shall determine what is the most economical method of irrigation. Such property or rights shall be acquired in the manner provided by law for the taking of private property for public use by private corporations.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act constitute a new chapter in Title 19 RCW.