BILL REQ. #:  S-4676.1 

READ FIRST TIME 02/09/04.   

     AN ACT Relating to water availability; amending RCW 19.27.097; and adding new sections to chapter 90.54 RCW.

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

Sec. 1   RCW 19.27.097 and 1995 c 399 s 9 are each amended to read as follows:
     (1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.
     (2) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply. The departments of health and ecology shall coordinate on the implementation of this section. Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of community, trade, and economic development to mediate or, if necessary, make the determination.
     (3) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.
     (4) For purposes of this section, reliance on a well authorized under RCW 90.44.050 shall serve as evidence of an adequate water supply.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.54 RCW to read as follows:
     The water supply account is created in the custody of the state treasurer. All receipts from legislative appropriations to the account or federal or local funds provided to the account must be deposited into the account. Expenditures from the account may only be used for purposes in accordance with section 3 of this act. Only the director of the department of community, trade, and economic development or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.54 RCW to read as follows:
     (1) The department of community, trade, and economic development shall provide grants from the water supply account created in section 2 of this act to any county-based economic development agency that makes application for such grants, to the extent such funds are available.
     (2) An economic development agency receiving a grant under subsection (1) of this section may only use the grant to acquire, lease, or otherwise obtain water for economic development purposes.
     (3) An economic development agency that has acquired, leased, or otherwise obtained water under subsection (2) of this section may lease or sell water rights acquired to persons who intend to put the water to beneficial use for economic development purposes, on a first-come, first-served basis.
     (4) Any revenue derived from the lease of waters under this section must be placed in the water supply account created in section 2 of this act.
     (5) The department shall seek federal and local funds to augment state funding for the water supply account created in section 2 of this act.