BILL REQ. #:  S-3687.1 

Read first time 01/14/08.   Referred to Committee on Water, Energy & Telecommunications.

     AN ACT Relating to improving landowners' ability to prevent and fight fire using groundwater; amending RCW 90.44.050; and adding a new section to chapter 90.44 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.44 RCW to read as follows:
     A withdrawal of public groundwaters for fire prevention purposes, in an amount not exceeding five thousand gallons a day, is exempt from the permit requirements of RCW 90.44.050. For the purposes of this section, "fire prevention purposes" includes, but is not limited to, water applied or stored for emergency fire suppression activities or for the application of water to trees or other vegetation in order to prevent or address hazardous fire conditions.

Sec. 2   RCW 90.44.050 and 2003 c 307 s 1 are each amended to read as follows:
     After June 6, 1945, no withdrawal of public groundwaters 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)). However, any withdrawal of public groundwaters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052 or in section 1 of this act, 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)). 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)). Additionally, at the option of the party making withdrawals of groundwaters 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 in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.