BILL REQ. #:  S-0516.2 

Read first time 02/05/09.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to verifying water supply to new subdivisions; amending RCW 58.17.070 and 58.17.110; and creating a new section.

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

NEW SECTION.  Sec. 1   Where land is divided into multiple lots for the purpose of providing for the future residential and commercial development of those lots, it is vital that the property owner work closely with the general purpose local government and any water supply utility providing service in that area in order to assure an adequate water supply to those lots. Determining that an adequate water supply exists should begin early in subdivision planning and be coordinated with applicable land use, water supply, and capital facilities planning by the general purpose local government and appropriate water supply utilities. It is therefore the purpose of this act that adequate provision for water supply to the subdivision be made at the time a city or county approves the subdivision and that the applicant for subdivision approval demonstrate that the water supply to the subdivision is secured.

Sec. 2   RCW 58.17.070 and 1981 c 293 s 4 are each amended to read as follows:
     (1)(a) A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated. The applicant shall submit with the preliminary plat a written verification of water supply as provided in subsection (2) of this section. A preliminary plat may not be processed until such verification of water supply is submitted.
     (b) Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
     (2) The verification of water supply required under subsection (1) of this section must demonstrate that sufficient water supply for the uses of all lots anticipated with full development of the subdivision, and that such water supply will be available presently or before development of the lots within the subdivision. The verification may rely upon one or more of the following to demonstrate an adequate water supply to the subdivision:
     (a) Evidence of a water right appurtenant to the subdivision land in which the uses and quantities allowable under the right are sufficient and appropriate for purpose of the projected uses upon development of the subdivision;
     (b) Evidence that a public water supplier has provided written confirmation that the supplier has the authority and will serve the subdivision under an approved and currently valid water system plan;
     (c) Evidence through written contracts or other proof that valid water rights will be changed or transferred to serve the subdivision, and documentation that the water rights remain valid, that the water rights are eligible for any necessary change, transfer, or amendment for the purposes of the plat, and that the water rights are sufficient for the water supply requirements of the plat; or
     (d) In the case of any subdivision into six or fewer lots, that the subdivision uses may be served by groundwater withdrawal within the limited purposes and quantities exempt from obtaining a permit as provided for in chapter 90.44 RCW.

Sec. 3   RCW 58.17.110 and 1995 c 32 s 3 are each amended to read as follows:
     (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, ((potable water supplies,)) an adequate water supply to the subdivision as provided in subsection (4) of this section, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication.
     (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, ((potable water supplies,)) an adequate water supply to the subdivision as provided in subsection (4) of this section, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.
     (3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name.
     (4) Before a subdivision may be approved, the legislative body must determine that it will be served by an adequate water supply. An adequate water supply may be demonstrated by substantial evidence in the record that the water supply is available or will be available before or simultaneous with the development of the subdivision. This demonstration may be made through one or more of the following means:
     (a) Evidence of a water right appurtenant to the subdivision land in which the uses and quantities allowable under the right are sufficient for the projected uses upon development of the subdivision;
     (b) Evidence that the subdivision lies within the area covered by an approved water system plan of a municipal water supplier having a duty to provide water supply within the area; or
     (c) In the case of any subdivision into six or fewer lots, that the subdivision uses will be served by groundwater withdrawal within the limited purposes and quantities exempt from obtaining a permit as provided for in chapter 90.44 RCW.