BILL REQ. #:  S-3649.2 

Read first time 01/13/12.   Referred to Committee on Agriculture, Water & Rural Economic Development.

     AN ACT Relating to reconvening a stock water working group; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that effective water resource management and a stable livestock industry are vital to the economic and environmental well-being of the state. The livestock industry is an important part of our state's economy and an important part of many communities in our state, and this industry should be treated fairly as with all other sectors of the economy seeking an assured water supply for its activities. The legislature further finds that achievement of these goals is hindered by uncertainty surrounding the exemption from water right permit requirements for withdrawals of public groundwater for "stock watering purposes." In a six to three decision, the supreme court held in Five Corners Family Farmers v. State, No. 84632–4 (2011) that "under a plain reading of RCW 90.44.050, groundwater withdrawn without a permit for stock-watering purposes is not limited to 5,000 gallons per day." In the dissent, the minority held that "the stock-watering permit exemption in RCW 90.44.050 is ambiguous, and the legislature intended to limit the exemption to 5,000 gallons of water per day." The minority concluded that "it is highly unlikely that the legislature contemplated in 1945 that the stock-watering exemption would apply to an industrial feedlot using between 450,000 and 600,000 gallons of water per day." The majority opinion stated that, "it may be that, at the time of enactment of RCW 90.44.050, the legislature believed that stock-watering was sufficiently important, and its impact sufficiently slight, that a balancing of interests categorically justified groundwater withdrawals without consideration of other factors." The court further stated that "to the extent this reasoning no longer holds true, it is for the legislature, not this court, to amend the statute." With that direction from the supreme court, the legislature finds that reconvening the stock water working group established in Engrossed Substitute House Bill No. 1244, chapter 564, Laws of 2009 is necessary.
     (2)(a) The department of ecology shall convene a stock water working group that includes:
     (i) Four members of the house of representatives, two from each of the two largest political caucuses, appointed by the speaker of the house of representatives;
     (ii) Four members of the senate, two from each of the two largest political caucuses, appointed by the president of the senate;
     (iii) Four members representing agricultural interests, one of which must represent small agricultural interests;
     (iv) Three members representing environmental interests;
     (v) The attorney general or the attorney general's designee;
     (vi) The director of the department of ecology or the director's designee; and
     (vii) The director of the department of agriculture or the director's designee.
     (b) Affected federally recognized tribes shall be invited to send participants.
     (c) The stock water working group shall choose its chair from among its legislative membership.
     (d) The stock water working group shall review issues surrounding the use of permit-exempt wells for stock-watering purposes and develop recommendations for legislative action.
     (e) The stock water working group shall meet periodically and report its findings and recommendations for legislative action to the legislature, consistent with RCW 43.01.036, by December 31, 2012.
     (3) This section expires December 31, 2012.