HOUSE BILL REPORT
SHB 1397
As Amended by the Senate
BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, Baugher, Nealey, Sprenkle, Doty, Chandler, Beck, Heavey, Haugen, Sayan, Jones, Phillips, Crane, H. Myers, Inslee and Todd;by request of Governor Gardner)
Regarding water use efficiency and conservation.
House Committe on Agriculture & Rural Development
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (10)
Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Doty, Grant, Jesernig, McLean, H. Myers, Rasmussen and Youngsman.
House Staff:Kenneth Hirst (786-7105)
Rereferred House Committee on Capital Facilities & Financing
Majority Report: The substitute bill by committee on Agriculture & Rural Development be substituted therefor and the substitute bill do pass. (11)
Signed by Representatives H. Sommers, Chair; Rasmussen, Vice Chair; Beck, Betrozoff, Bowman, Braddock, Fraser, Jacobsen, Peery, Wang and Winsley.
House Staff: Nancy Stevenson (786-7136)
AS PASSED HOUSE MARCH 9, 1989
BACKGROUND:
The Department of Ecology administers the state's water resource management laws. Included among these are the surface and groundwater codes and the Water Resources Act of 1971. The latter establishes the principles which apply to the management of water resources conducted under the water codes. It applies to water rights issued after its enactment in 1971.
SUMMARY:
Efficiency Encouraged. The principles listed in the Water Resources Act of 1971 which guide the management of the state's water resources are amended. In addition to traditional development, improved water use efficiency and conservation must be emphasized as a potential new source of water with which to meet future needs.
Entities are encouraged to carry out water use efficiency and conservation programs consistent with the following: Voluntary programs are preferred; water use efficiency (which by definition must be cost-effective) and waste water recycling should receive consideration in state and local planning processes, in setting instream flows, and in issuing new water rights; wherever possible, conservation of existing water supplies and transfers of existing water rights should be explored before pursuing increased diversions or withdrawals; entities receiving state financial assistance for water supply planning or construction and water quality improvements should implement conservation and water use efficiency elements in their plans; state programs to improve water use efficiency should focus on areas with water supply problems; and temporary and permanent transfers of water and water rights (in the quantity beneficially used), water banks, and the reuse of greywater are encouraged.
Greywater. The reuse of greywater is expressly authorized for lawns, gardens, trees and other uses, consistent with the protection of health and water quality.
Metering. Measurement by approved methods and reporting may be required as a condition for all new water rights.
State Plumbing Code. The State Building Code Council must revise the state plumbing code to require low- volume plumbing fixtures for all new construction and for all remodeling or repair which involves the replacement of plumbing fixtures. Water use guidelines are specified and the implementing code must take effect on July 1, 1990. More stringent guidelines are specified for plumbing code revisions which must take effect July 1, 1993. Sewer plans must include a discussion of water conservation measures and their impact on sewer services.
Guidelines. The Department of Ecology, in consultation with others, must adopt guidelines for a schedule of on-farm water requirements for various regions and soil types which will be used for water conservation funding, water right transfers, and the issuance of new water rights. It must also investigate the feasibility of developing guidelines for conveyance efficiency.
Irrigated Areas - Evaluation, Assessment, & Demonstration Plan. The department must conduct a state-wide evaluation, with the assistance of a task force, of irrigated areas regarding efficiency opportunities and impacts and local interest. The department and the task force must select an area for a voluntary demonstration project. An extensive area- specific conservation assessment must be conducted for the area. Subsequently, the department and a conservation plan formulation committee must jointly develop a demonstration conservation plan for the area.
All entities supplying water to the public are encouraged to develop plans for improving water use efficiency within their systems and areas and these must be considered by the state when administering programs regarding water resources, facilities or quality. The Department of Ecology and the Department of Social and Health Services must adopt rules establishing guidelines for the development and review of such plans, providing available financial assistance to public bodies for the development of these plans, and incorporating water use efficiency objectives in the administration of their water programs. The departments may provide advice and technical assistance upon request.
The Department of Social and Health Services must adopt procedures and guidelines by rule regarding water use efficiency and conservation to be included in water system plans required by the State Board of Health.
Existing Rights & Storage Options Preserved. These new policies may not affect existing water rights nor prevent future storage options.
EFFECT OF SENATE AMENDMENTS: The "water use efficiency" referred to in the Senate amendments must result in the saving of water at a cost which is less than the cost of obtaining water from any other source. In determining cost effectiveness, full consideration must be given to the benefits of water storage.
Plumbing Code.
The Plumbing Code guidelines provided by the substitute bill for water efficient fixtures are, under the Senate amendments, the standards which must be adopted by the Building Code Council. Local governments may not adopt any other such standards. The Council must report to the Legislature by October 30, 1992, regarding the availability of fixtures which meet the standards and the potential impact of their use on sewerage and septic lines and on treatment plants.
On farm Requirements; Conveyance; Transfers.
The Senate amendments remove provisions of the substitute bill which require the Department of Ecology to adopt guidelines for a schedule of on farm water requirements and to study the feasibility of developing guidelines for conveyance efficiency.
Temporary and permanent transfers of water or water rights and the establishment of "water banks" are no longer expressly encouraged by the bill as amended nor is the exploration of conservation and transfers encouraged before increased diversions or withdrawals are to be pursued.
Studies.
The Senate amendments require the Department to secure technical and financial assistance from the U.S. Bureau of Reclamation before conducting the area specific conservation assessment required by the substitute bill and permit, but do not require, the Department to appoint a task force to assist in conducting the statewide evaluation which is to precede that assessment.
Other.
The development of water use efficiency guidelines by the Department of Social and Health Services for water system plans required by the Board of Health is made contingent on the availability of the funds to do so as is the development of criteria for encouraging the reuse of greywater and encouraging other recycling practices.
The nature of the encouragement given by the substitute bill for the development of water use efficiency plans by entities which supply water to the public and by those which receive financial assistance is altered by the Senate amendments.
Fiscal Note: Requested on substitute February 27, 1989.
House Committee ‑ Testified For: (Agriculture & Rural Development) Kaleen Cottingham, Office of the Governor; Hedia Adelsman, Department of Ecology; Jim Trull, Sunnyside Valley Irrigation District; John Kirner, Tacoma City Water Department; and Elizabeth Tabbutt, Washington Environmental Council.
(Capital Facilities & Financing) Kaleen Cottingham, Office of the Governor, Hedia Adelsman, Department of Ecology.
House Committee - Testified Against: (Agriculture & Rural Development) Roger Von Gohren, Association of Washington Business; and Mark Triplett, Seattle Master Builders.
(Capital Facilities & Financing) None Presented.
House Committee - Testimony For: (Agriculture & Rural Development) (1) As the state's population and activities grow, more water will be needed; the efficient use of water is an important means of stretching supplies. (2) The plumbing code revisions will change the water use efficiency of fixtures substantially. (3) Crop water requirements need to be known for adjudication and other proceedings. (4) The time to work carefully for water use efficiency is before there is a water supply crisis.
(Capital Facilities & Financing) The substitute bill sets a direction toward water conservation that, for the most part, is based upon incentives and voluntary actions.
House Committee - Testimony Against: (Agriculture & Rural Development) (1) Industry already has financial incentives for using water efficiently. (2) The Plumbing Code Council and the Department of Ecology could require more efficient practices under their current authorities. (3) Plumbing fixtures are already becoming more efficient without further requirements.
(Capital Facilities & Financing) None Presented.
VOTE ON FINAL PASSAGE:
Yeas 94; Absent 1; Nays 3
Absent: Representative K. Wilson
Excused: Representatives Day, Dellwo and Hankins