S-0908.2           _______________________________________________
                                  SENATE BILL 5565
                   _______________________________________________
State of Washington               56th Legislature             1999 Regular Session
By Senator Fraser
Read first time 01/28/1999.  Referred to Committee on Environmental
Quality & Water Resources.
     AN ACT Relating to measuring water withdrawals for purposes of
water conservation; amending RCW 90.03.360 and 90.44.450; adding a new
section to chapter 90.54 RCW; adding a new section to chapter 70.119A
RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     {+ NEW SECTION. +}  Sec. 1.  The legislature declares that accurate
measurement of water withdrawal and water use is essential for sound
management and conservation of water resources in the face of
continually increasing demand and limited supply.
     Sec. 2.  RCW 90.03.360 and 1994 c 264 s 85 are each amended to read
as follows:
     (1) The owner or owners of any water diversion shall maintain, to
the satisfaction of the department (({- of ecology -})), substantial
controlling works and a measuring device constructed and maintained to
permit accurate measurement and practical regulation of the flow of
water diverted.  Every owner or manager of a reservoir for the storage
of water shall construct and maintain, when required by the department,
any measuring device necessary to ascertain the natural flow into and
out of said reservoir.
     Metering of diversions or measurement by other approved methods
shall be required as a condition for all new surface water right
permits, and except as provided in subsection (2) of this section, may
be required as a condition for all (({- previously -})) existing
surface water rights {+ or claims +}.  (({- The department may also
require, as a condition for all water rights, metering of diversions,
and reports regarding such metered diversions as to the amount of water
being diverted.  Such reports shall be in a form prescribed by the
department. -}))
     (2) Where water diversions are from waters (({- in which the
salmonid stock status is depressed or critical, as determined by the
department of fish and wildlife -})) {+ that support species listed
under the federal endangered species act as threatened or endangered or
determined by the department of fish and wildlife to be depressed or
critical, if the water is needed and can be used to protect or restore
instream flows +}, or where the volume of water being diverted exceeds
one cubic foot per second, the department shall require metering or
measurement by other approved methods as a condition for all new and
previously existing water rights or claims.  The department shall
attempt to integrate the requirements of this subsection into its
existing compliance workload priorities, but shall prioritize the
requirements of this subsection ahead of the existing compliance
workload where a delay may cause the decline of wild salmonids.  The
department shall notify the department of fish and wildlife of the
status of fish screens associated with these diversions.
     This subsection (2) shall not apply to diversions for public or
private hatcheries or fish rearing facilities if the diverted water is
returned directly to the waters from which it was diverted.
     {+ (3) By rule, the department shall prescribe approved methods of
measuring, any reporting requirements and methods of reporting, and any
exemptions to this subsection. +}
     Sec. 3.  RCW 90.44.450 and 1989 c 348 s 7 are each amended to read
as follows:     {+ (1) +} The department (({- of ecology may -})) {+ shall +}
require withdrawals of ground water to be metered, or measured by other
approved methods, as a condition for a new water right permit.  (({-
The department may also require, as a condition for such permits,
reports regarding such withdrawals as to the amount of water being
withdrawn.  These reports shall be in a form prescribed by thedepartment. -}))
     {+ (2) The department shall require withdrawals of ground water
under an existing water right permit to be measured, where the ground
water is interrelated with surface water that supports species listed
under the federal endangered species act as threatened or endangered or
determined by the department of fish and wildlife to be depressed or
critical, if the water is needed and can be used to protect or restore
instream flows.
     (3) By rule, the department shall prescribe approved methods of
measuring, any reporting requirements and methods of reporting, and any
exemptions to this subsection. +}
     {+ NEW SECTION. +}  Sec. 4.  A new section is added to chapter
90.54 RCW to read as follows:
     (1) All irrigation systems, including irrigation districts,
irrigation companies, partnership ditches, and other irrigation water
delivery associations serving ten or more farms shall install and
maintain a measuring device at each farm headgate, if the water has
been drawn from a source that supports species listed under the federal
endangered species act as threatened or endangered or determined by the
department of fish and wildlife to be depressed or critical, if the
water is needed and can be used to protect or restore instream flows.
     (2) By rule, the department shall prescribe approved devices and
methods of measuring, any reporting requirements and methods of
reporting, and any exemptions to this subsection.
     {+ NEW SECTION. +}  Sec. 5.  A new section is added to chapter
70.119A RCW to read as follows:
     (1) Each public water system with fifteen or more service
connections shall install and maintain a measuring device at each
connection, if the water has been drawn from a source that supports
species listed under the federal endangered species act as threatened
or endangered or determined by the department of fish and wildlife to
be depressed or critical, if the water is needed and can be used to
protect or restore instream flows.
     (2) By rule, the department shall prescribe approved methods of
measuring, any reporting requirements and methods of reporting, and any
exemptions to this subsection.                                     --- END ---