S-0908.2
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SENATE BILL 5565
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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.
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