HOUSE BILL REPORT
HB 2054


As Reported By House Committee On: Agriculture
& Ecology
Title: An act relating to water resource management.
Brief Description: Authorizing local watershed planning and modifying water resource management.
Background: Water Resource Management - General.
With the adoption of the surface water code in 1917 and the groundwater
code in 1945, new rights to the use of water are established under a
permit system.
However, certain uses of groundwater not exceeding
5,000 gallons per day are exempted from this permit requirement. The
permit system is based on the prior appropriation doctrine that "first
in time is first in right." Other laws authorize the state to establish
minimum flows and levels for streams and Lakes. The permit system and
the state's laws for managing water resources are administered by the
Department of Ecology (DOE).
Water Resources Inventory Area (WRIA) Planning. The Water
Resources
Act directs the DOE to develop a comprehensive state water resources
program for making decisions on future water resource allocation and
use. The act permits the DOE to develop the program in segments. Under
the act, the DOE has divided the state into 62 WRIAs.
Groundwater Planning. The groundwater code permits the DOE to
designate
and manage groundwater areas, subareas, or depth zones to prevent the
overdraft of groundwaters. In 1985, legislation was enacted that
permits groundwater management studies to be initiated locally and
allows local governments to assume the lead agency role in developing
local groundwater management programs.
Interties. Public water system interties were expressly
acknowledged by statute in 1991, and new interties were authorized under
certain circumstances. By definition, interties do not include the development of new sources of supply to meet future demand.
Summary of Substitute Bill: WRIA Planning. The county with the
largest
population residing within a WRIA may choose to initiate local water
resource planning for the WRIA. If planning is conducted for the WRIA,
one planning unit for the WRIA is to be appointed as follows: one
member representing each county in the WRIA, appointed by the county;
one member for each county in the WRIA (but not less than two)
representing collectively all cities in the WRIA, appointed by the
cities jointly; two members representing collectively all public water
utilities in the WRIA, appointed by the utilities jointly; one member
representing collectively all conservation districts in the
WRIA,
appointed by the districts jointly; four members representing the
general citizenry, appointed by the counties jointly; and six members
representing various interest groups, appointed by the counties
jointly. If one or more federal Indian reservations are in the WRIA,
the planning unit includes a tribal representative of the tribes on the
reservations, appointed by the tribes. Representatives of the
departments of Ecology, Fish and Wildlife, and Transportation are
nonvoting members of the planning unit. In addition, the largest water
purveyor in a WRIA is to be represented on a planning unit for a WRIA
in King, Pierce, or Snohomish counties, whether the main offices of the
purveyor are or are not located in the WRIA. Except for multi-WRIA
planning, the lead agency for WRIA planning follows: in western
Washington, the largest
water utility in the WRIA; in eastern
Washington, the county with the largest population residing in the
WRIA. The lead agency provides staff support for the planning process.
Substitute Bill Compared to Original Bill: Added by the
substitute bill are the following provisions: adding state and tribal
representatives
to the planning unit; requiring a planning unit to begin work once
two-thirds of the appointments have been made; requiring the unit to
seek consensus in decision-making; prohibiting planning units from
setting instream flows for the Columbia or Snake rivers and limiting
their authority to set instream flows to planning areas that are
tributary to the Columbia or Snake rivers or to marine water; allowing
the DOE to request a court decision regarding conflicts in a plan with
state or federal law; preventing plans from interfering with federal
reclamation projects; identifying circumstances under which interties
may be used as a primary or secondary source of supply or may be used
for the development of new sources; allowing pre-1991 interties to be
used to full design or built capacity; and preventing relinquishment
for nonuse if the nonuse is caused by water efficiency or processing of
certain transfers.
Here is a map of our WRIAHere is a map of the Planning Unit negotiating table