SB 6091 — Ensuring that water is available to support development.

The land use element shall include population densities, building intensities, and estimates of future population growth.

The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies.

In providing for the protection of the quantity of groundwater used for public water supplies under this chapter, a county or city must be consistent with and may rely on chapters 90.03, 90.22, 90.44, and 90.54 RCW and applicable rules adopted pursuant to those statutes.

A comprehensive plan must incorporate projected uses of water over the subsequent twenty years as developed under section 105 of this act.

Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity.

Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.(2) A housing element ensuring the vitality and character of established residential neighborhoods that:

(a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth;

(b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences;

(c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities;

and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

In counties and cities subject to the review and evaluation requirements of RCW 36.70A.215, any revision to the housing element shall include consideration of prior review and evaluation reports and any reasonable measures identified.(3) A capital facilities plan element consisting of:

(a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities;

(b) a forecast of the future needs for such capital facilities;

(c) the proposed locations and capacities of expanded or new capital facilities;

(d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes;

and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

Park and recreation facilities shall be included in the capital facilities plan element.(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.(5) Rural element.

Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources.

The following provisions shall apply to the rural element:(a) Growth management act goals and local circumstances.

Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.(b) Rural development.

The rural element shall permit rural development, forestry, and agriculture in rural areas.

The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses.

To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character.(c) Measures governing rural development.

The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:(i) Containing or otherwise controlling rural development;(ii) Assuring visual compatibility of rural development with the surrounding rural area;(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources, which must be consistent with and may rely on applicable rules adopted pursuant to chapters 90.03, 90.22, 90.44, and 90.54 RCW;

and(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.(d) Limited areas of more intensive rural development.

Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.(A) A commercial, industrial, residential, shoreline, or mixed-use area are subject to the requirements of (d)(iv) of this subsection, but are not subject to the requirements of (c)(ii) and (iii) of this subsection.(B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.(C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas.

Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5);(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development.

A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population.

Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents.

Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(16).

Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(16).

Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection.

Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl.

Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection.

The county shall establish the logical outer boundary of an area of more intensive rural development.

In establishing the logical outer boundary, the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries, such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;(v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:(A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;(B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2);

or(C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).(e) Exception.

This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.(6) A transportation element that implements, and is consistent with, the land use element.(a) The transportation element shall include the following subelements:(i) Land use assumptions used in estimating travel;(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;(iii) Facilities and services needs, including:(A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning.

This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;(B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system.

These standards should be regionally coordinated;(C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system.

The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the office of financial management's ten-year investment program.

The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes.

In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;(D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;(E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;(F) Identification of state and local system needs to meet current and future demands.

Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;(iv) Finance, including:(A) An analysis of funding capability to judge needs against probable funding resources;(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems.

The multiyear financing plan should be coordinated with the ten-year investment program developed by the office of financial management as required by RCW 47.05.030;(C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;(v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;(vi) Demand-management strategies;(vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles.(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development.

These strategies may include increased public transportation service, ride-sharing programs, demand management, and other transportation systems management strategies.

For the purposes of this subsection (6), "concurrent with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

If the collection of impact fees is delayed under RCW 82.02.050(3), the six-year period required by this subsection (6)(b) must begin after full payment of all impact fees is due to the county or city.(c) The transportation element described in this subsection (6), the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must be consistent.(7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life.

A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.(8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities.

The element shall include:

(a) Estimates of park and recreation demand for at least a ten-year period;

(b) an evaluation of facilities and service needs;

and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.(9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130.

Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.Sec. 103.  RCW 58.17.110 and 1995 c 32 s 3 are each amended to read as follows:(1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication.

The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.(3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name.(4) IfA watercounty supplyor iscity tomust be providedconsistent bywith aand groundwatermay withdrawalrely exempton fromchapters permitting90.03, under90.22, RCW90.44, 90.44.050,and the90.54 applicant's compliance with RCW 90.44.050 and with applicable rules adopted pursuant to chaptersthose 90.22statutes and 90.54 RCW is sufficient in determining appropriate provisions for water supply for a subdivision, dedication, or short subdivision under this chapter.Sec. 5.  RCWchapter.Sec. 104.  RCW 90.54.010 and 1990 c 295 s 1 are each amended to read as follows:(1) It is the intent of the legislature to protect and restore healthy stream flows for instream resources, which will aid in recovery of depleted salmonid populations, support properly functioning ecosystems, and provide for the general welfare of the citizens of the state.

The department is directed to implement a program to restore and enhance stream flows by establishing watershed restoration and enhancement committees, as specified in section 6105 of this act, to develop and implement plans for stream flow restoration to support vibrant fish and wildlife, including restoring threatened and endangered salmonids.NEW SECTION.  Sec. 6.  ASECTION.  Sec. 105.  A new section is added to chapter 90.54 RCW to read as follows:(1) Unless requirements are otherwise specified in the applicable rules adopted under this chapter or chapter 90.22 RCW, potential impacts on a closed water body and potential impairment to an instream flow are authorized for a new domestic or commercial groundwater withdrawalswithdrawal exempt from permitting under RCW 90.44.050 through compliance with the requirements established in this section.(2)(a)act.(2)(a) The department shall establish watershed restoration and enhancement committees in each watershed with an instream flow rule adopted or amended before 2000 under this chapter or chapter 90.22 RCW.(b) The department shall chair the watershed restoration and enhancement committee and invite the following entities to participate:(i) A representative from each federally recognized Indian tribe that has reservation land within the water resource inventory areasarea;(ii) asA thoserepresentative areasfrom existeach infederally chapterrecognized 173-500Indian WACtribe onthat has a usual and accustomed harvest area within the effectivewater dateresource inventory area;(iii) A representative from the department of thisfish sectionand withwildlife, instreamappointed flowby rulesthe adopteddirector underof chaptersthe 90.22department of fish and 90.54wildlife;(iv) RCWA thatrepresentative dodesignated notby explicitlyeach regulatecounty permit-exemptwithin groundwaterthe withdrawals:water resource inventory area;

1and(v) (Whatcom);A representative designated by each city within the water resource inventory area.(3) By June 30, 2023, the department shall prepare and adopt a watershed restoration and enhancement plan for each watershed with an instream flow rule adopted or amended before 2000 under this chapter or chapter 90.22 RCW, in collaboration with the watershed restoration and enhancement committee.

7 (Snohomish);

8 (Cedar-Sammamish);

9 (Duwamish-Green);

10 (Puyallup-White);

11 (Nisqually);

12 (Chambers-Clover);

13 (Deschutes);

14 (Kennedy-Goldsborough);

15 (Kitsap);

22 (Lower Chehalis);

23 (Upper Chehalis);

49 (Okanogan);

55 (Little Spokane);

59 (Colville).(b) The department shall chair the watershed restoration and enhancement committee and invite the following entities to participate:(i) A representative from each federally recognized Indian tribe that has reservation land within the water resource inventory area;(ii) A representative from each federally recognized Indian tribe that has a usual and accustomed harvest area within the water resource inventory area;(iii) A representative from the department of fish and wildlife, appointed by the director of the department of fish and wildlife;(iv) A representative designated by each county within the water resource inventory area;(v) A representative designated by each city within the water resource inventory area;(vi) A representative designated by the largest irrigation district within the water resource inventory area;(vii) A representative designated by the largest publicly owned water purveyor providing water within the water resource inventory area that is not a municipality;

and(viii) A representative designated by a local organization representing the residential construction industry within the water resource inventory area.(3) By June 30, 2021, the department shall prepare and adopt a watershed restoration and enhancement plan for each watershed listed under subsection (2)(a) of this section, in collaboration with the watershed restoration and enhancement committee.

The plan may also include projects that improve watershed functions and instream resources without specifically replacing the consumptive quantity from projected future water users.(b) At a minimum, the plan must include those actions that the committee determines to be necessary to offset potential impacts to instream flows associated with permit-exempt domestic and commercial water use.

Lower priority projects include projects not in the same basin or tributary, projects that replace consumptive water supply impacts only during critical flow periods, and projects that protect or improve instream resources without replacing the consumptive quantity of water.(c) Prior to adoption of the watershed restoration and enhancement plan, the department must determine that actions identified in the plan, after accounting for new projected uses of water over the subsequent twenty years, will result in a net ecological benefit to instream resources within the water resource inventory area.(d) The watershed restoration and enhancement plan must include an evaluation or estimation of the cost of offsetting new domestic and commercial water uses over the subsequent twenty years, including withdrawals exempt from permitting under RCW 90.44.050.(e) The watershed restoration and enhancement plan must include estimates of the cumulative consumptive water use impacts over the subsequent twenty years, including withdrawals exempt from permitting under RCW 90.44.050.(f) The watershed restoration and enhancement plan may include:(i) Recommendations for modification to fees established under this subsection;(ii) Standards for water use quantities that are less than authorized under RCW 90.44.050 or more or less than authorized under subsection (4) of this section for withdrawals exempt from permitting;(iii) Specific conservation requirements for new water users to be adopted by local or state permitting authorities;

Any(h) modification to fees collected under subsection (4) of this section or standards for water use quantities that are less than authorized under RCW 90.44.050 or more than authorized under subsection (4) of this section for withdrawals exempt from permitting may not be applied unless authorized by rules adopted under this chapter.(h) If the watershed restoration and enhancement committee fails to approve a plan by June 30, 2021,2023, the director of the department shall submit the final draft plan to the salmon recovery funding board established under RCW 77.85.110 and request that the salmon recovery funding board provide a technical review and provide recommendations to the director to amend the final draft plan, if necessary, so that actions identified in the plan, after accounting for new projected uses of water over the subsequent twenty years, will result in a net ecological benefit to instream resources within the water resource inventory area.

After plan adoption, the director of the department shall initiate rule making within six months to incorporate recommendations into rules adopted under this chapter, and shall adopt amended rules within two years of initiation of rule making.(4)(a) UntilTo arely watershedon restorationthe andprovisions enhancement plan is approved and rules are adopted under subsection (3) of this section,act, a city or county issuing a building permit under RCW 19.27.097(1)(c),19.27.097, or approving a subdivision under chapter 58.17 RCW in a watershed listed in subsection (2)(a) of this section must:(i) Record relevant restrictions or limitations associated with water supply with the property title;(ii) Collect applicable fees, as described under this section;(iii) Record the number of building permits issued under chapter 19.27 RCW or subdivision approvals issued under chapter 58.17 RCW subject to the provisions of this section;(iv)act;(iv) Annually transmitremit to the department three hundred fifty dollars of each fee collected under this subsection;(v) Annually transmit an accounting of building permits and subdivision approvals subject to the provisions of this sectionact;(v) to the department;(vi) Until rules have been adopted that specify otherwise, require the following measures for each new domestic and commercial use that relies on a withdrawal exempt from permitting under RCW 90.44.050:(A) An applicant shall pay a fee of one thousand five hundred dollars to the permitting authority;(B) Except as provided in (b) of this subsection, an applicant may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for a single domestic or commercial indoor use only, with a maximum annual average withdrawal of ninefour hundred fifty gallons per dayday; per connection;

and(C) An applicant shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration,infiltration including using green infrastructure including low-impact development techniques, or pursuant to stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.(b) UponThe department and the issuancecity ofor acounty droughtissuing emergencya orderbuilding permit under RCW 43.83B.405,19.27.097 themay departmentallow mayan curtailapplicant to obtain approval for a withdrawal of groundwater exempt from permitting under RCW 90.44.050 andfor approveda undersingle thisdomestic subsectionor (4)commercial tooutdoor nouse morefor thana threespecified hundredperiod fiftyof gallonstime, perafter daythe perdepartment connectionhas reviewed and determined that water is available in the watershed for indoorthese usepurposes.(5) only.(5)The Rulesdepartment adoptedshall initiate rule making under this chapter may:(a)in Relyat onleast watershedone restorationwater andresource enhancementinventory planarea recommendationsevery andfour proceduresyears established in thisa sectionbasin toin authorizewhich newinstream withdrawalsflow exemptrules fromdo permittingnot underexist, RCWand 90.44.050when thatprioritizing woulda potentiallywater impactresource ainventory closedarea, waterbodymust orconsider:(a) aPopulation minimumgrowth flowrates orover level;(b)the Relypast onten projectsyears;(b) identifiedPresence inof thethreatened watershedor restorationendangered andspecies;(c) enhancementVulnerability planof instream resources to offsetimpacts consumptivefrom waterlow use;flows;

and(c)and(d) IncludeWhether updates to fees based on the watershed restoration and enhancement committee's determination of the costs for offsetting consumptive water use.(6)resource Theinventory departmentarea shallis submitidentified as a reportsalmon tocritical thebasin legislature by Decemberthe 31,department.(6) 2020,Rules andadopted Decemberunder 31,this 2027,chapter inmay:(a) complianceRely withon RCW 43.01.036, that includes the following elements:(a) Progress in completing and adopting watershed restoration and enhancement plans;(b)plan Arecommendations descriptionand ofprocedures programestablished projectsin andthis expenditures;(c)act Anto assessmentauthorize ofnew thewithdrawals streamflowexempt restorationfrom andpermitting enhancementunder benefitsRCW from90.44.050 programthat projects;(d)would Apotentially listingimpact ofa otherclosed effortswaterbody or actionsa takenminimum associatedflow withor streamflowlevel;(b) restorationRely andon enhancement, projects toidentified benefit instream resources, and other directly related watershed improvements conducted in coordination with the watershed restoration and enhancement planningplan process;(e)to Theoffset total number of new withdrawals exempt from permitting under RCW 90.44.050 authorized in each water resource inventory area under provisions of this section, and estimates of consumptive water useuse; impacts associated with the new withdrawals;

and(f)and(c) AInclude descriptionupdates ofto potentialfees orbased plannedon projects,the includingwatershed projectedrestoration and enhancement committee's determination of the costs andfor anticipatedoffsetting streamflow,consumptive water supply,use.(7) andThe watersheddepartment healthshall benefits.(7)submit Thisa sectionreport onlyto appliesthe tolegislature newby domesticDecember groundwater31, withdrawals2022, exemptand fromDecember permitting31, under2027, in compliance with RCW 90.44.05043.01.036, inthat includes the following waterelements:(a) resourceProgress inventoryin areascompleting asand thoseadopting areaswatershed existrestoration inand chapterenhancement 173-500plans;(b) WACA ondescription of program projects and expenditures;(c) An assessment of the effectivestreamflow daterestoration and enhancement benefits from program projects;(d) A listing of thisother sectionefforts or actions taken associated with streamflow restoration and enhancement, projects to benefit instream flowresources, rulesand adoptedother underdirectly chaptersrelated 90.22watershed improvements conducted in coordination with the restoration and 90.54enhancement planning process;(e) The total number of new withdrawals exempt from permitting under RCW that90.44.050 doauthorized notin explicitlyeach regulatewater permit-exemptresource groundwaterinventory withdrawals:area under provisions of this act, and estimates of consumptive water use impacts associated with the new withdrawals;

1and(f) (Whatcom);A description of potential or planned projects, including projected costs and anticipated streamflow, water supply, and watershed health benefits.NEW SECTION.  Sec. 106.  A new section is added to chapter 90.54 RCW to read as follows:(1) The department shall initiate a pilot project to measure water use from all new groundwater withdrawals, including withdrawals exempt from permitting under RCW 90.44.050.

7 (Snohomish);

8 (Cedar-Sammamish);

9 (Duwamish-Green);

10 (Puyallup-White);

11 (Nisqually);

12 (Chambers-Clover);

13 (Deschutes);

14 (Kennedy-Goldsborough);

15 (Kitsap);

22 (Lower Chehalis);

23 (Upper Chehalis);

49 (Okanogan);

55 (Little Spokane);

59 (Colville) and does not restrict the withdrawal of groundwater for other uses that are exempt from permitting under RCW 90.44.050.NEW SECTION.  Sec. 7.  A new section is added to chapter 90.54 RCW to read as follows:(1) The department shall initiate a pilot project to measure water use from all new groundwater withdrawals, including withdrawals exempt from permitting under RCW 90.44.050.

The department must purchase and provide meters to be used in the pilot project.

At a minimum, the pilot project must address the following:(a) Initial and on-going costs, including costs to individual property owners, local governmentgovernment, and the department;(b) Technical, practical, and legal considerations that must be addressed;(c) The costs and benefits of a water use measurement program relying on individual meters versus a water management program that estimates permit-exempt groundwater withdrawals;

and(d) Measures to protect the privacy of individual property owners and ensure accurate data collection.(2) The department shall report on the pilot project results in the report to the legislature submitted under section 6105 of this act.

The department shall include recommendations to the legislature, including estimated program costs for expanding the pilot project to other basins.NEW SECTION.  Sec. 8.  ASECTION.  Sec. 107.  A new section is added to chapter 90.54 RCW to read as follows:Nothing in this chapter affects the ability of any person to pursue a cause of action for the protection of any water right that is not a base flow, minimum flow, minimum level, or other similar standard or policy, established by the department under this chapter or chapter 90.22 RCW.NEW SECTION.  Sec. 9.  ASECTION.  Sec. 108.  A new section is added to chapter 90.54 RCW to read as follows:(1)follows:The The watershed restoration and enhancement account is created in the custody of the state treasury.treasurer.

AllThe receiptsaccount frommay feesreceive paidthose pursuantmoneys toas sectionmay 6be appropriated by the legislature for the purpose of thisfunding actrestoration mustand beenhancement depositedprojects intoas theidentified account.in section 105 of this act.

TheExpenditures from the account may alsobe receiveused thoseonly moneysfor asthe maycosts beof appropriatedadministering bythis theact, legislatureincluding forimplementing thewatershed purposerestoration and enhancement projects under section 105 of fundingthis restorationact, and enhancementcollecting projectsdata asand identifiedcompleting instudies sectionnecessary 6to ofdevelop, implement, and evaluate watershed restoration and enhancement projects under this act.

MoneysOnly the director of the department or the director's designee may authorize expenditures from the account.NEW SECTION.  Sec. 109.  A new section is added to chapter 90.54 RCW to read as follows:(1) The watershed restoration and enhancement taxable bond account mayis onlycreated bein spentthe afterstate appropriation.treasury.

Expenditures from the account may be used only for the costs of administering this act, including implementing watershed restoration and enhancement projects under section 6 of this act, and collecting data and completing studies necessary to develop, implement, and evaluate watershed restoration and enhancement projects under this act.(2) Fee revenues collected under section 6 of this act must be used exclusively within the water resource inventory area in which the fee originated.

The restriction in this subsection does not apply to moneys in the watershed restoration and enhancement account that do not originate from fees collected under section 6 of this act.NEW SECTION.  Sec. 10.  A new section is added to chapter 90.54 RCW to read as follows:(1) The watershed restoration and enhancement taxable bond account is created in the state treasury.

Expenditures from the account may be used only as provided for in this section.(2) Expenditures from the watershed restoration and enhancement taxable bond account may be used to assess, plan, and develop projects that include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes projects such as surface water impoundment, floodplain restoration, off-channel storage, and aquifer recharge, or other actions designed to provide access to new water supplies withwithin priority given to projects in watersheds developing plans as directed by section 6105 of this act.NEW SECTION.  Sec. 11.  ASECTION.  Sec. 110.  A new section is added to chapter 90.54 RCW to read as follows:(1) The watershed restoration and enhancement bond account is created in the state treasury.

Expenditures from the account may be used only as provided for in this section.(2) Expenditures from the watershed restoration and enhancement bond account may be used to assess, plan, and develop projects that include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes projects such as surface water impoundment, floodplain restoration, off-channel storage, and aquifer recharge, or other actions designed to provide access to new water supplies withwithin priority given to projects in watersheds developing plans as directed by section 6105 of this act.NEW SECTION.  Sec. 12.  (1)SECTION.  Sec. 111.  (1) A joint legislative task force on water resource mitigation is established to reviewmake therecommendations treatmentto ofthe surfacelegislature wateron andthe groundwaternecessary appropriationsauthority asin theyTitle relate90 toRCW instreamfor flowsthe anddepartment fishof habitat,ecology to developauthorize andmitigation recommendfor aimpacts mitigationto sequencinginstream processflows, andfish, scoringor systemaquatic tohabitat addressfrom suchappropriations appropriations,of andwater toin reviewareas thewhere Washingtoninstream supremeflows courthave decisionbeen inadopted Fosterby v.rule.

DepartmentThese ofrecommendations Ecology, 184 Wn.2d 465, 362 P.3d 959 (2015).(2) The task force must consistaddress of the followingauthority members:(a) Two members from each of the two largest caucuses of the senate, appointed by the president of the senate;(b) Two members from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;(c) A representative from the department of ecology,ecology appointedto byauthorize thewater directorresource ofmitigation thein department of ecology;(d) A representative from the department of fish and wildlife, appointed by the director of the department of fish and wildlife;(e) A representative from the department of agriculture, appointed by the director of the department of agriculture;(f) One representative from each of the following groups,sequence:(a) appointedAvoiding byimpacts theby: consensus of the cochairs of the task force:(i) An organization representing the farming industry in Washington;(ii) An organization representing Washington cities;(iii) Two representatives from an environmental advocacy organization or organizations;(iv) An organization representing municipal water purveyors;(v) An organization representing business interests;(vi) Representatives of two federally recognized Indian tribes, one invited by recommendation of the Northwest Indian fisheries commission, and one invited by recommendation of the Columbia river intertribal fish commission.(3) One cochair of the task force must be a member of the majority caucus of one chamber of the legislature, and one cochair must be a member of the minority caucus of the other chamber of the legislature, as those caucuses existed as of the effective date of this section.(4) The first meeting of the task force must occur by June 30, 2018.(5) Staff support for the task force must be provided by the office of program research and senate committee services.

(i) Complying with applicable mitigation requirements established in the rule setting forth minimum flows, levels, or closures;

or (ii) making the water diversion or withdrawal subject to the applicable minimum flows or levels;(b) Where avoidance is not reasonably attainable, minimizing impacts by providing replacement water supply resulting in no net annual increase in the quantity of water diverted or withdrawn from the stream or surface water body and no net detrimental impacts to fish and related aquatic resources;

and(c) Where avoidance and minimization are not reasonably attainable, compensating for impacts by providing net ecological benefits to fish and related aquatic resources in the water resource inventory area through out-of-kind mitigation, which may include instream or out-of-stream measures that improve or enhance existing water quality, riparian habitat, and other stream conditions, or any other measures that improve the function and productivity of affected fish populations and related aquatic habitat.(2) The task force must consist of the following members:(a) Two members from each of the two largest caucuses of the senate, appointed by the president of the senate;(b) Two members from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;(c) A representative from the department of ecology, appointed by the director of the department of ecology;(d) A representative from the department of fish and wildlife, appointed by the director of the department of fish and wildlife;(e) A representative from the department of agriculture, appointed by the director of the department of agriculture;(f) One representative from each of the following groups, appointed by the consensus of the cochairs of the task force:(i) An organization representing the farming industry in Washington;(ii) An organization representing Washington cities;(iii) Two representatives from an environmental advocacy organization or organizations;(iv) An organization representing municipal water purveyors;(v) An organization representing business interests;(vi) Representatives of two federally recognized Indian tribes, one invited by recommendation of the Northwest Indian fisheries commission, and one invited by recommendation of the Columbia river intertribal fish commission.(3) One cochair of the task force must be a member of the largest caucus of the house of representatives, and one cochair must be a member of the largest caucus of the senate, as those caucuses existed as of the effective date of this section.(4) The first meeting of the task force must occur by June 30, 2018.(5) Staff support for the task force must be provided by the office of program research and senate committee services.

Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.(7)(a) By November 15, 2019, the joint legislative task force must make recommendations to the legislature in compliance with RCW 43.01.036.(b) Recommendations of the joint legislative task force must be made by a sixtythree-fourths percent majority of the members of the committee.

Minority recommendations that achieve the support of at least five of the named voting members of the task force may also be submitted to the legislature.(8) The departmentjoint shalllegislative issuetask permitforce decisionsexpires December 31, 2019.(9) This section expires January 1, 2020.NEW SECTION.  Sec. 112.  The legislature intends to appropriate two hundred million dollars for upprojects to fiveachieve waterthe resourcegoals mitigationof pilotthis projects.act until January 1, 2028.

ItThe department of ecology is directed to implement a program to restore and enhance stream flows by fulfilling obligations under this act to develop and implement plans to restore stream flows to levels necessary to support robust, healthy, and sustainable salmon populations.PART 2NEW SECTION.  Sec. 201.  For the intentpurpose of providing funds for the legislaturewatershed torestoration useand enhancement program created in this act, the pilotstate projectsfinance committee is authorized to informissue thegeneral legislativeobligation taskbonds forceof processthe whilestate alsoof enablingWashington in the processingsum of watertwo righthundred applicationsmillion thatdollars, addressor wateras supplymuch needs.thereof as may be required, to finance the projects and all costs incidental thereto.

TheBonds department is authorized to issue permits in reliancethis uponsection watermay resourcebe mitigationsold ofat impactssuch toprice instreamas flows and closed surface water bodies under the followingstate mitigationfinance sequence:(a)committee Avoidingshall impactsdetermine. by:

(i)No Complyingbonds withauthorized mitigationin requiredthis bysection adoptedmay rulesbe offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.NEW SECTION.  Sec. 202.  It is the intent of the legislature that setthe forthproceeds minimumof flows,the levels,new orbonds closures;authorized in section 201 of this act will be appropriated in phases over five biennia, beginning with the 2017-2019 biennium.

orThis (ii)is makingnot theintended waterto diversionlimit orthe withdrawallegislature's subjectability to appropriate bond proceeds if the applicablefull minimumamount flowsauthorized orin levels;section 201 of this act has not been appropriated after five biennia.

or(b)The Whereauthorization avoidanceto ofissue impactsbonds iscontained notin reasonablysection attainable,201 minimizingof impactsthis byact providingdoes permanentnot newexpire oruntil existingthe trustfull waterauthorization rightshas orbeen throughappropriated otherand typesissued.NEW ofSECTION.  Sec. 203.  The replacementproceeds waterfrom supplythe resultingsale inof nothe netbonds annualauthorized increase in thesection quantity201 of waterthis divertedact ormust withdrawnbe fromdeposited in the streamwatershed orrestoration surface water body and noenhancement netbond detrimentalaccount impactscreated toin fishsection and110 relatedof aquaticthis resources;act.

or(c)If Wherethe avoidancestate andfinance minimizationcommittee aredeems notit reasonablynecessary attainable,to compensatingissue forthe impactsbonds byauthorized providingin netsection ecological201 benefitsof this act as taxable bonds in order to fishcomply andwith relatedfederal aquaticinternal resourcesrevenue inservice rules and regulations pertaining to the wateruse resourceof inventorynontaxable areabond throughproceeds, in-kindthe orproceeds out-of-kindof mitigationsuch ortaxable abonds combinationmust thereof,be thatdeposited improvesinto the functionwatershed restoration and productivityenhancement oftaxable affectedbond fishaccount populationscreated andin relatedsection aquatic109 habitat.of this act.

Out-of-kind mitigation may include instream or out-of-stream measures that improve or enhance existing water quality, riparian habitat, or other instream functions and values for which minimum instream flows or closures were established in that watershed.(9) The pilotstate projectstreasurer eligibleshall forsubmit processingwritten undernotice thisto section, based on criteria as of the effectivedirector date of thisfinancial section,management include:(a)Aif cityit operatingis adetermined groupthat Aany watersuch systemtransfer into Kitsapthe countystate andtaxable waterbuilding resourceconstruction inventoryaccount areais 15,necessary. with a population between 13,000 and 14,000;(b) A city operating a group A water system in Pierce county and water resource inventory area 10, with a population between 9,500 and 10,500;(c) A city operating a group A water system in Thurston county and water resource inventory area 11, with a population between 8,500 and 9,500;(d) A nonprofit mutual water system operating a group A water system in Pierce county and water resource inventory area 12, with between 10,500 and 11,500 service connections;

and(e)Moneys An irrigation district located in Whatcom county and water resource inventory area 1, solely for the purposeaccount ofmay processing changes of water rights from surface water to groundwater, and implementing flow augmentation to benefit instream flows.(10) Water right applicants eligible to be processedspent underonly thisafter pilotappropriation. project authority must elect to be included in the pilot project review by notifying the department of ecology by July 1, 2018.

OnceThe anproceeds applicantshall notifies the department of ecology of its intent to be processedused underexclusively thisfor pilotthe projectpurposes authority,specified subsectionin (8) of this section applies201 to final decisions issued by the department of ecology, even if such a final decision is issued after the expiration of this section.(11)act Byand November 15, 2018, the department of ecology must furnish the task force with information on conceptual mitigation plans for each water resource mitigation pilot project application.(12) To ensure that the processingpayment of pilotexpenses projectincurred applications can inform the task force process in a timely manner, the departmentissuance ofand ecologysale must expedite processing of applicationsthe forbonds. water resource mitigation pilot projects.

TheThese applicantproceeds forshall eachbe pilotadministered projectby must reimburse the departmentoffice of ecologyfinancial formanagement, thesubject department'sto costslegislative ofappropriation.NEW processingSECTION.  Sec. 204.  The thedebt-limit applicant'sgeneral application.(13)fund Thebond waterretirement resourceaccount mitigationshall pilotbe projectused authorityfor granted to the departmentpayment of ecology does not affect or modify any other procedural requirements of chapter 90.03, 90.44, or 90.54 RCW that apply to the processingprincipal of such applications.(14) The joint legislative task force expires December 31, 2019.(15) This section expires January 1, 2020.Sec. 13.  RCW 90.03.247 and 2003interest con 39the sbonds 48authorized are each amended to read as follows:(1) Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effectsection at201 the time of approval,this theact. permit shall be conditioned to:

(a)The Protectstate thefinance levelscommittee shall, on or flows;before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements.

orOn (b)each requiredate wateron resourcewhich mitigationany ofinterest impactsor toprincipal instream flows and closedinterest surfacepayment wateris bodiesdue, forthe waterstate resourcetreasurer mitigationshall pilotwithdraw projectsfrom authorizedany undergeneral sectionstate 12revenues ofreceived thisin act.(2)the Nostate agencytreasury may establish minimum flows and levelsdeposit orin similarthe waterdebt-limit flowgeneral orfund levelbond restrictionsretirement foraccount anyan streamamount orequal laketo of the stateamount othercertified thanby the departmentstate offinance ecologycommittee whose authority to establishbe isdue exclusive,on asthe providedpayment indate. chapter 90.03 RCW and RCW 90.22.010 and 90.54.040.

TheBonds provisionsissued under section 201 of this act shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other statutes,appropriate includingproceeding butrequire the transfer and payment of funds as directed in this section.NEW SECTION.  Sec. 205.  The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in section 201 of this act, and section 204 of this act shall not limitedbe deemed to ((RCWprovide 77.55.100an and))exclusive method for the payment.NEW SECTION.  Sec. 206.  The bonds authorized in section 201 of this act shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.NEW SECTION.  Sec. 207.  Sections 201 through 206 of this act constitute a new chapter 43.21Cin RCW,Title may43 RCW.PART 3NEW SECTION.  Sec. 301.  If specific authority to issue general obligation bonds of at least two hundred million dollars for the purposes of this act, referencing this act by bill or chapter number, is not beprovided interpretedby June 30, 2018, in a mannerbond thatauthorization act, this act is inconsistentnull withand void.NEW SECTION.  Sec. 302.  If any provision of this section.act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.NEW SECTION.  Sec. 303.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.--- END ---

In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fish and wildlife, the department of ((community, trade, and economic development)) commerce, the department of agriculture, and representatives of the affected Indian tribes.

Nothing herein shall preclude the department of fish and wildlife, the department of ((community, trade, and economic development)) commerce, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife, the department of ((community, trade, and economic development)) commerce, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.Sec. 14.  RCW 90.03.290 and 2001 c 239 s 1 are each amended to read as follows:(1) When an application complying with the provisions of this chapter and with the rules of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied.

If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation.

If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public.(2)(a) If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary.

If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified.

If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent, and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit.(b) For any application for which a preliminary permit was issued and for which the availability of water was directly affected by a moratorium on further diversions from the Columbia river during the years from 1990 to 1998, the preliminary permit is extended through June 30, 2002.

If such an application and preliminary permit were canceled during the moratorium, the application and preliminary permit shall be reinstated until June 30, 2002, if the application and permit:

(i) Are for providing regional water supplies in more than one urban growth area designated under chapter 36.70A RCW and in one or more areas near such urban growth areas, or the application and permit are modified for providing such supplies, and (ii) provide or are modified to provide such regional supplies through the use of existing intake or diversion structures.

The authority to modify such a canceled application and permit to accomplish the objectives of (b)(i) and (ii) of this subsection is hereby granted.(3) The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied:

PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes.

But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for.(4) If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit.

Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application.

In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application.

After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470:

PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance.(5) The requirements of subsections (1) and (3) of this section do not apply to water resource mitigation pilot projects for which permits are issued in reliance upon water resource mitigation of impacts to instream flows and closed surface water bodies under section 12 of this act.NEW SECTION.  Sec. 15.  The legislature intends to appropriate three hundred million dollars for projects to achieve the goals of this act until June 30, 2033.

The department of ecology is directed to implement a program to restore and enhance stream flows by fulfilling obligations under this act to develop and implement plans to restore stream flows to levels necessary to support robust, healthy, and sustainable salmon populations.NEW SECTION.  Sec. 16.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.NEW SECTION.  Sec. 17.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.--- END ---