Columbia River Basin Water Supply (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.90)

Chapter Chapter 90.9090.90 RCW RCW Chapter ListingChapter Listing COLUMBIA RIVER BASIN WATER SUPPLYCOLUMBIA RIVER BASIN WATER SUPPLY SectionsSections 90.90.00590.90.005 Finding.Finding. 90.90.01090.90.010 Columbia river basin water supply development accountColumbia river basin water supply development account——Use for storage facilitiesUse for storage facilities and access to water suppliesand access to water supplies——EvaluationEvaluation——Public commentPublic comment——Use of net waterUse of net water savingssavings——Water service contracts.Water service contracts. 90.90.02090.90.020 Allocation and development of water supplies.Allocation and development of water supplies. 90.90.03090.90.030 Voluntary regional agreementsVoluntary regional agreements——Scope and applicationScope and application——Definitions.Definitions. 90.90.04090.90.040 Columbia river water supply inventoryColumbia river water supply inventory——Long­term water supply and demand forecast.Long­term water supply and demand forecast. 90.90.05090.90.050 Columbia river mainstem water resources information system.Columbia river mainstem water resources information system. 90.90.06090.90.060 Additional releases of water from Lake Roosevelt.Additional releases of water from Lake Roosevelt. 90.90.07090.90.070 Columbia river water delivery accountColumbia river water delivery account——CreationCreation——Distribution.Distribution. 90.90.08090.90.080 Impacts of water releaseImpacts of water release——Department of ecology's duties.Department of ecology's duties. 90.90.09090.90.090 Columbia river basin taxable bond water supply development accountColumbia river basin taxable bond water supply development account——Water serviceWater service contracts.contracts. 90.90.10090.90.100 Columbia river basin water supply revenue recovery accountColumbia river basin water supply revenue recovery account——Water serviceWater service contracts.contracts. 90.90.11090.90.110 Use of certain water made available through reoperation of Sullivan lake.Use of certain water made available through reoperation of Sullivan lake. 90.90.90090.90.900 Effective dateEffective date——2006 c 6.2006 c 6. 90.90.00590.90.005 Finding.Finding. (1) The legislature finds that a key priority of water resource management in the Columbia river(1) The legislature finds that a key priority of water resource management in the Columbia river basin is the development of new water supplies that includes storage and conservation in order to meetbasin is the development of new water supplies that includes storage and conservation in order to meet the economic and community development needs of people and the instream flow needs of fish.the economic and community development needs of people and the instream flow needs of fish. (2) The legislature therefore declares that a Columbia river basin water supply development(2) The legislature therefore declares that a Columbia river basin water supply development program is needed, and directs the department of ecology to aggressively pursue the development ofprogram is needed, and directs the department of ecology to aggressively pursue the development of water supplies to benefit both instream and out­of­stream uses.water supplies to benefit both instream and out­of­stream uses. [ [ 2006 c 6 § 1.2006 c 6 § 1.]] 90.90.01090.90.010 Columbia river basin water supply development account—Use for storage facilitiesColumbia river basin water supply development account—Use for storage facilities and access to water supplies—Evaluation—Public comment—Use of net waterand access to water supplies—Evaluation—Public comment—Use of net water savings—Water service contracts.savings—Water service contracts. (1) The Columbia river basin water supply development account is created in the state treasury.(1) The Columbia river basin water supply development account is created in the state treasury. The account may receive direct appropriations from the legislature, receipts of any funds pursuant toThe account may receive direct appropriations from the legislature, receipts of any funds pursuant to http://app.leg.wa.gov/RCW/default.aspx?cite=90.90 https://app.leg.wa.gov/RCW/default.aspx?cite=90.90 http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%201. RCW RCW 90.90.02090.90.020 and and 90.90.03090.90.030, or funds from any other sources. The account is intended to fund, or funds from any other sources. The account is intended to fund projects using tax exempt bonds.projects using tax exempt bonds. (2)(a) Expenditures from the Columbia river basin water supply development account may be(2)(a) Expenditures from the Columbia river basin water supply development account may be used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities,used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities, implement conservation projects, develop pump exchanges, or any other actions designed to provideimplement conservation projects, develop pump exchanges, or any other actions designed to provide access to new water supplies within the Columbia river basin for both instream and out­of­stream uses.access to new water supplies within the Columbia river basin for both instream and out­of­stream uses. Except for the development of new storage projects and pump exchanges, there shall be noExcept for the development of new storage projects and pump exchanges, there shall be no expenditures from this account for water acquisition or transfers from one water resource inventory areaexpenditures from this account for water acquisition or transfers from one water resource inventory area to another without specific legislative authority. For purposes of this chapter, "pump exchanges" meansto another without specific legislative authority. For purposes of this chapter, "pump exchanges" means water supply development projects that exchange water from one source to another or relocate anwater supply development projects that exchange water from one source to another or relocate an existing diversion downstream, with resulting instream benefit.existing diversion downstream, with resulting instream benefit. (b) Two­thirds of the funds placed in the account shall be used to support the development of new(b) Two­thirds of the funds placed in the account shall be used to support the development of new storage facilities and pump exchanges; the remaining one­third shall be used for the other purposesstorage facilities and pump exchanges; the remaining one­third shall be used for the other purposes listed in this section.listed in this section. (3)(a) Funds may not be expended from this account for the construction of a new storage facility(3)(a) Funds may not be expended from this account for the construction of a new storage facility until the department of ecology evaluates the following:until the department of ecology evaluates the following: (i) Water uses to be served by the facility;(i) Water uses to be served by the facility; (ii) The quantity of water necessary to meet those uses;(ii) The quantity of water necessary to meet those uses; (iii) The benefits and costs to the state of meeting those uses, including short­term and long­term(iii) The benefits and costs to the state of meeting those uses, including short­term and long­term economic, cultural, and environmental effects; andeconomic, cultural, and environmental effects; and (iv) Alternative means of supplying water to meet those uses, including the costs of those(iv) Alternative means of supplying water to meet those uses, including the costs of those alternatives and an analysis of the extent to which long­term water supply needs can be met using thesealternatives and an analysis of the extent to which long­term water supply needs can be met using these alternatives.alternatives. (b) The department of ecology may rely on studies and information developed through(b) The department of ecology may rely on studies and information developed through compliance with other state and federal permit requirements and other sources. The department shallcompliance with other state and federal permit requirements and other sources. The department shall compile its findings and conclusions, and provide a summary of the information it reviewed.compile its findings and conclusions, and provide a summary of the information it reviewed. (c) Before finalizing its evaluation under the provisions of this section, the department of ecology(c) Before finalizing its evaluation under the provisions of this section, the department of ecology shall make the preliminary evaluation available to the public. Public comment may be made to theshall make the preliminary evaluation available to the public. Public comment may be made to the department within thirty days of the date the preliminary evaluation is made public.department within thirty days of the date the preliminary evaluation is made public. (4) Net water savings achieved through conservation measures funded by the account shall be(4) Net water savings achieved through conservation measures funded by the account shall be placed in trust in proportion to the state funding provided to implement a project.placed in trust in proportion to the state funding provided to implement a project. (5) Net water savings achieved through conservation measures funded by the account developed(5) Net water savings achieved through conservation measures funded by the account developed within the boundaries of the federal Columbia river reclamation project and directed to the Odessawithin the boundaries of the federal Columbia river reclamation project and directed to the Odessa subarea to reduce the use of groundwater for existing irrigation is exempt from the provisions ofsubarea to reduce the use of groundwater for existing irrigation is exempt from the provisions of subsection (4) of this section.subsection (4) of this section. (6) The department of ecology may enter into water service contracts with applicants receiving(6) The department of ecology may enter into water service contracts with applicants receiving water from the program to recover all or a portion of the cost of developing the water supply. Costswater from the program to recover all or a portion of the cost of developing the water supply. Costs recovered under water service contracts does not include staff time expended by the department onrecovered under water service contracts does not include staff time expended by the department on developing the water supply. With the applicant's concurrence, the department may receive powerdeveloping the water supply. With the applicant's concurrence, the department may receive power revenue generated by the water supply developed by the department through water service contracts.revenue generated by the water supply developed by the department through water service contracts. The department may deny an application if the applicant does not enter into a water service contract.The department may deny an application if the applicant does not enter into a water service contract. Revenue collected from water service contracts must be deposited into the Columbia river basin waterRevenue collected from water service contracts must be deposited into the Columbia river basin water supply revenue recovery account created in RCW supply revenue recovery account created in RCW 90.90.10090.90.100. The department may adopt rules. The department may adopt rules describing the methodology as to how charges will be established and direct costs recovered for waterdescribing the methodology as to how charges will be established and direct costs recovered for water supply developed under the Columbia river basin water supply program. Water service contracts withsupply developed under the Columbia river basin water supply program. Water service contracts with federal agencies under RCW federal agencies under RCW 90.42.15090.42.150 are not required to be established by rule. are not required to be established by rule. (7) Moneys in the Columbia river basin water supply development account created in this section(7) Moneys in the Columbia river basin water supply development account created in this section may be spent only after appropriation.may be spent only after appropriation. (8) Interest earned by deposits in the account will be retained in the account.(8) Interest earned by deposits in the account will be retained in the account. [ [ 2011 c 83 § 1;2011 c 83 § 1; 2006 c 6 § 2.2006 c 6 § 2.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.42.150 http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1803-S2.SL.pdf?cite=2011%20c%2083%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%202. 90.90.02090.90.020 Allocation and development of water supplies.Allocation and development of water supplies. (1)(a) Water supplies secured through the development of new storage facilities made possible(1)(a) Water supplies secured through the development of new storage facilities made possible with funding from the Columbia river basin water supply development account, the Columbia river basinwith funding from the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, and the Columbia river basin water supply revenuetaxable bond water supply development account, and the Columbia river basin water supply revenue recovery account shall be allocated as follows:recovery account shall be allocated as follows: (i) Two­thirds of active storage shall be available for appropriation for out­of­stream uses; and(i) Two­thirds of active storage shall be available for appropriation for out­of­stream uses; and (ii) One­third of active storage shall be available to augment instream flows and shall be managed(ii) One­third of active storage shall be available to augment instream flows and shall be managed by the department of ecology. The timing of releases of this water shall be determined by the departmentby the department of ecology. The timing of releases of this water shall be determined by the department of ecology, in cooperation with the department of fish and wildlife and fisheries comanagers, to maximizeof ecology, in cooperation with the department of fish and wildlife and fisheries comanagers, to maximize benefits to salmon and steelhead populations.benefits to salmon and steelhead populations. (b) Water available for appropriation under (a)(i) of this subsection but not yet appropriated shall(b) Water available for appropriation under (a)(i) of this subsection but not yet appropriated shall be temporarily available to augment instream flows to the extent that it does not impair existing waterbe temporarily available to augment instream flows to the extent that it does not impair existing water rights.rights. (2) Water developed under the provisions of this section to offset out­of­stream uses and for(2) Water developed under the provisions of this section to offset out­of­stream uses and for instream flows is deemed adequate mitigation for the issuance of new water rights provided for ininstream flows is deemed adequate mitigation for the issuance of new water rights provided for in subsection (1)(a) of this section and satisfies all consultation requirements under state law related to thesubsection (1)(a) of this section and satisfies all consultation requirements under state law related to the issuance of new water rights.issuance of new water rights. (3) The department of ecology shall focus its efforts to develop water supplies for the Columbia(3) The department of ecology shall focus its efforts to develop water supplies for the Columbia river basin on the following needs:river basin on the following needs: (a) Alternatives to groundwater for agricultural users in the Odessa subarea aquifer;(a) Alternatives to groundwater for agricultural users in the Odessa subarea aquifer; (b) Sources of water supply for pending water right applications;(b) Sources of water supply for pending water right applications; (c) A new uninterruptible supply of water for the holders of interruptible water rights on the(c) A new uninterruptible supply of water for the holders of interruptible water rights on the Columbia river mainstem that are subject to instream flows or other mitigation conditions to protectColumbia river mainstem that are subject to instream flows or other mitigation conditions to protect streamflows; andstreamflows; and (d) New municipal, domestic, industrial, and irrigation water needs within the Columbia river(d) New municipal, domestic, industrial, and irrigation water needs within the Columbia river basin.basin. (4) The one­third/two­thirds allocation of water resources between instream and out­of­stream(4) The one­third/two­thirds allocation of water resources between instream and out­of­stream uses established in this section does not apply to applications for changes or transfers of existing wateruses established in this section does not apply to applications for changes or transfers of existing water rights in the Columbia river basin.rights in the Columbia river basin. [ [ 2011 c 83 § 4;2011 c 83 § 4; 2006 c 6 § 3.2006 c 6 § 3.]] 90.90.03090.90.030 Voluntary regional agreements—Scope and application—Definitions. (Expires JuneVoluntary regional agreements—Scope and application—Definitions. (Expires June 30, 2024.)30, 2024.) (1) The department of ecology may enter into voluntary regional agreements for the purpose of(1) The department of ecology may enter into voluntary regional agreements for the purpose of providing new water for out­of­stream use, streamlining the application process, and protecting instreamproviding new water for out­of­stream use, streamlining the application process, and protecting instream flow.flow. (2) Such agreements shall ensure that:(2) Such agreements shall ensure that: (a) For water rights issued from the Columbia river mainstem, there is no negative impact on(a) For water rights issued from the Columbia river mainstem, there is no negative impact on Columbia river mainstem instream flows in the months of July and August as a result of the newColumbia river mainstem instream flows in the months of July and August as a result of the new appropriations issued under the agreement;appropriations issued under the agreement; http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1803-S2.SL.pdf?cite=2011%20c%2083%20%C2%A7%204; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%203. (b) For water rights issued from the lower Snake river mainstem, there is no negative impact on(b) For water rights issued from the lower Snake river mainstem, there is no negative impact on Snake river mainstem instream flows from April through August as a result of the new appropriationsSnake river mainstem instream flows from April through August as a result of the new appropriations issued under the agreement; andissued under the agreement; and (c) Efforts are made to harmonize such agreements with watershed plans adopted under the(c) Efforts are made to harmonize such agreements with watershed plans adopted under the authority of chapter authority of chapter 90.8290.82 RCW that are applicable to the area covered by the agreement. RCW that are applicable to the area covered by the agreement. (3) The protection of instream flow as set forth in subsection (2) of this section is adequate for(3) The protection of instream flow as set forth in subsection (2) of this section is adequate for purposes of mitigating instream flow impacts resulting from any appropriations for out­of­stream usepurposes of mitigating instream flow impacts resulting from any appropriations for out­of­stream use made under a voluntary regional agreement, and the only applicable consultation provisions under statemade under a voluntary regional agreement, and the only applicable consultation provisions under state law regarding instream flow impacts shall be those set forth in subsection (4) of this section.law regarding instream flow impacts shall be those set forth in subsection (4) of this section. (4) Before executing a voluntary agreement under this section, the department of ecology shall:(4) Before executing a voluntary agreement under this section, the department of ecology shall: (a) Provide a sixty­day period for consultation with county legislative authorities and watershed(a) Provide a sixty­day period for consultation with county legislative authorities and watershed planning groups with jurisdiction over the area where the water rights included in the agreement areplanning groups with jurisdiction over the area where the water rights included in the agreement are located, the department of fish and wildlife, and affected tribal governments, and federal agencies. Thelocated, the department of fish and wildlife, and affected tribal governments, and federal agencies. The department of fish and wildlife shall provide written comments within that time period. The consultationdepartment of fish and wildlife shall provide written comments within that time period. The consultation process for voluntary regional agreements developed under the provisions of this section is deemedprocess for voluntary regional agreements developed under the provisions of this section is deemed adequate for the issuance of new water rights provided for in this section and satisfies all consultationadequate for the issuance of new water rights provided for in this section and satisfies all consultation requirements under state law related to the issuance of new water rights; andrequirements under state law related to the issuance of new water rights; and (b) Provide a thirty­day public review and comment period for a draft agreement, and publish a(b) Provide a thirty­day public review and comment period for a draft agreement, and publish a summary of any public comments received. The thirty­day review period shall not begin until after thesummary of any public comments received. The thirty­day review period shall not begin until after the department of ecology has concluded its consultation under (a) of this subsection and the comments thatdepartment of ecology has concluded its consultation under (a) of this subsection and the comments that have been received by the department are made available to the public.have been received by the department are made available to the public. (5) The provisions of subsection (4) of this section satisfy all applicable consultation requirements(5) The provisions of subsection (4) of this section satisfy all applicable consultation requirements under state law.under state law. (6) The provisions of this section and any voluntary regional agreements developed under such(6) The provisions of this section and any voluntary regional agreements developed under such provisions may not be relied upon by the department of ecology as a precedent, standard, or model thatprovisions may not be relied upon by the department of ecology as a precedent, standard, or model that must be followed in any other voluntary regional agreements.must be followed in any other voluntary regional agreements. (7) Nothing in this section may be interpreted or administered in a manner that precludes the(7) Nothing in this section may be interpreted or administered in a manner that precludes the processing of water right applications under chapter processing of water right applications under chapter 90.0390.03 or or 90.4490.44 RCW that are not included in a RCW that are not included in a voluntary regional agreement.voluntary regional agreement. (8) Nothing in this section may be interpreted or administered in a manner that impairs or(8) Nothing in this section may be interpreted or administered in a manner that impairs or diminishes a valid water right or a habitat conservation plan approved for purposes of compliance withdiminishes a valid water right or a habitat conservation plan approved for purposes of compliance with the federal endangered species act.the federal endangered species act. (9) If the department of ecology executes a voluntary agreement under this section that includes(9) If the department of ecology executes a voluntary agreement under this section that includes water rights appropriated from the lower Snake river mainstem, the department shall develop aggregatewater rights appropriated from the lower Snake river mainstem, the department shall develop aggregate data in accordance with the provisions of RCW data in accordance with the provisions of RCW 90.90.05090.90.050 for the lower Snake river mainstem. for the lower Snake river mainstem. (10) Any agreement entered into under this section shall remain in full force and effect through(10) Any agreement entered into under this section shall remain in full force and effect through the term of the agreement regardless of the expiration of this section.the term of the agreement regardless of the expiration of this section. (11) The definitions in this subsection apply to this section and RCW (11) The definitions in this subsection apply to this section and RCW 90.90.05090.90.050, and may only be, and may only be used for purposes of implementing these sections.used for purposes of implementing these sections. (a) "Columbia river mainstem" means all water in the Columbia river within the ordinary high(a) "Columbia river mainstem" means all water in the Columbia river within the ordinary high water mark of the main channel of the Columbia river between the border of the United States andwater mark of the main channel of the Columbia river between the border of the United States and Canada and the Bonneville dam, and all groundwater within one mile of the high water mark.Canada and the Bonneville dam, and all groundwater within one mile of the high water mark. (b) "Lower Snake river mainstem" means all water in the lower Snake river within the ordinary(b) "Lower Snake river mainstem" means all water in the lower Snake river within the ordinary high water mark of the main channel of the lower Snake river from the head of Ice Harbor pool to thehigh water mark of the main channel of the lower Snake river from the head of Ice Harbor pool to the confluence of the Snake and Columbia rivers, and all groundwater within one mile of the high waterconfluence of the Snake and Columbia rivers, and all groundwater within one mile of the high water mark.mark. (12) This section expires June 30, 2024.(12) This section expires June 30, 2024. [ [ 2018 c 72 § 1;2018 c 72 § 1; 2012 c 161 § 1;2012 c 161 § 1; 2006 c 6 § 4.2006 c 6 § 4.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.82 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6125.SL.pdf?cite=2018%20c%2072%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/2212-S.SL.pdf?cite=2012%20c%20161%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%204. 90.90.04090.90.040 Columbia river water supply inventory—Long­term water supply and demandColumbia river water supply inventory—Long­term water supply and demand forecast.forecast. (1) To support the development of new water supplies in the Columbia river and to protect(1) To support the development of new water supplies in the Columbia river and to protect instream flow, the department of ecology shall work with all interested parties, including interested countyinstream flow, the department of ecology shall work with all interested parties, including interested county legislative authorities and watershed planning groups in the Columbia river basin, and affected triballegislative authorities and watershed planning groups in the Columbia river basin, and affected tribal governments, to develop a Columbia river water supply inventory and a long­term water supply andgovernments, to develop a Columbia river water supply inventory and a long­term water supply and demand forecast. The inventory must include:demand forecast. The inventory must include: (a) A list of conservation projects that have been implemented under this chapter and the amount(a) A list of conservation projects that have been implemented under this chapter and the amount of water conservation they have achieved; andof water conservation they have achieved; and (b) A list of potential water supply and storage projects in the Columbia river basin, including(b) A list of potential water supply and storage projects in the Columbia river basin, including estimates of:estimates of: (i) Cost per acre­foot;(i) Cost per acre­foot; (ii) Benefit to fish and other instream needs;(ii) Benefit to fish and other instream needs; (iii) Benefit to out­of­stream needs; and(iii) Benefit to out­of­stream needs; and (iv) Environmental and cultural impacts.(iv) Environmental and cultural impacts. (2) The department of ecology shall complete the first Columbia river water supply inventory by(2) The department of ecology shall complete the first Columbia river water supply inventory by November 15, 2006, and shall update the inventory annually thereafter.November 15, 2006, and shall update the inventory annually thereafter. (3) The department of ecology shall complete the first Columbia river long­term water supply and(3) The department of ecology shall complete the first Columbia river long­term water supply and demand forecast by November 15, 2006, and shall update the report every five years thereafter.demand forecast by November 15, 2006, and shall update the report every five years thereafter. [ [ 2011 c 83 § 6;2011 c 83 § 6; 2006 c 6 § 5.2006 c 6 § 5.]] 90.90.05090.90.050 Columbia river mainstem water resources information system.Columbia river mainstem water resources information system. (1) In order to better understand current water use and instream flows in the Columbia river(1) In order to better understand current water use and instream flows in the Columbia river mainstem, the department of ecology shall establish and maintain a Columbia river mainstem watermainstem, the department of ecology shall establish and maintain a Columbia river mainstem water resources information system that provides the information necessary for effective mainstem waterresources information system that provides the information necessary for effective mainstem water resource planning and management.resource planning and management. (2) To accomplish the objective in subsection (1) of this section, the department of ecology shall(2) To accomplish the objective in subsection (1) of this section, the department of ecology shall use information compiled by existing local watershed planning groups, federal agencies, the Bonnevilleuse information compiled by existing local watershed planning groups, federal agencies, the Bonneville power administration, irrigation districts, conservation districts in the basin, and other available sources.power administration, irrigation districts, conservation districts in the basin, and other available sources. The information shall include:The information shall include: (a) The total aggregate quantity of water rights issued under state permits and certificates and(a) The total aggregate quantity of water rights issued under state permits and certificates and filed under state claims on the Columbia river mainstem and for groundwater within one mile of thefiled under state claims on the Columbia river mainstem and for groundwater within one mile of the mainstem; andmainstem; and (b) The total aggregate volume of current water use under these rights as metered and reported(b) The total aggregate volume of current water use under these rights as metered and reported by water users under current law.by water users under current law. (3) The department of ecology shall publish the aggregate data on the department's web site no(3) The department of ecology shall publish the aggregate data on the department's web site no later than June 30, 2009, and shall periodically update the data.later than June 30, 2009, and shall periodically update the data. (4) For purposes of this section, the definition of Columbia river mainstem in RCW (4) For purposes of this section, the definition of Columbia river mainstem in RCW 90.90.03090.90.030(11)(11) shall apply and the use of the definition is solely limited to the purpose of collecting data to meet theshall apply and the use of the definition is solely limited to the purpose of collecting data to meet the information requirements of this section.information requirements of this section. [ [ 2018 c 72 § 2;2018 c 72 § 2; 2006 c 6 § 6.2006 c 6 § 6.]] NOTES:NOTES: http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1803-S2.SL.pdf?cite=2011%20c%2083%20%C2%A7%206; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%205. http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6125.SL.pdf?cite=2018%20c%2072%20%C2%A7%202; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%206. 90.90.06090.90.060 Additional releases of water from Lake Roosevelt.Additional releases of water from Lake Roosevelt. (1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource(1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource management in the Columbia river basin. In its enactment, the legislature established that a key prioritymanagement in the Columbia river basin. In its enactment, the legislature established that a key priority of water resource management in the Columbia river basin is the development of new water supplies toof water resource management in the Columbia river basin is the development of new water supplies to meet economic and community development needs concurrent with instream flow needs.meet economic and community development needs concurrent with instream flow needs. (2) Consistent with this intent, the governor and the legislature are in agreement with the(2) Consistent with this intent, the governor and the legislature are in agreement with the Confederated Tribes of the Colville Reservation and the Spokane Tribe of Indians to support additionalConfederated Tribes of the Colville Reservation and the Spokane Tribe of Indians to support additional releases of water from Lake Roosevelt. Because the sovereign and proprietary interests of these tribalreleases of water from Lake Roosevelt. Because the sovereign and proprietary interests of these tribal governments are directly affected by water levels in Lake Roosevelt, the state intends to share a portiongovernments are directly affected by water levels in Lake Roosevelt, the state intends to share a portion of the benefits derived from Lake Roosevelt water releases and to mitigate for any impacts such releasesof the benefits derived from Lake Roosevelt water releases and to mitigate for any impacts such releases may have upon the tribes.may have upon the tribes. (3) These new releases of Lake Roosevelt water of approximately eighty­two thousand five(3) These new releases of Lake Roosevelt water of approximately eighty­two thousand five hundred acre feet of water, increasing to no more than one hundred thirty­two thousand five hundredhundred acre feet of water, increasing to no more than one hundred thirty­two thousand five hundred acre feet of water in drought years, will bolster the state economy and will meet the following criticalacre feet of water in drought years, will bolster the state economy and will meet the following critical needs: New surface water supplies for farmers to replace the use of diminishing groundwater in theneeds: New surface water supplies for farmers to replace the use of diminishing groundwater in the Odessa aquifer; new water supplies for municipalities with pending water right applications; enhancedOdessa aquifer; new water supplies for municipalities with pending water right applications; enhanced certainty for agricultural water users with water rights that are interruptible during times of drought; andcertainty for agricultural water users with water rights that are interruptible during times of drought; and water to increase flows in the river when salmon need it most.water to increase flows in the river when salmon need it most. (4) Nothing in chapter 82, Laws of 2008 expands, impairs, or otherwise affects the existing status(4) Nothing in chapter 82, Laws of 2008 expands, impairs, or otherwise affects the existing status and sovereignty of the tribal governments involved in Lake Roosevelt water releases pursuant to thisand sovereignty of the tribal governments involved in Lake Roosevelt water releases pursuant to this section and RCW section and RCW 90.90.07090.90.070.. [ [ 2008 c 82 § 1.2008 c 82 § 1.]] NOTES:NOTES: Effective dateEffective date——2008 c 82:2008 c 82: "This act takes effect July 1, 2008." [ "This act takes effect July 1, 2008." [ 2008 c 82 § 4.2008 c 82 § 4.]] 90.90.07090.90.070 Columbia river water delivery account—Creation—Distribution.Columbia river water delivery account—Creation—Distribution. (1) The Columbia river water delivery account is created in the state treasury. Moneys in the(1) The Columbia river water delivery account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account consists of all moneys transferred oraccount may be spent only after appropriation. The account consists of all moneys transferred or appropriated to the account by law. The legislature may appropriate moneys in the account:appropriated to the account by law. The legislature may appropriate moneys in the account: (a) For distributions for purposes of RCW (a) For distributions for purposes of RCW 90.90.06090.90.060 as provided in this section; and as provided in this section; and (b) To the department of ecology for other purposes relating to implementation of RCW (b) To the department of ecology for other purposes relating to implementation of RCW 90.90.06090.90.060 and and 90.90.08090.90.080.. (2) On July 1, 2008, and each July 1st thereafter for the duration of the agreements described in(2) On July 1, 2008, and each July 1st thereafter for the duration of the agreements described in RCW RCW 90.90.06090.90.060, the state treasurer shall transfer moneys from the general fund into the Columbia river, the state treasurer shall transfer moneys from the general fund into the Columbia river water delivery account in the amounts described in subsection (3) of this section.water delivery account in the amounts described in subsection (3) of this section. (3) Subject to appropriations, on July 1, 2008, and each July 1st thereafter, the state treasurer(3) Subject to appropriations, on July 1, 2008, and each July 1st thereafter, the state treasurer shall distribute moneys from the Columbia river water delivery account as follows:shall distribute moneys from the Columbia river water delivery account as follows: http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/6874-S2.SL.pdf?cite=2008%20c%2082%20%C2%A7%201. http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/6874-S2.SL.pdf?cite=2008%20c%2082%20%C2%A7%204. (a) To the Confederated Tribes of the Colville Reservation, on July 1, 2008, the sum of three(a) To the Confederated Tribes of the Colville Reservation, on July 1, 2008, the sum of three million seven hundred seventy­five thousand dollars; and on July 1, 2009, the sum of three million sixmillion seven hundred seventy­five thousand dollars; and on July 1, 2009, the sum of three million six hundred twenty­five thousand dollars. Each July 1st thereafter for the duration of the agreement, thehundred twenty­five thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. Thetreasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change on the implicit price deflator forinflation adjustment shall be computed using the percentage change on the implicit price deflator for personal consumption expenditures for the United States for the previous calendar year, as compiled bypersonal consumption expenditures for the United States for the previous calendar year, as compiled by the bureau of economic analysis of the United States department of commerce and reported in the mostthe bureau of economic analysis of the United States department of commerce and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency.recent quarterly publication of the economic and revenue forecast council or successor agency. (b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of two million two hundred fifty(b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of two million two hundred fifty thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distributethousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall bean amount equal to the previous year's distribution adjusted for inflation. The inflation adjustment shall be computed using the percentage change in the consumer price index for the Washington state Seattle­computed using the percentage change in the consumer price index for the Washington state Seattle­ Tacoma­Bremerton consolidated metropolitan statistical area for the previous calendar year as compiledTacoma­Bremerton consolidated metropolitan statistical area for the previous calendar year as compiled by the bureau of labor statistics, United States department of labor, and reported in the most recentby the bureau of labor statistics, United States department of labor, and reported in the most recent quarterly publication of the economic and revenue forecast council or successor agency.quarterly publication of the economic and revenue forecast council or successor agency. (4) The state treasurer may not distribute moneys from the Columbia river water delivery account(4) The state treasurer may not distribute moneys from the Columbia river water delivery account to a tribe pursuant to this section unless the director of ecology has certified in writing to the stateto a tribe pursuant to this section unless the director of ecology has certified in writing to the state treasurer and the legislature that the agreement with the tribes is still in effect.treasurer and the legislature that the agreement with the tribes is still in effect. [ [ 2008 c 82 § 2.2008 c 82 § 2.]] NOTES:NOTES: Effective dateEffective date——2008 c 82:2008 c 82: See note following RCW See note following RCW 90.90.06090.90.060.. 90.90.08090.90.080 Impacts of water release—Department of ecology's duties.Impacts of water release—Department of ecology's duties. (1) Because the potential impacts of water releases under agreements reached under this(1) Because the potential impacts of water releases under agreements reached under this chapter on affected counties are unknown, the department of ecology shall, by November 15, 2009:chapter on affected counties are unknown, the department of ecology shall, by November 15, 2009: (a) Conduct an assessment of the potential impacts, including recommendations for mitigation,(a) Conduct an assessment of the potential impacts, including recommendations for mitigation, and report to [the] appropriate committees of the legislature; andand report to [the] appropriate committees of the legislature; and (b) Establish a process for identifying and reporting on future impacts on the affected counties,(b) Establish a process for identifying and reporting on future impacts on the affected counties, and for making recommendations for mitigation.and for making recommendations for mitigation. (2) Within the framework of Columbia river basin water resources management under this(2) Within the framework of Columbia river basin water resources management under this chapter, the department of ecology shall:chapter, the department of ecology shall: (a) Provide technical assistance to help affected counties identify and develop competitive project(a) Provide technical assistance to help affected counties identify and develop competitive project applications to benefit both instream and out­of­stream uses;applications to benefit both instream and out­of­stream uses; (b) Assist affected counties in exploring options to ensure water resources are available for their(b) Assist affected counties in exploring options to ensure water resources are available for their current and future needs. Such options include pursuing a memorandum of understanding with thecurrent and future needs. Such options include pursuing a memorandum of understanding with the affected counties that is consistent with RCW affected counties that is consistent with RCW 90.90.00590.90.005 to effectuate the purposes of this section. The to effectuate the purposes of this section. The memorandum of understanding shall be available for public comment for a period of thirty days beforememorandum of understanding shall be available for public comment for a period of thirty days before being signed by the department; andbeing signed by the department; and (c) Consider regional equity when making funding decisions on water supply applications.(c) Consider regional equity when making funding decisions on water supply applications. (3) As used in this section, "affected counties" means those counties east of the crest of the(3) As used in this section, "affected counties" means those counties east of the crest of the Cascade mountains with an international border, or those counties east of the crest of the CascadeCascade mountains with an international border, or those counties east of the crest of the Cascade mountains that border both a county with an international border and a county with four hundredmountains that border both a county with an international border and a county with four hundred thousand or more residents.thousand or more residents. http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/6874-S2.SL.pdf?cite=2008%20c%2082%20%C2%A7%202. [ [ 2008 c 82 § 3.2008 c 82 § 3.]] NOTES:NOTES: Effective dateEffective date——2008 c 82:2008 c 82: See note following RCW See note following RCW 90.90.06090.90.060.. 90.90.09090.90.090 Columbia river basin taxable bond water supply development account—WaterColumbia river basin taxable bond water supply development account—Water service contracts.service contracts. (1) The Columbia river basin taxable bond water supply development account is created in the(1) The Columbia river basin taxable bond water supply development account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the accountstate treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to RCW pursuant to RCW 90.90.02090.90.020 and and 90.90.03090.90.030, or moneys directed to the account from any other sources, or moneys directed to the account from any other sources must be deposited in the account. Moneys in the account may be spent only after appropriation. Themust be deposited in the account. Moneys in the account may be spent only after appropriation. The account is intended to fund projects using taxable bonds. Expenditures from the account may be usedaccount is intended to fund projects using taxable bonds. Expenditures from the account may be used only as provided in this section.only as provided in this section. (2)(a) Expenditures from the Columbia river basin taxable bond water supply development(2)(a) Expenditures from the Columbia river basin taxable bond water supply development account may be used to assess, plan, and develop new storage, improve or alter operations of existingaccount may be used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities, implement conservation projects, develop pump exchanges, or any other actionsstorage facilities, implement conservation projects, develop pump exchanges, or any other actions designed to provide access to new water supplies within the Columbia river basin for both instream anddesigned to provide access to new water supplies within the Columbia river basin for both instream and out­of­stream uses. Except for the development of new storage projects and pump exchanges, thereout­of­stream uses. Except for the development of new storage projects and pump exchanges, there may be no expenditures from the account for water acquisition or transfers from one water resourcemay be no expenditures from the account for water acquisition or transfers from one water resource inventory area to another without specific legislative authority. For the purposes of this section, the terminventory area to another without specific legislative authority. For the purposes of this section, the term "pump exchanges" means water supply development projects that exchange water from one source to"pump exchanges" means water supply development projects that exchange water from one source to another or relocate an existing diversion downstream, with resulting instream benefit.another or relocate an existing diversion downstream, with resulting instream benefit. (b) Two­thirds of the moneys placed in the account must be used to support the development of(b) Two­thirds of the moneys placed in the account must be used to support the development of new storage facilities and pump exchanges; the remaining one­third of the moneys must be used for thenew storage facilities and pump exchanges; the remaining one­third of the moneys must be used for the other purposes listed in this section.other purposes listed in this section. (3)(a) Funds may not be expended from the account for the construction of a new storage facility(3)(a) Funds may not be expended from the account for the construction of a new storage facility until the department of ecology evaluates the following:until the department of ecology evaluates the following: (i) Water uses to be served by the facility;(i) Water uses to be served by the facility; (ii) The quantity of water necessary to meet those uses;(ii) The quantity of water necessary to meet those uses; (iii) The benefits and costs to the state of meeting those uses, including short­term and long­term(iii) The benefits and costs to the state of meeting those uses, including short­term and long­term economic, cultural, and environmental effects; andeconomic, cultural, and environmental effects; and (iv) Alternative means of supplying water to meet those uses, including the costs of those(iv) Alternative means of supplying water to meet those uses, including the costs of those alternatives and an analysis of the extent to which long­term water supply needs can be met using thesealternatives and an analysis of the extent to which long­term water supply needs can be met using these alternatives.alternatives. (b) The department of ecology may rely on studies and information developed through(b) The department of ecology may rely on studies and information developed through compliance with other state and federal permit requirements and other sources. The department shallcompliance with other state and federal permit requirements and other sources. The department shall compile its findings and conclusions, and provide a summary of the information it reviewed.compile its findings and conclusions, and provide a summary of the information it reviewed. (c) Before finalizing its evaluation under the provisions of this section, the department of ecology(c) Before finalizing its evaluation under the provisions of this section, the department of ecology shall make the preliminary evaluation available to the public. Public comment may be made to theshall make the preliminary evaluation available to the public. Public comment may be made to the department within thirty days of the date the preliminary evaluation is made public.department within thirty days of the date the preliminary evaluation is made public. (4) Net water savings achieved through conservation measures funded by the account shall be(4) Net water savings achieved through conservation measures funded by the account shall be placed in trust in proportion to the state funding provided to implement a project.placed in trust in proportion to the state funding provided to implement a project. (5) Net water savings achieved through conservation measures funded by the account developed(5) Net water savings achieved through conservation measures funded by the account developed within the boundaries of the federal Columbia river reclamation project and directed to the Odessawithin the boundaries of the federal Columbia river reclamation project and directed to the Odessa http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/6874-S2.SL.pdf?cite=2008%20c%2082%20%C2%A7%203. subarea to reduce the use of groundwater for existing irrigation is exempt from the provisions ofsubarea to reduce the use of groundwater for existing irrigation is exempt from the provisions of subsection (4) of this section.subsection (4) of this section. (6) The department of ecology may enter into water service contracts with applicants receiving(6) The department of ecology may enter into water service contracts with applicants receiving water from the program to recover all or a portion of the cost of developing the water supply. Costswater from the program to recover all or a portion of the cost of developing the water supply. Costs recovered under water service contracts does not include staff time expended by the department onrecovered under water service contracts does not include staff time expended by the department on developing the water supply. With the applicant's concurrence, the department may receive powerdeveloping the water supply. With the applicant's concurrence, the department may receive power revenue generated by the water supply developed by the department through water service contracts.revenue generated by the water supply developed by the department through water service contracts. The department may deny an application if the applicant does not enter into a water service contract.The department may deny an application if the applicant does not enter into a water service contract. Revenue collected from water service contracts must be deposited into the Columbia river basin waterRevenue collected from water service contracts must be deposited into the Columbia river basin water supply revenue recovery account created in RCW supply revenue recovery account created in RCW 90.90.10090.90.100. The department may adopt rules. The department may adopt rules describing the methodology as to how charges will be established and direct costs recovered for waterdescribing the methodology as to how charges will be established and direct costs recovered for water supply developed under the Columbia river basin water supply program. Water service contracts withsupply developed under the Columbia river basin water supply program. Water service contracts with federal agencies under RCW federal agencies under RCW 90.42.15090.42.150 are not required to be established by rule. are not required to be established by rule. (7) Interest earned by deposits in the account will be retained in the account.(7) Interest earned by deposits in the account will be retained in the account. [ [ 2011 c 83 § 2.2011 c 83 § 2.]] 90.90.10090.90.100 Columbia river basin water supply revenue recovery account—Water serviceColumbia river basin water supply revenue recovery account—Water service contracts.contracts. (1) The Columbia river basin water supply revenue recovery account is created in the state(1) The Columbia river basin water supply revenue recovery account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the accounttreasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to RCW pursuant to RCW 90.90.02090.90.020 and and 90.90.03090.90.030, revenue from water service contracts described in this, revenue from water service contracts described in this chapter, or moneys directed into the account from any other sources must be deposited in the account.chapter, or moneys directed into the account from any other sources must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may beMoneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provided in this section.used only as provided in this section. (2)(a) Expenditures from the Columbia river basin water supply revenue recovery account may be(2)(a) Expenditures from the Columbia river basin water supply revenue recovery account may be used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities,used to assess, plan, and develop new storage, improve or alter operations of existing storage facilities, implement conservation projects, develop pump exchanges, or any other actions designed to provideimplement conservation projects, develop pump exchanges, or any other actions designed to provide access to new water supplies within the Columbia river basin for both instream and out­of­stream uses.access to new water supplies within the Columbia river basin for both instream and out­of­stream uses. Except for the development of new storage projects and pump exchanges, there may be no expendituresExcept for the development of new storage projects and pump exchanges, there may be no expenditures from the account for water acquisition or transfers from one water resource inventory area to anotherfrom the account for water acquisition or transfers from one water resource inventory area to another without specific legislative authority. For the purposes of this section, the term "pump exchanges" meanswithout specific legislative authority. For the purposes of this section, the term "pump exchanges" means water supply development projects that exchange water from one source to another or relocate anwater supply development projects that exchange water from one source to another or relocate an existing diversion downstream, with resulting instream benefit.existing diversion downstream, with resulting instream benefit. (b) Two­thirds of the moneys placed in the account must be used to support the development of(b) Two­thirds of the moneys placed in the account must be used to support the development of new storage facilities and pump exchanges; the remaining one­third of the moneys must be used for thenew storage facilities and pump exchanges; the remaining one­third of the moneys must be used for the other purposes listed in this section.other purposes listed in this section. (3)(a) Funds may not be expended from the account for the construction of a new storage facility(3)(a) Funds may not be expended from the account for the construction of a new storage facility until the department of ecology evaluates the following:until the department of ecology evaluates the following: (i) Water uses to be served by the facility;(i) Water uses to be served by the facility; (ii) The quantity of water necessary to meet those uses;(ii) The quantity of water necessary to meet those uses; (iii) The benefits and costs to the state of meeting those uses, including short­term and long­term(iii) The benefits and costs to the state of meeting those uses, including short­term and long­term economic, cultural, and environmental effects; andeconomic, cultural, and environmental effects; and (iv) Alternative means of supplying water to meet those uses, including the costs of those(iv) Alternative means of supplying water to meet those uses, including the costs of those alternatives and an analysis of the extent to which long­term water supply needs can be met using thesealternatives and an analysis of the extent to which long­term water supply needs can be met using these alternatives.alternatives. http://app.leg.wa.gov/RCW/default.aspx?cite=90.42.150 http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1803-S2.SL.pdf?cite=2011%20c%2083%20%C2%A7%202. (b) The department of ecology may rely on studies and information developed through(b) The department of ecology may rely on studies and information developed through compliance with other state and federal permit requirements and other sources. The department shallcompliance with other state and federal permit requirements and other sources. The department shall compile its findings and conclusions, and provide a summary of the information it reviewed.compile its findings and conclusions, and provide a summary of the information it reviewed. (c) Before finalizing its evaluation under the provisions of this section, the department of ecology(c) Before finalizing its evaluation under the provisions of this section, the department of ecology shall make the preliminary evaluation available to the public. Public comment may be made to theshall make the preliminary evaluation available to the public. Public comment may be made to the department within thirty days of the date the preliminary evaluation is made public.department within thirty days of the date the preliminary evaluation is made public. (4) Net water savings achieved through conservation measures funded by the account shall be(4) Net water savings achieved through conservation measures funded by the account shall be placed in trust in proportion to the state funding provided to implement a project.placed in trust in proportion to the state funding provided to implement a project. (5) Net water savings achieved through conservation measures funded by the account developed(5) Net water savings achieved through conservation measures funded by the account developed within the boundaries of the federal Columbia river reclamation project and directed to the Odessawithin the boundaries of the federal Columbia river reclamation project and directed to the Odessa subarea to reduce the use of groundwater for existing irrigation is exempt from the provisions ofsubarea to reduce the use of groundwater for existing irrigation is exempt from the provisions of subsection (4) of this section.subsection (4) of this section. (6) The department of ecology may enter into water service contracts with applicants receiving(6) The department of ecology may enter into water service contracts with applicants receiving water from the program to recover all or a portion of the cost of developing the water supply. Costswater from the program to recover all or a portion of the cost of developing the water supply. Costs recovered under water service contracts does not include staff time expended by the department onrecovered under water service contracts does not include staff time expended by the department on developing the water supply. With the applicant's concurrence, the department may receive powerdeveloping the water supply. With the applicant's concurrence, the department may receive power revenue generated by the water supply developed by the department through water service contracts.revenue generated by the water supply developed by the department through water service contracts. The department may deny an application if the applicant does not enter into a water service contract.The department may deny an application if the applicant does not enter into a water service contract. Revenue collected from water service contracts must be deposited into the Columbia river basin waterRevenue collected from water service contracts must be deposited into the Columbia river basin water supply revenue recovery account created in this section. The department may adopt rules describing thesupply revenue recovery account created in this section. The department may adopt rules describing the methodology as to how charges will be established and direct costs recovered for water supplymethodology as to how charges will be established and direct costs recovered for water supply developed under the Columbia river basin water supply program. Water service contracts with federaldeveloped under the Columbia river basin water supply program. Water service contracts with federal agencies under RCW agencies under RCW 90.42.15090.42.150 are not required to be established by rule. are not required to be established by rule. (7) Interest earned by deposits in the account will be retained in the account.(7) Interest earned by deposits in the account will be retained in the account. [ [ 2011 c 83 § 3.2011 c 83 § 3.]] 90.90.11090.90.110 Use of certain water made available through reoperation of Sullivan lake.Use of certain water made available through reoperation of Sullivan lake. Two­thirds of the water made available through reoperation of Sullivan lake funded from theTwo­thirds of the water made available through reoperation of Sullivan lake funded from the Columbia river basin water supply development account created in RCW Columbia river basin water supply development account created in RCW 90.90.01090.90.010 must be used to must be used to supply or offset out­of­stream uses described in RCW supply or offset out­of­stream uses described in RCW 90.90.02090.90.020(3) in Douglas, Ferry, Lincoln,(3) in Douglas, Ferry, Lincoln, Okanogan, Pend Oreille, and Stevens counties. At least one­half of this quantity must be made availableOkanogan, Pend Oreille, and Stevens counties. At least one­half of this quantity must be made available for municipal, domestic, and industrial uses.for municipal, domestic, and industrial uses. [ [ 2011 c 83 § 5.2011 c 83 § 5.]] 90.90.90090.90.900 Effective date—2006 c 6.Effective date—2006 c 6. This act takes effect July 1, 2006.This act takes effect July 1, 2006. [ [ 2006 c 6 § 10.2006 c 6 § 10.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.42.150 http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1803-S2.SL.pdf?cite=2011%20c%2083%20%C2%A7%203. http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1803-S2.SL.pdf?cite=2011%20c%2083%20%C2%A7%205. http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2860-S2.SL.pdf?cite=2006%20c%206%20%C2%A7%2010.