Pilot Local Water Management Program (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.92)

Chapter Chapter 90.9290.92 RCW RCW Chapter ListingChapter Listing PILOT LOCAL WATER MANAGEMENT PROGRAMPILOT LOCAL WATER MANAGEMENT PROGRAM SectionsSections 90.92.01090.92.010 Findings.Findings. 90.92.02090.92.020 Definitions.Definitions. 90.92.03090.92.030 Establishing a water management board.Establishing a water management board. 90.92.04090.92.040 Composition of boardComposition of board——Members' termsMembers' terms——Policy advisory groupPolicy advisory group——Conflicts of interest.Conflicts of interest. 90.92.05090.92.050 Board's authorities, duties, and responsibilities.Board's authorities, duties, and responsibilities. 90.92.06090.92.060 Report to the legislature.Report to the legislature. 90.92.07090.92.070 Water banking.Water banking. 90.92.08090.92.080 Local water planLocal water plan——Board to adopt guidelines and criteria for filing, review, andBoard to adopt guidelines and criteria for filing, review, and approvalapproval——Annual reportsAnnual reports——Term.Term. 90.92.09090.92.090 Local water planLocal water plan——Public notice periodPublic notice period——Other requirements.Other requirements. 90.92.10090.92.100 AppealAppeal——Review of a claim of impairment.Review of a claim of impairment. 90.92.11090.92.110 Local water planLocal water plan——ExpirationExpiration——Making elements of the local water plan permanent.Making elements of the local water plan permanent. 90.92.12090.92.120 Local water planLocal water plan——Status of water rights.Status of water rights. 90.92.13090.92.130 Location of pilot program.Location of pilot program. 90.92.01090.92.010 Findings. (Expires June 30, 2019.)Findings. (Expires June 30, 2019.) *** CHANGE IN 2019 *** (SEE 5352­S2.SL) ****** CHANGE IN 2019 *** (SEE 5352­S2.SL) *** The legislature finds that the Walla Walla watershed community faces substantial challenges inThe legislature finds that the Walla Walla watershed community faces substantial challenges in planning for future water use and meeting the needs of fish, farms, and people. The legislature furtherplanning for future water use and meeting the needs of fish, farms, and people. The legislature further finds that the participants in the Walla Walla watershed planning group have demonstrated exceptionalfinds that the participants in the Walla Walla watershed planning group have demonstrated exceptional cooperation in developing an innovative water management concept that enhances flexibility in water usecooperation in developing an innovative water management concept that enhances flexibility in water use while protecting ecological functions. The legislature also recognizes the significant contribution ofwhile protecting ecological functions. The legislature also recognizes the significant contribution of representative William Grant's leadership in the creation of a Walla Walla pilot design to authorize localrepresentative William Grant's leadership in the creation of a Walla Walla pilot design to authorize local water management activity.water management activity. [ [ 2009 c 183 § 1.2009 c 183 § 1.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: "This act expires June 30, 2019." [ "This act expires June 30, 2019." [ 2009 c 183 § 20.2009 c 183 § 20.]] 90.92.02090.92.020 Definitions. (Expires June 30, 2019.)Definitions. (Expires June 30, 2019.) http://app.leg.wa.gov/RCW/default.aspx?cite=90.92 https://app.leg.wa.gov/RCW/default.aspx?cite=90.92 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%201. http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%2020. The definitions in this section apply throughout this chapter unless the context clearly requiresThe definitions in this section apply throughout this chapter unless the context clearly requires otherwise.otherwise. (1) "Basin" means the WRIA where the planning area is located.(1) "Basin" means the WRIA where the planning area is located. (2) "Board" means a water management board created under this chapter.(2) "Board" means a water management board created under this chapter. (3) "Department" means the department of ecology.(3) "Department" means the department of ecology. (4) "Director" means the director of the department of ecology.(4) "Director" means the director of the department of ecology. (5) "Initiating entities" means the county boards of commissioners within the planning area, the(5) "Initiating entities" means the county boards of commissioners within the planning area, the city council of the largest Washington city in the planning area, the largest water user in the planningcity council of the largest Washington city in the planning area, the largest water user in the planning area, and all affected federally recognized tribes within the planning area.area, and all affected federally recognized tribes within the planning area. (6) "Instream flow" means a minimum flow under chapter (6) "Instream flow" means a minimum flow under chapter 90.0390.03 or or 90.2290.22 RCW or a base flow RCW or a base flow under chapter under chapter 90.5490.54 RCW that has been set by rule. RCW that has been set by rule. (7) "Local water management program" means the water banking mechanism, any local water(7) "Local water management program" means the water banking mechanism, any local water plans authorized by the board, and any other activities authorized by RCW plans authorized by the board, and any other activities authorized by RCW 90.92.05090.92.050.. (8) "Local water plan" means a voluntary water management plan developed by local water rights(8) "Local water plan" means a voluntary water management plan developed by local water rights holders within the planning area to manage their water use in a manner that enhances streamflows inholders within the planning area to manage their water use in a manner that enhances streamflows in exchange for greater flexibility in exercising the water rights.exchange for greater flexibility in exercising the water rights. (9) "Planning area" means the entirety or a subsection of a single or multiple WRIA as identified in(9) "Planning area" means the entirety or a subsection of a single or multiple WRIA as identified in the creation of a board under this chapter.the creation of a board under this chapter. (10) "Trust water right" means any water right acquired by the state under chapter (10) "Trust water right" means any water right acquired by the state under chapter 90.4290.42 RCW for RCW for management in the state's [trust] water rights program.management in the state's [trust] water rights program. (11) "Watershed plan" means a plan adopted under chapter (11) "Watershed plan" means a plan adopted under chapter 90.8290.82 RCW. RCW. (12) "WRIA" means a water resource inventory area established in chapter 173­500 WAC as it(12) "WRIA" means a water resource inventory area established in chapter 173­500 WAC as it existed on January 1, 1997.existed on January 1, 1997. [ [ 2009 c 183 § 2.2009 c 183 § 2.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.03090.92.030 Establishing a water management board. (Expires June 30, 2019.)Establishing a water management board. (Expires June 30, 2019.) (1) Initiating entities may collectively petition the department in order to establish a water(1) Initiating entities may collectively petition the department in order to establish a water management board.management board. (2) The department, in consultation with the initiating entities, may create a board if:(2) The department, in consultation with the initiating entities, may create a board if: (a) The initiating entities demonstrate to the department that the following criteria are satisfied:(a) The initiating entities demonstrate to the department that the following criteria are satisfied: (i) Community support for the development of a local watershed management plan, including the(i) Community support for the development of a local watershed management plan, including the affected federally recognized tribes, local governments, and general community support;affected federally recognized tribes, local governments, and general community support; (ii) There is commitment on the part of the initiating entities and the affected community to(ii) There is commitment on the part of the initiating entities and the affected community to enhance streamflows for fish; andenhance streamflows for fish; and (iii) An adequate monitoring network is in place, as determined by the department;(iii) An adequate monitoring network is in place, as determined by the department; (b) The department determines the following:(b) The department determines the following: (i) An instream flow rule for the WRIA or WRIAs in the planning area has been adopted since(i) An instream flow rule for the WRIA or WRIAs in the planning area has been adopted since 1998;1998; (ii) The planning area is located within one of the sixteen fish­critical basins designated by the(ii) The planning area is located within one of the sixteen fish­critical basins designated by the department in its March 2003 "Washington Water Acquisition Program" report and demonstrates adepartment in its March 2003 "Washington Water Acquisition Program" report and demonstrates a significant history of severely impaired flows; andsignificant history of severely impaired flows; and http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://app.leg.wa.gov/RCW/default.aspx?cite=90.22 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 http://app.leg.wa.gov/RCW/default.aspx?cite=90.82 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%202. (iii) The watershed planning unit has completed a watershed implementation plan adopted under(iii) The watershed planning unit has completed a watershed implementation plan adopted under chapter chapter 90.8290.82 RCW and salmon recovery implementation plan adopted under chapter RCW and salmon recovery implementation plan adopted under chapter 77.8577.85 RCW. RCW. (3) The department, in determining whether to create a board, must give strong consideration to(3) The department, in determining whether to create a board, must give strong consideration to basins that have completed a judicial proceeding to adjudicate water rights under chapter basins that have completed a judicial proceeding to adjudicate water rights under chapter 90.0390.03 RCW. RCW. [ [ 2009 c 183 § 3.2009 c 183 § 3.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.04090.92.040 Composition of board—Members' terms—Policy advisory group—Conflicts ofComposition of board—Members' terms—Policy advisory group—Conflicts of interest. (Expires June 30, 2019.)interest. (Expires June 30, 2019.) (1)(a) Each board must be composed of the following members:(1)(a) Each board must be composed of the following members: (i) All affected federally recognized tribes within the planning area will be invited to participate and(i) All affected federally recognized tribes within the planning area will be invited to participate and may appoint one member each;may appoint one member each; (ii) The following entities must each appoint one member:(ii) The following entities must each appoint one member: (A) Each county board of commissioners within the planning area;(A) Each county board of commissioners within the planning area; (B) The city council of the largest Washington city in the planning area; and(B) The city council of the largest Washington city in the planning area; and (C) The board of directors of the entity or the person who uses the greatest quantity of water in(C) The board of directors of the entity or the person who uses the greatest quantity of water in the planning area;the planning area; (iii) The conservation districts' board of supervisors in the planning area must jointly appoint one(iii) The conservation districts' board of supervisors in the planning area must jointly appoint one member; andmember; and (iv) The members under (a)(i) through (iii) of this subsection must appoint the remaining three(iv) The members under (a)(i) through (iii) of this subsection must appoint the remaining three members of the board. These three members must be residents of the planning area. One member mustmembers of the board. These three members must be residents of the planning area. One member must be a planning area water rights holder. One member must represent environmental interests in thebe a planning area water rights holder. One member must represent environmental interests in the planning area. One member must be a citizen at large.planning area. One member must be a citizen at large. (b) If for any reason one of the required governments or entities to be represented on the board(b) If for any reason one of the required governments or entities to be represented on the board declines to participate, the remaining board members may invite another local government within thedeclines to participate, the remaining board members may invite another local government within the planning area to join the board.planning area to join the board. (2) Each member of the board serves a two­year term and may be reappointed for an additional(2) Each member of the board serves a two­year term and may be reappointed for an additional term. Members may continue to serve on the board until a new appointment is made.term. Members may continue to serve on the board until a new appointment is made. (3) The board must create a policy advisory group and a water resource panel.(3) The board must create a policy advisory group and a water resource panel. (a) For the policy advisory group, the board must invite participation from the department and the(a) For the policy advisory group, the board must invite participation from the department and the department of fish and wildlife, other affected state agencies, and other interests as appropriate. Thedepartment of fish and wildlife, other affected state agencies, and other interests as appropriate. The board may also appoint members from local government agencies, academia, watershed and salmonboard may also appoint members from local government agencies, academia, watershed and salmon recovery entities, businesses, and agricultural and environmental organizations as the board deemsrecovery entities, businesses, and agricultural and environmental organizations as the board deems appropriate.appropriate. (b) The policy advisory group must assist and advise the board in coordinating and developing(b) The policy advisory group must assist and advise the board in coordinating and developing water resource­related programs, planning, and activities within the planning area, including thewater resource­related programs, planning, and activities within the planning area, including the coordination of efforts with all jurisdictions of the planning area and development of the board's strategiccoordination of efforts with all jurisdictions of the planning area and development of the board's strategic actions.actions. (c) For the water resource panel, the board must appoint members to the water resource panel(c) For the water resource panel, the board must appoint members to the water resource panel who have expertise and understanding regarding surface water and groundwater monitoring andwho have expertise and understanding regarding surface water and groundwater monitoring and hydrological analysis, irrigation management and engineering, water rights, and fisheries habitat andhydrological analysis, irrigation management and engineering, water rights, and fisheries habitat and http://app.leg.wa.gov/RCW/default.aspx?cite=90.82 http://app.leg.wa.gov/RCW/default.aspx?cite=77.85 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%203. economic development. The board must invite participation from the department and the department ofeconomic development. The board must invite participation from the department and the department of fish and wildlife.fish and wildlife. (d) The water resource panel must provide technical assistance for the development of the local(d) The water resource panel must provide technical assistance for the development of the local water plans and provide advice to the board on the criteria for establishment of local water plans and thewater plans and provide advice to the board on the criteria for establishment of local water plans and the approval, denial, or modification of the local water plans.approval, denial, or modification of the local water plans. (4) A board member, employee, or contractor may not engage in any act that is in conflict with the(4) A board member, employee, or contractor may not engage in any act that is in conflict with the proper discharge of their official duties. Such conflicts of interest include, but are not limited to, holding aproper discharge of their official duties. Such conflicts of interest include, but are not limited to, holding a financial interest in a matter before the board.financial interest in a matter before the board. [ [ 2009 c 183 § 4.2009 c 183 § 4.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.05090.92.050 Board's authorities, duties, and responsibilities. (Expires June 30, 2019.)Board's authorities, duties, and responsibilities. (Expires June 30, 2019.) *** CHANGE IN 2019 *** (SEE 5352­S2.SL) ****** CHANGE IN 2019 *** (SEE 5352­S2.SL) *** (1) The board has the following authority, duties, and responsibilities:(1) The board has the following authority, duties, and responsibilities: (a) Assume the duties, responsibilities, and all current activities of the watershed planning unit(a) Assume the duties, responsibilities, and all current activities of the watershed planning unit and the initiating governments authorized in RCW and the initiating governments authorized in RCW 90.82.04090.82.040;; (b) Develop strategic actions for the planning area by building on the watershed plan;(b) Develop strategic actions for the planning area by building on the watershed plan; (c) Adopt and revise criteria, guidance, and processes to effectuate the purpose of this chapter;(c) Adopt and revise criteria, guidance, and processes to effectuate the purpose of this chapter; (d) Administer the local water plan process;(d) Administer the local water plan process; (e) Oversee local water plan implementation;(e) Oversee local water plan implementation; (f) Manage banked water as authorized under this chapter;(f) Manage banked water as authorized under this chapter; (g) Acquire water rights by donation, purchase, or lease;(g) Acquire water rights by donation, purchase, or lease; (h) Participate in local, state, tribal, federal, and multistate basin water planning initiatives and(h) Participate in local, state, tribal, federal, and multistate basin water planning initiatives and programs; andprograms; and (i) Enter into agreements with water rights holders to not divert water that becomes available as a(i) Enter into agreements with water rights holders to not divert water that becomes available as a result of local water plans, water banking activities, or other programs and projects endorsed by theresult of local water plans, water banking activities, or other programs and projects endorsed by the board and the department.board and the department. (2) The board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal(2) The board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property, including water rights, or any interest in water rights, enter into and perform all necessaryproperty, including water rights, or any interest in water rights, enter into and perform all necessary contracts, appoint and employ necessary agents and employees, including an executive director and fixcontracts, appoint and employ necessary agents and employees, including an executive director and fix their compensation, employ contractors including contracts for professional services, and do all lawfultheir compensation, employ contractors including contracts for professional services, and do all lawful acts required and expedient to carry out the purposes of this chapter.acts required and expedient to carry out the purposes of this chapter. (3) The board constitutes an independently funded entity, and may provide for its own funding as(3) The board constitutes an independently funded entity, and may provide for its own funding as determined by the board. The board may solicit and accept grants, loans, and donations and may adoptdetermined by the board. The board may solicit and accept grants, loans, and donations and may adopt fees for services it provides. The board may not impose taxes or acquire property, including water rights,fees for services it provides. The board may not impose taxes or acquire property, including water rights, by the exercise of eminent domain. The board may distribute available funds as grants or loans to localby the exercise of eminent domain. The board may distribute available funds as grants or loans to local water plans or other water initiatives and projects that will further the goals of the board.water plans or other water initiatives and projects that will further the goals of the board. (4) The ability of the board to fully meet its duties under this chapter is dependent on the level of(4) The ability of the board to fully meet its duties under this chapter is dependent on the level of funding available to the board. If sufficient funding is not available to the board to carry out its duties, thefunding available to the board. If sufficient funding is not available to the board to carry out its duties, the board may, in consultation with the department, establish a plan that determines and sets priorities forboard may, in consultation with the department, establish a plan that determines and sets priorities for implementation of the board's duties.implementation of the board's duties. http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%204. http://app.leg.wa.gov/RCW/default.aspx?cite=90.82.040 (5) The board, and its members and staff, acting in their official capacities, are immune from(5) The board, and its members and staff, acting in their official capacities, are immune from liability and are not subject to any cause of action or claim for damages arising from acts or omissionsliability and are not subject to any cause of action or claim for damages arising from acts or omissions engaged in under this chapter.engaged in under this chapter. (6) Upon the creation of the board, and for the duration of the board, the existing planning unit for(6) Upon the creation of the board, and for the duration of the board, the existing planning unit for the planning area, established under RCW the planning area, established under RCW 90.82.04090.82.040, is dissolved and all assets, funds, files, planning, is dissolved and all assets, funds, files, planning documents, pending plans and grant applications, and other current activities of the planning unit aredocuments, pending plans and grant applications, and other current activities of the planning unit are transferred to the board.transferred to the board. [ [ 2009 c 183 § 5.2009 c 183 § 5.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.06090.92.060 Report to the legislature. (Expires June 30, 2019.)Report to the legislature. (Expires June 30, 2019.) *** CHANGE IN 2019 *** (SEE 5352­S2.SL) ****** CHANGE IN 2019 *** (SEE 5352­S2.SL) *** The board, in collaboration with the department, must provide a written report to the legislature byThe board, in collaboration with the department, must provide a written report to the legislature by December 1, 2012, December 1, 2015, and December 1, 2018. The report must summarize the actions,December 1, 2012, December 1, 2015, and December 1, 2018. The report must summarize the actions, funding, and accomplishments of the board in the previous three years, and submit recommendations forfunding, and accomplishments of the board in the previous three years, and submit recommendations for improvement of the local water plan process. The 2018 report must also contain recommendations onimprovement of the local water plan process. The 2018 report must also contain recommendations on the future of the board.the future of the board. [ [ 2009 c 183 § 6.2009 c 183 § 6.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.07090.92.070 Water banking. (Expires June 30, 2019.)Water banking. (Expires June 30, 2019.) (1) The board may establish a mechanism to bank water for the holders of water rights within the(1) The board may establish a mechanism to bank water for the holders of water rights within the planning area to voluntarily deposit them on a temporary or permanent basis.planning area to voluntarily deposit them on a temporary or permanent basis. (2) The board has the following authority regarding banked water in the planning area:(2) The board has the following authority regarding banked water in the planning area: (a) The board may accept a surface water right or a groundwater right on a permanent or(a) The board may accept a surface water right or a groundwater right on a permanent or temporary basis under terms and conditions agreed upon by the water rights holder and the board.temporary basis under terms and conditions agreed upon by the water rights holder and the board. (b) On a temporary or permanent basis, the board may accept a water right, or portion thereof,(b) On a temporary or permanent basis, the board may accept a water right, or portion thereof, that will be made available under local water plans for streamflow enhancement under the terms of thethat will be made available under local water plans for streamflow enhancement under the terms of the local water plan, as provided in this chapter.local water plan, as provided in this chapter. (c) Except as provided in (d) of this subsection, the board must accept a water right temporarily(c) Except as provided in (d) of this subsection, the board must accept a water right temporarily banked for instream flow without conducting a review of the extent and validity of the water right. Such abanked for instream flow without conducting a review of the extent and validity of the water right. Such a http://app.leg.wa.gov/RCW/default.aspx?cite=90.82.040 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%205. http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%206. water right may not thereafter be authorized for any other purposes. A banked water right that has notwater right may not thereafter be authorized for any other purposes. A banked water right that has not been tentatively determined as to its extent and validity is not entitled to be protected from impairment bybeen tentatively determined as to its extent and validity is not entitled to be protected from impairment by another water right.another water right. (d) The board may manage a water right that has been banked as mitigation for impairment to(d) The board may manage a water right that has been banked as mitigation for impairment to instream flows and other existing water rights. However, the water right may only be available forinstream flows and other existing water rights. However, the water right may only be available for mitigation to the extent the department determines the water right is valid and use of the water right formitigation to the extent the department determines the water right is valid and use of the water right for mitigation will not cause detriment or injury to existing water rights.mitigation will not cause detriment or injury to existing water rights. (3)(a) A water right banked on a temporary basis remains in the ownership of the water rights(3)(a) A water right banked on a temporary basis remains in the ownership of the water rights holder and not the state of Washington or the board.holder and not the state of Washington or the board. (b) A water right banked on a permanent basis must be transferred to the state of Washington as(b) A water right banked on a permanent basis must be transferred to the state of Washington as a trust water right consistent with RCW a trust water right consistent with RCW 90.42.08090.42.080.. (4) A water right or portion of a water right banked under this chapter is not subject to loss by(4) A water right or portion of a water right banked under this chapter is not subject to loss by forfeiture under RCW forfeiture under RCW 90.14.13090.14.130 through through 90.14.20090.14.200. When a temporary water right is withdrawn from. When a temporary water right is withdrawn from banking, the time period that the water right was banked may not be calculated as time water was notbanking, the time period that the water right was banked may not be calculated as time water was not used for purposes of RCW used for purposes of RCW 90.14.16090.14.160, , 90.14.17090.14.170, and , and 90.14.18090.14.180.. (5) When a temporarily deposited water right is withdrawn from banking, the time period that the(5) When a temporarily deposited water right is withdrawn from banking, the time period that the water right was banked may not be included in the five years of prior water use for purposes ofwater right was banked may not be included in the five years of prior water use for purposes of applications to add acreage or purposes of water use under RCW applications to add acreage or purposes of water use under RCW 90.03.38090.03.380(1).(1). (6) Nothing in this chapter forecloses or diminishes the rights of any person to apply to the(6) Nothing in this chapter forecloses or diminishes the rights of any person to apply to the department to transfer a water right to the state trust water rights program under the authority of chapterdepartment to transfer a water right to the state trust water rights program under the authority of chapter 90.4290.42 RCW or to apply for a change of a water right to the department or to a water conservancy board RCW or to apply for a change of a water right to the department or to a water conservancy board authorized under chapter authorized under chapter 90.8090.80 RCW. RCW. [ [ 2009 c 183 § 7.2009 c 183 § 7.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.08090.92.080 Local water plan—Board to adopt guidelines and criteria for filing, review, andLocal water plan—Board to adopt guidelines and criteria for filing, review, and approval—Annual reports—Term. (Expires June 30, 2019.)approval—Annual reports—Term. (Expires June 30, 2019.) (1) The board shall adopt guidelines and criteria for filing, review, and approval of a local water(1) The board shall adopt guidelines and criteria for filing, review, and approval of a local water plan. The board shall also develop a dispute resolution process that provides for water users, the board,plan. The board shall also develop a dispute resolution process that provides for water users, the board, and the department to resolve disputes regarding the implementation and enforcement of a local waterand the department to resolve disputes regarding the implementation and enforcement of a local water plan.plan. (2) A water user or group of water users within the planning area, organized as provided in(2) A water user or group of water users within the planning area, organized as provided in guidelines adopted by the board, may submit a proposed local water plan to the board.guidelines adopted by the board, may submit a proposed local water plan to the board. (3) A local water plan must include:(3) A local water plan must include: (a) A determination by the board of the baseline water use for all water rights involved in the local(a) A determination by the board of the baseline water use for all water rights involved in the local water plan, based on the guidelines adopted by the board, and in consultation with the water resourcewater plan, based on the guidelines adopted by the board, and in consultation with the water resource panel. The baseline documents regarding water use that are submitted by the water users may not bepanel. The baseline documents regarding water use that are submitted by the water users may not be used by the department to determine the validity of the water rights in any future administrative orused by the department to determine the validity of the water rights in any future administrative or regulatory actions;regulatory actions; (b) A clearly defined set of practices that provide for flexibility of water use as defined in(b) A clearly defined set of practices that provide for flexibility of water use as defined in subsection (4) of this section;subsection (4) of this section; http://app.leg.wa.gov/RCW/default.aspx?cite=90.42.080 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.130 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.200 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.160 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.170 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.180 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 http://app.leg.wa.gov/RCW/default.aspx?cite=90.80 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%207. (c) An estimate of the amount of water that would remain instream either long term or during(c) An estimate of the amount of water that would remain instream either long term or during critical flow periods for fish;critical flow periods for fish; (d) Performance measures and options for achieving reductions in total water use from baseline;(d) Performance measures and options for achieving reductions in total water use from baseline; (e) Performance measures for tracking improved streamflows either long term or during critical(e) Performance measures for tracking improved streamflows either long term or during critical flow periods for fish; andflow periods for fish; and (f) Measurement, tracking, and monitoring measures and procedures that ensure the(f) Measurement, tracking, and monitoring measures and procedures that ensure the implementation and enforcement of the measures for flexibility of water use, enhancement of theimplementation and enforcement of the measures for flexibility of water use, enhancement of the streamflows, and other elements, terms, and conditions in the local water plan.streamflows, and other elements, terms, and conditions in the local water plan. (4) The local water plan may have elements and provide rights to the use and application of water(4) The local water plan may have elements and provide rights to the use and application of water that are not otherwise authorized in the water rights, including:that are not otherwise authorized in the water rights, including: (a) The ability to use the quantity of water defined as baseline in RCW (a) The ability to use the quantity of water defined as baseline in RCW 90.92.12090.92.120(1)(a) on new or(1)(a) on new or additional places of use, from new or additional points of diversion or withdrawal, and at different times ofadditional places of use, from new or additional points of diversion or withdrawal, and at different times of the year;the year; (b) The ability to change or add a source of water supply including the use of groundwater to(b) The ability to change or add a source of water supply including the use of groundwater to supplement surface water rights and the ability to implement the conjunctive use of the groundwater andsupplement surface water rights and the ability to implement the conjunctive use of the groundwater and surface water; andsurface water; and (c) The storage of water and infiltration of the water to the groundwater to supplement shallow(c) The storage of water and infiltration of the water to the groundwater to supplement shallow groundwater withdrawals or for the purpose of replenishing the aquifer.groundwater withdrawals or for the purpose of replenishing the aquifer. (5) To participate in a local water plan, water rights holders must: (a) Agree to allow a portion or(5) To participate in a local water plan, water rights holders must: (a) Agree to allow a portion or all of their baseline water use to remain instream, as specified in the approved local water plan; (b) haveall of their baseline water use to remain instream, as specified in the approved local water plan; (b) have existing operable water conveyance infrastructure in place and available for use; (c) agree that any waterexisting operable water conveyance infrastructure in place and available for use; (c) agree that any water made available for streamflow enhancement may not be diverted from the water source and used duringmade available for streamflow enhancement may not be diverted from the water source and used during the term of the local water plan, but instead must be deposited into the water bank or, upon request bythe term of the local water plan, but instead must be deposited into the water bank or, upon request by the water rights holder, transferred to the trust water rights program consistent with chapter the water rights holder, transferred to the trust water rights program consistent with chapter 90.4290.42 RCW; RCW; (d) measure and monitor their water use, streamflows upstream and downstream of the boundaries of(d) measure and monitor their water use, streamflows upstream and downstream of the boundaries of the plan, and groundwater levels within the boundaries of the plan; and (e) commit to staying in thethe plan, and groundwater levels within the boundaries of the plan; and (e) commit to staying in the program consistent with criteria established by the board.program consistent with criteria established by the board. (6) Unless agreed upon by the water rights holder, nothing in this chapter diminishes or changes(6) Unless agreed upon by the water rights holder, nothing in this chapter diminishes or changes existing water rights.existing water rights. (7) The water users must submit annual reports to the department and the board regarding(7) The water users must submit annual reports to the department and the board regarding contract performance, consistent with the guidelines adopted by the board.contract performance, consistent with the guidelines adopted by the board. (8) A local water plan may be effective for a term of one to ten years.(8) A local water plan may be effective for a term of one to ten years. [ [ 2009 c 183 § 8.2009 c 183 § 8.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.09090.92.090 Local water plan—Public notice period—Other requirements. (Expires June 30,Local water plan—Public notice period—Other requirements. (Expires June 30, 2019.)2019.) (1) The board must provide a thirty­day public notice period for the proposal for a local water plan(1) The board must provide a thirty­day public notice period for the proposal for a local water plan and accept comments from all interested persons during that period.and accept comments from all interested persons during that period. (2) To become effective, the local water plan must be approved by both the board and the(2) To become effective, the local water plan must be approved by both the board and the department. A proposed local water plan must not be approved if the board and the departmentdepartment. A proposed local water plan must not be approved if the board and the department determine the local water plan will not substantially enhance instream flow conditions.determine the local water plan will not substantially enhance instream flow conditions. http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%208. (3) The approved local water plan must be signed by the executive director of the board, by the(3) The approved local water plan must be signed by the executive director of the board, by the director, and by all water users participating in the local water plan. The local water plan is a contractdirector, and by all water users participating in the local water plan. The local water plan is a contract among the board, the department, and the water users in which all parties agree to abide by all termsamong the board, the department, and the water users in which all parties agree to abide by all terms and conditions of the local water plan.and conditions of the local water plan. (4) If an approved local water plan is not in compliance with its terms and conditions, the board(4) If an approved local water plan is not in compliance with its terms and conditions, the board shall, consistent with the dispute resolution process adopted by the board, seek compliance. If the boardshall, consistent with the dispute resolution process adopted by the board, seek compliance. If the board revokes a local water plan due to noncompliance, the water users in the local water plan must thereafterrevokes a local water plan due to noncompliance, the water users in the local water plan must thereafter exercise the water rights only as the water rights were authorized and conditioned prior to the approval ofexercise the water rights only as the water rights were authorized and conditioned prior to the approval of the local water plan, and all rights and duties that were terms in the local water plan lapse and are notthe local water plan, and all rights and duties that were terms in the local water plan lapse and are not valid or enforceable.valid or enforceable. [ [ 2009 c 183 § 9.2009 c 183 § 9.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.10090.92.100 Appeal—Review of a claim of impairment. (Expires June 30, 2019.)Appeal—Review of a claim of impairment. (Expires June 30, 2019.) (1) Any person not party to the local water plan and aggrieved by the director's decision may(1) Any person not party to the local water plan and aggrieved by the director's decision may appeal the decision to the pollution control hearings board as provided under RCW appeal the decision to the pollution control hearings board as provided under RCW 43.21B.23043.21B.230.. (2) A water rights holder who believes the holder's water right has been impaired by any action(2) A water rights holder who believes the holder's water right has been impaired by any action under this chapter may request that the department review the impairment claim. If the departmentunder this chapter may request that the department review the impairment claim. If the department determines that some action under this chapter is impairing existing rights, the department, the board,determines that some action under this chapter is impairing existing rights, the department, the board, and the water users must amend the local water plan to eliminate the impairment. Any decision of theand the water users must amend the local water plan to eliminate the impairment. Any decision of the department to alter or not alter a local water plan is appealable to the pollution control hearings boarddepartment to alter or not alter a local water plan is appealable to the pollution control hearings board under RCW under RCW 43.21B.23043.21B.230.. [ [ 2009 c 183 § 10.2009 c 183 § 10.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.11090.92.110 Local water plan—Expiration—Making elements of the local water plan permanent.Local water plan—Expiration—Making elements of the local water plan permanent. (Expires June 30, 2019.)(Expires June 30, 2019.) (1) A local water plan expires by its terms, by withdrawal of one or more water users to the local(1) A local water plan expires by its terms, by withdrawal of one or more water users to the local water plan, or upon agreement by all parties to the contact [contract]. Upon the expiration of a local waterwater plan, or upon agreement by all parties to the contact [contract]. Upon the expiration of a local water plan that has been operating for five or more years, the water users may request that the board and theplan that has been operating for five or more years, the water users may request that the board and the department make the elements of the local water plan, including water deposited to the water bank fordepartment make the elements of the local water plan, including water deposited to the water bank for http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%209. http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.230 http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.230 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%2010. placement in the trust water rights program, permanent authorizations and conditions for use of the waterplacement in the trust water rights program, permanent authorizations and conditions for use of the water rights.rights. (2) The request under subsection (1) of this section must be evaluated based on whether:(2) The request under subsection (1) of this section must be evaluated based on whether: (a) The determination of the baseline water use adequately analyzed the extent and validity of the(a) The determination of the baseline water use adequately analyzed the extent and validity of the donated water right; anddonated water right; and (b)(i) Whether there is injury or detriment to other existing water rights; or(b)(i) Whether there is injury or detriment to other existing water rights; or (ii) The written approval obtained from the holder of an impaired water right is continued or(ii) The written approval obtained from the holder of an impaired water right is continued or renewed.renewed. (3) If the board and the department approve the request under subsection (1) of this section, the(3) If the board and the department approve the request under subsection (1) of this section, the department shall issue superseding water rights consistent with the management and uses of the waterdepartment shall issue superseding water rights consistent with the management and uses of the water under the local water plan. That portion of the water rights deposited in the water bank for placement inunder the local water plan. That portion of the water rights deposited in the water bank for placement in the trust water rights program must be made permanent and transferred in accordance with chapterthe trust water rights program must be made permanent and transferred in accordance with chapter 90.4290.42 RCW. RCW. (4) If the local water plan expires and the water management and uses under the local water plan(4) If the local water plan expires and the water management and uses under the local water plan are not granted approval to be permanent, the water users in the local water plan must thereafterare not granted approval to be permanent, the water users in the local water plan must thereafter exercise the water rights only as the water rights were authorized and conditioned prior to the local waterexercise the water rights only as the water rights were authorized and conditioned prior to the local water plan, and all rights and duties that were terms in the local water plan lapse and are not valid orplan, and all rights and duties that were terms in the local water plan lapse and are not valid or enforceable.enforceable. [ [ 2009 c 183 § 11.2009 c 183 § 11.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.12090.92.120 Local water plan—Status of water rights. (Expires June 30, 2019.)Local water plan—Status of water rights. (Expires June 30, 2019.) (1) The water rights in the local water plan as authorized for the uses described in RCW(1) The water rights in the local water plan as authorized for the uses described in RCW 90.92.08090.92.080(4) are:(4) are: (a) Not subject to either the approval of the department under RCW (a) Not subject to either the approval of the department under RCW 90.03.38090.03.380 through through 90.03.39090.03.390,, 90.44.10090.44.100, and , and 90.44.10590.44.105, or a tentative determination of the validity and extent of the water rights;, or a tentative determination of the validity and extent of the water rights; (b) Not subject to loss by forfeiture under RCW (b) Not subject to loss by forfeiture under RCW 90.14.13090.14.130 through through 90.14.20090.14.200 during the period of during the period of time from when the local water plan is approved to the expiration or nullification of the local water plan astime from when the local water plan is approved to the expiration or nullification of the local water plan as provided in RCW provided in RCW 90.92.11090.92.110; and; and (c) Not to be exercised in a manner that would result in injury or detriment to other existing water(c) Not to be exercised in a manner that would result in injury or detriment to other existing water rights unless express written approval is obtained from the holder of the impaired water right. To allowrights unless express written approval is obtained from the holder of the impaired water right. To allow impacts to existing instream flow rights, the board and the department must agree that the flow benefitsimpacts to existing instream flow rights, the board and the department must agree that the flow benefits provided by a local water plan outweigh the impacts on existing instream flow rights.provided by a local water plan outweigh the impacts on existing instream flow rights. (2) The years during the period of time when the local water plan is operational may not be(2) The years during the period of time when the local water plan is operational may not be considered or calculated as a period of time that the water was not applied to use for purposes of RCWconsidered or calculated as a period of time that the water was not applied to use for purposes of RCW 90.14.13090.14.130 through through 90.14.20090.14.200. Further, the years during this period of time may not be considered or. Further, the years during this period of time may not be considered or calculated as a period of time that the water was not applied to use and for purposes of futurecalculated as a period of time that the water was not applied to use and for purposes of future applications to change the water right for additional purposes or acreage under RCW applications to change the water right for additional purposes or acreage under RCW 90.03.38090.03.380.. [ [ 2009 c 183 § 12.2009 c 183 § 12.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%2011. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.390 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.100 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.105 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.130 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.200 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.130 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14.200 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%2012. NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. 90.92.13090.92.130 Location of pilot program. (Expires June 30, 2019.)Location of pilot program. (Expires June 30, 2019.) The local water management program authorized by this chapter must be piloted in WRIA 32, asThe local water management program authorized by this chapter must be piloted in WRIA 32, as defined in chapter 173­500 WAC as it existed on January 1, 1997.defined in chapter 173­500 WAC as it existed on January 1, 1997. [ [ 2009 c 183 § 13.2009 c 183 § 13.]] NOTES:NOTES: Expiration dateExpiration date——2009 c 183:2009 c 183: See note following RCW See note following RCW 90.92.01090.92.010.. http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1580-S2.SL.pdf?cite=2009%20c%20183%20%C2%A7%2013.