Streamflow Restoration (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.94)

Chapter Chapter 90.9490.94 RCW RCW Chapter ListingChapter Listing STREAMFLOW RESTORATIONSTREAMFLOW RESTORATION SectionsSections 90.94.01090.94.010 Definitions.Definitions. 90.94.02090.94.020 Authorization for new domestic groundwater withdrawals exempt from permitting withAuthorization for new domestic groundwater withdrawals exempt from permitting with a potential impact on a closed water body and potential impairment to an instreama potential impact on a closed water body and potential impairment to an instream flowflow——RequirementsRequirements——FeesFees——Adoption of rules.Adoption of rules. 90.94.03090.94.030 Authorization for new domestic groundwater withdrawals exempt from permitting withAuthorization for new domestic groundwater withdrawals exempt from permitting with a potential impact on a closed water body and potential impairment to an instreama potential impact on a closed water body and potential impairment to an instream flowflow——RequirementsRequirements——Watershed restoration and enhancement committeesWatershed restoration and enhancement committees—— Watershed restoration and enhancement planWatershed restoration and enhancement plan——FeesFees——Adoption of rulesAdoption of rules—— Application of section.Application of section. 90.94.04090.94.040 Pilot projects to measure water use from all new groundwater withdrawals forPilot projects to measure water use from all new groundwater withdrawals for domestic purposes exempt from permittingdomestic purposes exempt from permitting——AreasAreas——Report to the legislature.Report to the legislature. 90.94.05090.94.050 Report to the legislatureReport to the legislature——Elements.Elements. 90.94.06090.94.060 Watershed restoration and enhancement account.Watershed restoration and enhancement account. 90.94.07090.94.070 Watershed restoration and enhancement taxable bond account.Watershed restoration and enhancement taxable bond account. 90.94.08090.94.080 Watershed restoration and enhancement bond account.Watershed restoration and enhancement bond account. 90.94.09090.94.090 Joint legislative task force on water resource mitigationJoint legislative task force on water resource mitigation——Water resource mitigationWater resource mitigation pilot projects.pilot projects. 90.94.90090.94.900 Effective dateEffective date——2018 c 1.2018 c 1. 90.94.01090.94.010 Definitions.Definitions. 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) "Department" means the department of ecology.(1) "Department" means the department of ecology. (2) "Lead agency" has the same meaning as defined in RCW (2) "Lead agency" has the same meaning as defined in RCW 90.82.06090.82.060.. (3) "Water resource inventory area" or "WRIA" means a water resource inventory area(3) "Water resource inventory area" or "WRIA" means a water resource inventory area established in chapter 173­500 WAC as it existed on January 19, 2018.established in chapter 173­500 WAC as it existed on January 19, 2018. [ [ 2018 c 1 § 201.2018 c 1 § 201.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: "The legislature intends to appropriate three hundred million dollars for "The legislature intends to appropriate three hundred million dollars for projects to achieve the goals of this act until June 30, 2033. The department of ecology is directed toprojects to achieve the goals of this act until June 30, 2033. The department of ecology is directed to implement a program to restore and enhance streamflows by fulfilling obligations under this act toimplement a program to restore and enhance streamflows by fulfilling obligations under this act to develop and implement plans to restore streamflows to levels necessary to support robust, healthy, anddevelop and implement plans to restore streamflows to levels necessary to support robust, healthy, and sustainable salmon populations." [ sustainable salmon populations." [ 2018 c 1 § 304.2018 c 1 § 304.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.94 https://app.leg.wa.gov/RCW/default.aspx?cite=90.94 http://app.leg.wa.gov/RCW/default.aspx?cite=90.82.060 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20201. http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20304. 90.94.02090.94.020 Authorization for new domestic groundwater withdrawals exempt from permittingAuthorization for new domestic groundwater withdrawals exempt from permitting with a potential impact on a closed water body and potential impairment to anwith a potential impact on a closed water body and potential impairment to an instream flow—Requirements—Fees—Adoption of rules.instream flow—Requirements—Fees—Adoption of rules. (1) Unless requirements are otherwise specified in the applicable rules adopted under this(1) Unless requirements are otherwise specified in the applicable rules adopted under this chapter or under chapter chapter or under chapter 90.2290.22 or or 90.5490.54 RCW, potential impacts on a closed water body and potential RCW, potential impacts on a closed water body and potential impairment to an instream flow are authorized for new domestic groundwater withdrawals exempt fromimpairment to an instream flow are authorized for new domestic groundwater withdrawals exempt from permitting under RCW permitting under RCW 90.44.05090.44.050 through compliance with the requirements established in this section. through compliance with the requirements established in this section. (2) In the following water resource inventory areas with instream flow rules adopted by the(2) In the following water resource inventory areas with instream flow rules adopted by the department under chapters department under chapters 90.2290.22 and and 90.5490.54 RCW that do not explicitly regulate permit­exempt RCW that do not explicitly regulate permit­exempt groundwater withdrawals and that have completed a watershed plan adopted under chapter groundwater withdrawals and that have completed a watershed plan adopted under chapter 90.8290.82 RCW, RCW, the department shall work with the initiating governments and the planning units described in chapterthe department shall work with the initiating governments and the planning units described in chapter 90.8290.82 RCW to review existing watershed plans to identify the potential impacts of exempt well use, RCW to review existing watershed plans to identify the potential impacts of exempt well use, identify evidence­based conservation measures, and identify projects to improve watershed health: 1identify evidence­based conservation measures, and identify projects to improve watershed health: 1 (Nooksack); 11 (Nisqually); 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Little(Nooksack); 11 (Nisqually); 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Little Spokane); and 59 (Colville).Spokane); and 59 (Colville). (3) In the water resource inventory areas listed in subsection (2) of this section, the lead agency(3) In the water resource inventory areas listed in subsection (2) of this section, the lead agency shall invite a representative from each federally recognized Indian tribe that has a usual and accustomedshall invite a representative from each federally recognized Indian tribe that has a usual and accustomed harvest area within the water resource inventory area to participate as part of the planning unit.harvest area within the water resource inventory area to participate as part of the planning unit. (4)(a) In collaboration with the planning unit, the initiating governments must update the(4)(a) In collaboration with the planning unit, the initiating governments must update the watershed plan to include recommendations for projects and actions that will measure, protect, andwatershed plan to include recommendations for projects and actions that will measure, protect, and enhance instream resources and improve watershed functions that support the recovery of threatenedenhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids. Watershed plan recommendations may include, but are not limited to,and endangered salmonids. Watershed plan recommendations may include, but are not limited to, acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring,acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited to, such projectsand developing natural and constructed infrastructure, which includes, but is not limited to, such projects as floodplain restoration, off­channel storage, and aquifer recharge. Qualifying projects must beas floodplain restoration, off­channel storage, and aquifer recharge. Qualifying projects must be specifically designed to enhance streamflows and not result in negative impacts to ecological functions orspecifically designed to enhance streamflows and not result in negative impacts to ecological functions or critical habitat.critical habitat. (b) At a minimum, the watershed plan must include those actions that the planning units(b) At a minimum, the watershed plan must include those actions that the planning units determine to be necessary to offset potential impacts to instream flows associated with permit­exemptdetermine to be necessary to offset potential impacts to instream flows associated with permit­exempt domestic water use. The highest priority recommendations must include replacing the quantity ofdomestic water use. The highest priority recommendations must include replacing the quantity of consumptive water use during the same time as the impact and in the same basin or tributary. Lowerconsumptive water use during the same time as the impact and in the same basin or tributary. Lower priority projects include projects not in the same basin or tributary and projects that replace consumptivepriority projects include projects not in the same basin or tributary and projects that replace consumptive water supply impacts only during critical flow periods. The watershed plan may include projects thatwater supply impacts only during critical flow periods. The watershed plan may include projects that protect or improve instream resources without replacing the consumptive quantity of water where suchprotect or improve instream resources without replacing the consumptive quantity of water where such projects are in addition to those actions that the planning unit determines to be necessary to offsetprojects are in addition to those actions that the planning unit determines to be necessary to offset potential consumptive impacts to instream flows associated with permit­exempt domestic water use.potential consumptive impacts to instream flows associated with permit­exempt domestic water use. (c) Prior to adoption of the updated watershed plan, the department must determine that actions(c) Prior to adoption of the updated watershed plan, the department must determine that actions identified in the watershed plan, after accounting for new projected uses of water over the subsequentidentified in the watershed plan, after accounting for new projected uses of water over the subsequent twenty years, will result in a net ecological benefit to instream resources within the water resourcetwenty years, will result in a net ecological benefit to instream resources within the water resource inventory area.inventory area. (d) The watershed plan may include:(d) The watershed plan may include: (i) Recommendations for modification to fees established under this subsection;(i) Recommendations for modification to fees established under this subsection; (ii) Standards for water use quantities that are less than authorized under RCW (ii) Standards for water use quantities that are less than authorized under RCW 90.44.05090.44.050 or or more or less than authorized under subsection (5) of this section for withdrawals exempt from permitting;more or less than authorized under subsection (5) of this section for withdrawals exempt from permitting; (iii) Specific conservation requirements for new water users to be adopted by local or state(iii) Specific conservation requirements for new water users to be adopted by local or state permitting authorities; orpermitting authorities; or 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=90.44.050 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=90.82 http://app.leg.wa.gov/RCW/default.aspx?cite=90.82 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 (iv) Other approaches to manage water resources for a water resource inventory area or a portion(iv) Other approaches to manage water resources for a water resource inventory area or a portion thereof.thereof. (e) Any modification to fees collected under subsection (5) of this section or standards for water(e) Any modification to fees collected under subsection (5) of this section or standards for water use quantities that are less than authorized under RCW use quantities that are less than authorized under RCW 90.44.05090.44.050 or more or less than authorized under or more or less than authorized under subsection (5) of this section for withdrawals exempt from permitting may not be applied unlesssubsection (5) of this section for withdrawals exempt from permitting may not be applied unless authorized by rules adopted under this chapter or under chapter authorized by rules adopted under this chapter or under chapter 90.5490.54 RCW. RCW. (5) Until an updated watershed plan is approved and rules are adopted under this chapter or(5) Until an updated watershed plan is approved and rules are adopted under this chapter or chapter chapter 90.5490.54 RCW, a city or county issuing a building permit under RCW RCW, a city or county issuing a building permit under RCW 19.27.09719.27.097(1)(c), or approving(1)(c), or approving a subdivision under chapter a subdivision under chapter 58.1758.17 RCW in a watershed listed in subsection (2) of this section must: RCW in a watershed listed in subsection (2) of this section must: (a) Record relevant restrictions or limitations associated with water supply with the property title;(a) Record relevant restrictions or limitations associated with water supply with the property title; (b) Collect applicable fees, as described under this section;(b) Collect applicable fees, as described under this section; (c) Record the number of building permits issued under chapter (c) Record the number of building permits issued under chapter 19.2719.27 RCW or subdivision RCW or subdivision approvals issued under chapter approvals issued under chapter 58.1758.17 RCW subject to the provisions of this section; RCW subject to the provisions of this section; (d) Annually transmit to the department three hundred fifty dollars of each fee collected under this(d) Annually transmit to the department three hundred fifty dollars of each fee collected under this subsection;subsection; (e) Annually transmit an accounting of building permits and subdivision approvals subject to the(e) Annually transmit an accounting of building permits and subdivision approvals subject to the provisions of this section to the department;provisions of this section to the department; (f) Until rules have been adopted that specify otherwise, require the following measures for each(f) Until rules have been adopted that specify otherwise, require the following measures for each new domestic use that relies on a withdrawal exempt from permitting under RCW new domestic use that relies on a withdrawal exempt from permitting under RCW 90.44.05090.44.050:: (i) An applicant shall pay a fee of five hundred dollars to the permitting authority;(i) An applicant shall pay a fee of five hundred dollars to the permitting authority; (ii) An applicant may obtain approval for a withdrawal exempt from permitting under RCW(ii) An applicant may obtain approval for a withdrawal exempt from permitting under RCW 90.44.05090.44.050 for domestic use only, with a maximum annual average withdrawal of three thousand gallons for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection.per day per connection. (6) Rules adopted under this chapter or under chapter (6) Rules adopted under this chapter or under chapter 90.5490.54 RCW may: RCW may: (a) Rely on watershed plan recommendations and procedures established in this section to(a) Rely on watershed plan recommendations and procedures established in this section to authorize new withdrawals exempt from permitting under RCW authorize new withdrawals exempt from permitting under RCW 90.44.05090.44.050 that would potentially impact a that would potentially impact a closed waterbody or a minimum flow or level;closed waterbody or a minimum flow or level; (b) Rely on projects identified in the watershed plan to offset consumptive water use; and(b) Rely on projects identified in the watershed plan to offset consumptive water use; and (c) Include updates to fees based on the planning unit's determination of the costs for offsetting(c) Include updates to fees based on the planning unit's determination of the costs for offsetting consumptive water use.consumptive water use. (7)(a) If a watershed plan that meets the requirements of this section is not adopted in water(7)(a) If a watershed plan that meets the requirements of this section is not adopted in water resource inventory area 1 (Nooksack) by February 1, 2019, the department must adopt rules for thatresource inventory area 1 (Nooksack) by February 1, 2019, the department must adopt rules for that water resource inventory area that meet the requirements of this section by August 1, 2020.water resource inventory area that meet the requirements of this section by August 1, 2020. (b) If a watershed plan that meets the requirements of this section is not adopted in water(b) If a watershed plan that meets the requirements of this section is not adopted in water resource inventory area 11 (Nisqually) by February 1, 2019, the department must adopt rules for thatresource inventory area 11 (Nisqually) by February 1, 2019, the department must adopt rules for that water resource inventory area that meet the requirements of this section by August 1, 2020.water resource inventory area that meet the requirements of this section by August 1, 2020. (c) The department must adopt rules that meet the requirements of this section for any of the(c) The department must adopt rules that meet the requirements of this section for any of the following water resource inventory areas that do not adopt a watershed plan that meets the requirementsfollowing water resource inventory areas that do not adopt a watershed plan that meets the requirements of this section by February 1, 2021: 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Littleof this section by February 1, 2021: 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Little Spokane); and 59 (Colville).Spokane); and 59 (Colville). (8) This section only applies to new domestic groundwater withdrawals exempt from permitting(8) This section only applies to new domestic groundwater withdrawals exempt from permitting under RCW under RCW 90.44.05090.44.050 in the following water resource inventory areas with instream flow rules adopted in the following water resource inventory areas with instream flow rules adopted under chapters under chapters 90.2290.22 and and 90.5490.54 RCW that do not explicitly regulate permit­exempt groundwater RCW that do not explicitly regulate permit­exempt groundwater withdrawals: 1 (Nooksack); 11 (Nisqually); 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55withdrawals: 1 (Nooksack); 11 (Nisqually); 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Little Spokane); and 59 (Colville) and does not restrict the withdrawal of groundwater for other uses that(Little Spokane); and 59 (Colville) and does not restrict the withdrawal of groundwater for other uses that are exempt from permitting under RCW are exempt from permitting under RCW 90.44.05090.44.050.. [ [ 2018 c 1 § 202.2018 c 1 § 202.]] NOTES:NOTES: http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://app.leg.wa.gov/RCW/default.aspx?cite=19.27.097 http://app.leg.wa.gov/RCW/default.aspx?cite=58.17 http://app.leg.wa.gov/RCW/default.aspx?cite=19.27 http://app.leg.wa.gov/RCW/default.aspx?cite=58.17 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 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=90.44.050 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20202. IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.03090.94.030 Authorization for new domestic groundwater withdrawals exempt from permittingAuthorization for new domestic groundwater withdrawals exempt from permitting with a potential impact on a closed water body and potential impairment to anwith a potential impact on a closed water body and potential impairment to an instream flow—Requirements—Watershed restoration and enhancementinstream flow—Requirements—Watershed restoration and enhancement committees—Watershed restoration and enhancement plan—Fees—Adoption ofcommittees—Watershed restoration and enhancement plan—Fees—Adoption of rules—Application of section.rules—Application of section. (1) Unless requirements are otherwise specified in the applicable rules adopted under this(1) Unless requirements are otherwise specified in the applicable rules adopted under this chapter or chapter chapter or chapter 90.2290.22 or or 90.5490.54 RCW, potential impacts on a closed water body and potential RCW, potential impacts on a closed water body and potential impairment to an instream flow are authorized for new domestic groundwater withdrawals exempt fromimpairment to an instream flow are authorized for new domestic groundwater withdrawals exempt from permitting under RCW permitting under RCW 90.44.05090.44.050 through compliance with the requirements established in this section. through compliance with the requirements established in this section. (2)(a) In the following water resource inventory areas with instream flow rules adopted by the(2)(a) In the following water resource inventory areas with instream flow rules adopted by the department under chapters department under chapters 90.2290.22 and and 90.5490.54 RCW that do not explicitly regulate permit­exempt RCW that do not explicitly regulate permit­exempt groundwater withdrawals and that have either not adopted a watershed plan, or adopted a partialgroundwater withdrawals and that have either not adopted a watershed plan, or adopted a partial watershed plan, under chapter watershed plan, under chapter 90.8290.82 RCW, the department shall establish watershed restoration and RCW, the department shall establish watershed restoration and enhancement committees in the following water resource inventory areas: 7 (Snohomish); 8 (Cedar­enhancement committees in the following water resource inventory areas: 7 (Snohomish); 8 (Cedar­ Sammamish); 9 (Duwamish­Green); 10 (Puyallup­White); 12 (Chambers­Clover); 13 (Deschutes); 14Sammamish); 9 (Duwamish­Green); 10 (Puyallup­White); 12 (Chambers­Clover); 13 (Deschutes); 14 (Kennedy­Goldsborough); and 15 (Kitsap).(Kennedy­Goldsborough); and 15 (Kitsap). (b) The department shall chair the watershed restoration and enhancement committee and invite(b) The department shall chair the watershed restoration and enhancement committee and invite the following entities to participate:the following entities to participate: (i) A representative from each federally recognized Indian tribe that has reservation land within(i) A representative from each federally recognized Indian tribe that has reservation land within the water resource inventory area;the water resource inventory area; (ii) A representative from each federally recognized Indian tribe that has a usual and accustomed(ii) A representative from each federally recognized Indian tribe that has a usual and accustomed harvest area within the water resource inventory area;harvest area within the water resource inventory area; (iii) A representative from the department of fish and wildlife, appointed by the director of the(iii) A representative from the department of fish and wildlife, appointed by the director of the department of fish and wildlife;department of fish and wildlife; (iv) A representative designated by each county within the water resource inventory area;(iv) A representative designated by each county within the water resource inventory area; (v) A representative designated by each city within the water resource inventory area;(v) A representative designated by each city within the water resource inventory area; (vi) A representative designated by the largest irrigation district within the water resource(vi) A representative designated by the largest irrigation district within the water resource inventory area;inventory area; (vii) A representative designated by the largest publicly owned water purveyor providing water(vii) A representative designated by the largest publicly owned water purveyor providing water within the water resource inventory area that is not a municipality;within the water resource inventory area that is not a municipality; (viii) A representative designated by a local organization representing the residential construction(viii) A representative designated by a local organization representing the residential construction industry within the water resource inventory area;industry within the water resource inventory area; (ix) A representative designated by a local organization representing environmental interests(ix) A representative designated by a local organization representing environmental interests within the water resource inventory area; andwithin the water resource inventory area; and (x) A representative designated by a local organization representing agricultural interests within(x) A representative designated by a local organization representing agricultural interests within the water resource inventory area.the water resource inventory area. (3) By June 30, 2021, the department shall prepare and adopt a watershed restoration and(3) By June 30, 2021, the department shall prepare and adopt a watershed restoration and enhancement plan for each watershed listed under subsection (2)(a) of this section, in collaboration withenhancement plan for each watershed listed under subsection (2)(a) of this section, in collaboration with the watershed restoration and enhancement committee. Except as described in (h) of this subsection, allthe watershed restoration and enhancement committee. Except as described in (h) of this subsection, all members of a watershed restoration and enhancement committee must approve the plan prior tomembers of a watershed restoration and enhancement committee must approve the plan prior to adoption.adoption. (a) The watershed restoration and enhancement plan should include recommendations for(a) The watershed restoration and enhancement plan should include recommendations for projects and actions that will measure, protect, and enhance instream resources and improve watershedprojects and actions that will measure, protect, and enhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids. Plan recommendationsfunctions that support the recovery of threatened and endangered salmonids. Plan recommendations 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=90.44.050 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=90.82 may include, but are not limited to, acquiring senior water rights, water conservation, water reuse, streammay include, but are not limited to, acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includesgaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes but is not limited to such projects as floodplain restoration, off­channel storage, and aquifer recharge.but is not limited to such projects as floodplain restoration, off­channel storage, and aquifer recharge. Qualifying projects must be specifically designed to enhance streamflows and not result in negativeQualifying projects must be specifically designed to enhance streamflows and not result in negative impacts to ecological functions or critical habitat.impacts to ecological functions or critical habitat. (b) At a minimum, the plan must include those actions that the committee determines to be(b) At a minimum, the plan must include those actions that the committee determines to be necessary to offset potential impacts to instream flows associated with permit­exempt domestic waternecessary to offset potential impacts to instream flows associated with permit­exempt domestic water use. The highest priority recommendations must include replacing the quantity of consumptive water useuse. The highest priority recommendations must include replacing the quantity of consumptive water use during the same time as the impact and in the same basin or tributary. Lower priority projects includeduring the same time as the impact and in the same basin or tributary. Lower priority projects include projects not in the same basin or tributary and projects that replace consumptive water supply impactsprojects not in the same basin or tributary and projects that replace consumptive water supply impacts only during critical flow periods. The plan may include projects that protect or improve instream resourcesonly during critical flow periods. The plan may include projects that protect or improve instream resources without replacing the consumptive quantity of water where such projects are in addition to those actionswithout replacing the consumptive quantity of water where such projects are in addition to those actions that the committee determines to be necessary to offset potential consumptive impacts to instream flowsthat the committee determines to be necessary to offset potential consumptive impacts to instream flows associated with permit­exempt domestic water use.associated with permit­exempt domestic water use. (c) Prior to adoption of the watershed restoration and enhancement plan, the department must(c) Prior to adoption of the watershed restoration and enhancement plan, the department must determine that actions identified in the plan, after accounting for new projected uses of water over thedetermine that actions identified in the plan, after accounting for new projected uses of water over the subsequent twenty years, will result in a net ecological benefit to instream resources within the watersubsequent twenty years, will result in a net ecological benefit to instream resources within the water resource inventory area.resource inventory area. (d) The watershed restoration and enhancement plan must include an evaluation or estimation of(d) The watershed restoration and enhancement plan must include an evaluation or estimation of the cost of offsetting new domestic water uses over the subsequent twenty years, including withdrawalsthe cost of offsetting new domestic water uses over the subsequent twenty years, including withdrawals exempt from permitting under RCW exempt from permitting under RCW 90.44.05090.44.050.. (e) The watershed restoration and enhancement plan must include estimates of the cumulative(e) The watershed restoration and enhancement plan must include estimates of the cumulative consumptive water use impacts over the subsequent twenty years, including withdrawals exempt fromconsumptive water use impacts over the subsequent twenty years, including withdrawals exempt from permitting under RCW permitting under RCW 90.44.05090.44.050.. (f) The watershed restoration and enhancement plan may include:(f) The watershed restoration and enhancement plan may include: (i) Recommendations for modification to fees established under this subsection;(i) Recommendations for modification to fees established under this subsection; (ii) Standards for water use quantities that are less than authorized under RCW (ii) Standards for water use quantities that are less than authorized under RCW 90.44.05090.44.050 or or more or less than authorized under subsection (4) of this section for withdrawals exempt from permitting;more or less than authorized under subsection (4) of this section for withdrawals exempt from permitting; (iii) Specific conservation requirements for new water users to be adopted by local or state(iii) Specific conservation requirements for new water users to be adopted by local or state permitting authorities; orpermitting authorities; or (iv) Other approaches to manage water resources for a water resource inventory area or a portion(iv) Other approaches to manage water resources for a water resource inventory area or a portion thereof.thereof. (g) After adoption of a watershed restoration and enhancement plan, the department shall(g) After adoption of a watershed restoration and enhancement plan, the department shall evaluate the plan recommendations and initiate rule making, if necessary, to incorporateevaluate the plan recommendations and initiate rule making, if necessary, to incorporate recommendations into rules adopted under this chapter or under chapter recommendations into rules adopted under this chapter or under chapter 90.2290.22 or or 90.5490.54 RCW. Any RCW. Any modification to fees collected under subsection (4) of this section or standards for water use quantitiesmodification to fees collected under subsection (4) of this section or standards for water use quantities that are less than authorized under RCW that are less than authorized under RCW 90.44.05090.44.050 or more or less than authorized under subsection (4) or more or less than authorized under subsection (4) of this section for withdrawals exempt from permitting may not be applied unless authorized by rulesof this section for withdrawals exempt from permitting may not be applied unless authorized by rules adopted under this chapter or under chapter adopted under this chapter or under chapter 90.5490.54 RCW. RCW. (h) If the watershed restoration and enhancement committee fails to approve a plan by June 30,(h) If the watershed restoration and enhancement committee fails to approve a plan by June 30, 2021, the director of the department shall submit the final draft plan to the salmon recovery funding board2021, the director of the department shall submit the final draft plan to the salmon recovery funding board established under RCW established under RCW 77.85.11077.85.110 and request that the salmon recovery funding board provide a and request that the salmon recovery funding board provide a technical review and provide recommendations to the director to amend the final draft plan, if necessary,technical review and provide recommendations to the director to amend the final draft plan, if necessary, so that actions identified in the plan, after accounting for new projected uses of water over theso that actions identified in the plan, after accounting for new projected uses of water over the subsequent twenty years, will result in a net ecological benefit to instream resources within the watersubsequent twenty years, will result in a net ecological benefit to instream resources within the water resource inventory area. The director of the department shall consider the recommendations and mayresource inventory area. The director of the department shall consider the recommendations and may amend the plan without committee approval prior to adoption. After plan adoption, the director of theamend the plan without committee approval prior to adoption. After plan adoption, the director of the department shall initiate rule making within six months to incorporate recommendations into rulesdepartment shall initiate rule making within six months to incorporate recommendations into rules adopted under this chapter or under chapter adopted under this chapter or under chapter 90.2290.22 or or 90.5490.54 RCW, and shall adopt amended rules within RCW, and shall adopt amended rules within two years of initiation of rule making.two years of initiation of rule making. http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 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=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://app.leg.wa.gov/RCW/default.aspx?cite=77.85.110 http://app.leg.wa.gov/RCW/default.aspx?cite=90.22 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 (4)(a) Until a watershed restoration and enhancement plan is approved and rules are adopted(4)(a) Until a watershed restoration and enhancement plan is approved and rules are adopted under subsection (3) of this section, a city or county issuing a building permit under RCW under subsection (3) of this section, a city or county issuing a building permit under RCW 19.27.09719.27.097(1)(1) (d), or approving a subdivision under chapter (d), or approving a subdivision under chapter 58.1758.17 RCW in a watershed listed in subsection (2)(a) of this RCW in a watershed listed in subsection (2)(a) of this section must:section must: (i) Record relevant restrictions or limitations associated with water supply with the property title;(i) Record relevant restrictions or limitations associated with water supply with the property title; (ii) Collect applicable fees, as described under this section;(ii) Collect applicable fees, as described under this section; (iii) Record the number of building permits issued under chapter (iii) Record the number of building permits issued under chapter 19.2719.27 RCW or subdivision RCW or subdivision approvals issued under chapter approvals issued under chapter 58.1758.17 RCW subject to the provisions of this section; RCW subject to the provisions of this section; (iv) Annually transmit to the department three hundred fifty dollars of each fee collected under this(iv) Annually transmit to the department three hundred fifty dollars of each fee collected under this subsection;subsection; (v) Annually transmit an accounting of building permits and subdivision approvals subject to the(v) Annually transmit an accounting of building permits and subdivision approvals subject to the provisions of this section to the department;provisions of this section to the department; (vi) Until rules have been adopted that specify otherwise, require the following measures for each(vi) Until rules have been adopted that specify otherwise, require the following measures for each new domestic use that relies on a withdrawal exempt from permitting under RCW new domestic use that relies on a withdrawal exempt from permitting under RCW 90.44.05090.44.050:: (A) An applicant shall pay a fee of five hundred dollars to the permitting authority;(A) An applicant shall pay a fee of five hundred dollars to the permitting authority; (B) Except as provided in (b) of this subsection, an applicant may obtain approval for a withdrawal(B) Except as provided in (b) of this subsection, an applicant may obtain approval for a withdrawal exempt from permitting under RCW exempt from permitting under RCW 90.44.05090.44.050 for domestic use only, with a maximum annual average for domestic use only, with a maximum annual average withdrawal of nine hundred fifty gallons per day per connection; andwithdrawal of nine hundred fifty gallons per day per connection; and (C) An applicant shall manage stormwater runoff on­site to the extent practicable by maximizing(C) An applicant shall manage stormwater runoff on­site to the extent practicable by maximizing infiltration, including using low­impact development techniques, or pursuant to stormwater managementinfiltration, including using low­impact development techniques, or pursuant to stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are morerequirements adopted by the local permitting authority, if locally adopted requirements are more stringent.stringent. (b) Upon the issuance of a drought emergency order under RCW (b) Upon the issuance of a drought emergency order under RCW 43.83B.40543.83B.405, the department, the department may curtail withdrawal of groundwater exempt from permitting under RCW may curtail withdrawal of groundwater exempt from permitting under RCW 90.44.05090.44.050 and approved and approved under this subsection (4) to no more than three hundred fifty gallons per day per connection for indoorunder this subsection (4) to no more than three hundred fifty gallons per day per connection for indoor use only. Notwithstanding the limitation to no more than three hundred fifty gallons per day peruse only. Notwithstanding the limitation to no more than three hundred fifty gallons per day per connection for indoor use only, an applicant may use groundwater exempt from permitting to maintain aconnection for indoor use only, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order.fire control buffer during a drought emergency order. (5) Rules adopted under this chapter or chapter (5) Rules adopted under this chapter or chapter 90.5490.54 RCW may: RCW may: (a) Rely on watershed restoration and enhancement plan recommendations and procedures(a) Rely on watershed restoration and enhancement plan recommendations and procedures established in this section to authorize new withdrawals exempt from permitting under RCW established in this section to authorize new withdrawals exempt from permitting under RCW 90.44.05090.44.050 that would potentially impact a closed waterbody or a minimum flow or level;that would potentially impact a closed waterbody or a minimum flow or level; (b) Rely on projects identified in the watershed restoration and enhancement plan to offset(b) Rely on projects identified in the watershed restoration and enhancement plan to offset consumptive water use; andconsumptive water use; and (c) Include updates to fees based on the watershed restoration and enhancement committee's(c) Include updates to fees based on the watershed restoration and enhancement committee's determination of the costs for offsetting consumptive water use.determination of the costs for offsetting consumptive water use. (6) This section only applies to new domestic groundwater withdrawals exempt from permitting(6) This section only applies to new domestic groundwater withdrawals exempt from permitting under RCW under RCW 90.44.05090.44.050 in the following water resource inventory areas with instream flow rules adopted in the following water resource inventory areas with instream flow rules adopted under chapters under chapters 90.2290.22 and and 90.5490.54 RCW that do not explicitly regulate permit­exempt groundwater RCW that do not explicitly regulate permit­exempt groundwater withdrawals: 7 (Snohomish); 8 (Cedar­Sammamish); 9 (Duwamish­Green); 10 (Puyallup­White); 12withdrawals: 7 (Snohomish); 8 (Cedar­Sammamish); 9 (Duwamish­Green); 10 (Puyallup­White); 12 (Chambers­Clover); 13 (Deschutes); 14 (Kennedy­Goldsborough); and 15 (Kitsap) and does not restrict(Chambers­Clover); 13 (Deschutes); 14 (Kennedy­Goldsborough); and 15 (Kitsap) and does not restrict the withdrawal of groundwater for other uses that are exempt from permitting under RCW the withdrawal of groundwater for other uses that are exempt from permitting under RCW 90.44.05090.44.050.. [ [ 2018 c 1 § 203.2018 c 1 § 203.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. http://app.leg.wa.gov/RCW/default.aspx?cite=19.27.097 http://app.leg.wa.gov/RCW/default.aspx?cite=58.17 http://app.leg.wa.gov/RCW/default.aspx?cite=19.27 http://app.leg.wa.gov/RCW/default.aspx?cite=58.17 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=43.83B.405 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 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=90.44.050 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20203. 90.94.04090.94.040 Pilot projects to measure water use from all new groundwater withdrawals forPilot projects to measure water use from all new groundwater withdrawals for domestic purposes exempt from permitting—Areas—Report to the legislature.domestic purposes exempt from permitting—Areas—Report to the legislature. (1) The department shall initiate two pilot projects to measure water use from all new groundwater(1) The department shall initiate two pilot projects to measure water use from all new groundwater withdrawals for domestic purposes exempt from permitting under RCW withdrawals for domestic purposes exempt from permitting under RCW 90.44.05090.44.050 in the areas described in the areas described in this section. The pilot projects must be conducted to determine the overall feasibility of measuringin this section. The pilot projects must be conducted to determine the overall feasibility of measuring water use for all new groundwater withdrawals. The department must purchase and provide meters to bewater use for all new groundwater withdrawals. The department must purchase and provide meters to be used in the pilot projects. The pilot projects must be conducted in the area under the Dungeness waterused in the pilot projects. The pilot projects must be conducted in the area under the Dungeness water rule, chapter 173­518 WAC, within water resource inventory area 18 and the area in which the Kittitasrule, chapter 173­518 WAC, within water resource inventory area 18 and the area in which the Kittitas county water bank program operates within water resource inventory area 39.county water bank program operates within water resource inventory area 39. (2) At a minimum, the pilot project must address the following:(2) At a minimum, the pilot project must address the following: (a) Initial and ongoing costs, including costs to local government and the department;(a) Initial and ongoing costs, including costs to local government and the department; (b) Technical, practical, and legal considerations that must be addressed;(b) Technical, practical, and legal considerations that must be addressed; (c) The costs and benefits of a water use measurement program relying on individual meters(c) The costs and benefits of a water use measurement program relying on individual meters versus a water management program that estimates permit­exempt groundwater withdrawals; andversus a water management program that estimates permit­exempt groundwater withdrawals; and (d) Measures to protect the privacy of individual property owners and ensure accurate data(d) Measures to protect the privacy of individual property owners and ensure accurate data collection.collection. (3) The department shall report on the pilot project results in the report to the legislature(3) The department shall report on the pilot project results in the report to the legislature submitted under RCW submitted under RCW 90.94.05090.94.050. The department shall include recommendations to the legislature,. The department shall include recommendations to the legislature, including estimated program costs for expanding the pilot projects to other basins.including estimated program costs for expanding the pilot projects to other basins. [ [ 2018 c 1 § 204.2018 c 1 § 204.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.05090.94.050 Report to the legislature—Elements.Report to the legislature—Elements. The department shall submit a report to the legislature by December 31, 2020, and December 31,The department shall submit a report to the legislature by December 31, 2020, and December 31, 2027, in compliance with RCW 2027, in compliance with RCW 43.01.03643.01.036, that includes the following elements:, that includes the following elements: (1) Progress in completing and adopting watershed plans under RCW (1) Progress in completing and adopting watershed plans under RCW 90.94.02090.94.020 and watershed and watershed restoration and enhancement plans under RCW restoration and enhancement plans under RCW 90.94.03090.94.030;; (2) A description of program projects and expenditures;(2) A description of program projects and expenditures; (3) An assessment of the streamflow restoration and enhancement benefits from program(3) An assessment of the streamflow restoration and enhancement benefits from program projects;projects; (4) A listing of other efforts or actions taken associated with streamflow restoration and(4) A listing of other efforts or actions taken associated with streamflow restoration and enhancement, projects to benefit instream resources, and other directly related watershed improvementsenhancement, projects to benefit instream resources, and other directly related watershed improvements conducted in coordination with the restoration and enhancement planning process;conducted in coordination with the restoration and enhancement planning process; (5) The total number of new withdrawals exempt from permitting under RCW (5) The total number of new withdrawals exempt from permitting under RCW 90.44.05090.44.050 authorized in each water resource inventory area under provisions of RCW authorized in each water resource inventory area under provisions of RCW 90.94.02090.94.020 and and 90.94.03090.94.030,, and estimates of consumptive water use impacts associated with the new withdrawals; andand estimates of consumptive water use impacts associated with the new withdrawals; and http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20204. http://app.leg.wa.gov/RCW/default.aspx?cite=43.01.036 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 (6) A description of potential or planned projects, including projected costs and anticipated(6) A description of potential or planned projects, including projected costs and anticipated streamflow, water supply, and watershed health benefits.streamflow, water supply, and watershed health benefits. [ [ 2018 c 1 § 205.2018 c 1 § 205.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.06090.94.060 Watershed restoration and enhancement account.Watershed restoration and enhancement account. (1) The watershed restoration and enhancement account is created in the custody of the state(1) The watershed restoration and enhancement account is created in the custody of the state treasurer. All receipts from fees paid pursuant to RCW treasurer. All receipts from fees paid pursuant to RCW 90.94.02090.94.020 and and 90.94.03090.94.030 must be deposited into must be deposited into the account. The account may also receive those moneys as may be appropriated by the legislature forthe account. The account may also receive those moneys as may be appropriated by the legislature for the purpose of funding restoration and enhancement projects as identified in RCW the purpose of funding restoration and enhancement projects as identified in RCW 90.94.02090.94.020 and and 90.94.03090.94.030. Expenditures from the account may be used only for the costs of administering chapter 1,. Expenditures from the account may be used only for the costs of administering chapter 1, Laws of 2018, including implementing watershed planning projects under RCW Laws of 2018, including implementing watershed planning projects under RCW 90.94.02090.94.020 and watershed and watershed restoration and enhancement projects under RCW restoration and enhancement projects under RCW 90.94.03090.94.030, and collecting data and completing studies, and collecting data and completing studies necessary to develop, implement, and evaluate watershed restoration and enhancement projects undernecessary to develop, implement, and evaluate watershed restoration and enhancement projects under chapter 1, Laws of 2018. Only the director or the director's designee may authorize expenditures fromchapter 1, Laws of 2018. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter the account. The account is subject to allotment procedures under chapter 43.8843.88 RCW, but an RCW, but an appropriation is not required for expenditures.appropriation is not required for expenditures. (2) Fee revenues collected under RCW (2) Fee revenues collected under RCW 90.94.02090.94.020 and and 90.94.03090.94.030 must be used exclusively within must be used exclusively within the water resource inventory area in which the fee originated. The restriction in this subsection does notthe water resource inventory area in which the fee originated. The restriction in this subsection does not apply to moneys in the watershed restoration and enhancement account that do not originate from feesapply to moneys in the watershed restoration and enhancement account that do not originate from fees collected under RCW collected under RCW 90.94.02090.94.020 and and 90.94.03090.94.030.. [ [ 2018 c 1 § 206.2018 c 1 § 206.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.07090.94.070 Watershed restoration and enhancement taxable bond account.Watershed restoration and enhancement taxable bond account. (1) The watershed restoration and enhancement taxable bond account is created in the custody(1) The watershed restoration and enhancement taxable bond account is created in the custody of the state treasurer. All receipts from direct appropriations from the legislature or moneys directed toof the state treasurer. All receipts from direct appropriations from the legislature or moneys directed to the account from any other source must be deposited in the account. The account is intended to fundthe account from any other source must be deposited in the account. The account is intended to fund projects using taxable bonds. Expenditures from the account may be used only as provided for in thisprojects using taxable bonds. Expenditures from the account may be used only as provided for in this section. Only the director or the director's designee may authorize expenditures from the account. Thesection. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter account is subject to allotment procedures under chapter 43.8843.88 RCW, but an appropriation is not RCW, but an appropriation is not required for expenditures.required for expenditures. http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20205. http://app.leg.wa.gov/RCW/default.aspx?cite=43.88 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20206. http://app.leg.wa.gov/RCW/default.aspx?cite=43.88 (2) Expenditures from the watershed restoration and enhancement taxable bond account may be(2) Expenditures from the watershed restoration and enhancement taxable bond account may be used to assess, plan, and develop projects that include acquiring senior water rights, water conservation,used to assess, plan, and develop projects that include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructedwater reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited to, projects such as floodplain restoration, off­channelinfrastructure, which includes, but is not limited to, projects such as floodplain restoration, off­channel storage, and aquifer recharge, or other actions designed to provide access to new water supplies withstorage, and aquifer recharge, or other actions designed to provide access to new water supplies with priority given to projects in watersheds developing plans as directed by RCW priority given to projects in watersheds developing plans as directed by RCW 90.94.02090.94.020 and and 90.94.03090.94.030 and watersheds participating in the pilot project in RCW and watersheds participating in the pilot project in RCW 90.94.04090.94.040.. [ [ 2018 c 1 § 207.2018 c 1 § 207.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.08090.94.080 Watershed restoration and enhancement bond account.Watershed restoration and enhancement bond account. (1) The watershed restoration and enhancement bond account is created in the custody of the(1) The watershed restoration and enhancement bond account is created in the custody of the state treasurer. All receipts from direct appropriations from the legislature or moneys directed to thestate treasurer. All receipts from direct appropriations from the legislature or moneys directed to the account from any other source must be deposited in the account. The account is intended to fundaccount from any other source must be deposited in the account. The account is intended to fund projects using tax exempt bonds. Expenditures from the account may be used only as provided for in thisprojects using tax exempt bonds. Expenditures from the account may be used only as provided for in this section. Only the director or the director's designee may authorize expenditures from the account. Thesection. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter account is subject to allotment procedures under chapter 43.8843.88 RCW, but an appropriation is not RCW, but an appropriation is not required for expenditures.required for expenditures. (2) Expenditures from the watershed restoration and enhancement bond account may be used to(2) Expenditures from the watershed restoration and enhancement bond account may be used to assess, plan, and develop projects that include acquiring senior water rights, water conservation, waterassess, plan, and develop projects that include acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure,reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited to, projects such as floodplain restoration, off­channel storage, andwhich includes, but is not limited to, projects such as floodplain restoration, off­channel storage, and aquifer recharge, or other actions designed to provide access to new water supplies with priority given toaquifer recharge, or other actions designed to provide access to new water supplies with priority given to projects in watersheds developing plans as directed by RCW projects in watersheds developing plans as directed by RCW 90.94.02090.94.020 and and 90.94.03090.94.030 and watersheds and watersheds participating in the pilot project in RCW participating in the pilot project in RCW 90.94.04090.94.040.. [ [ 2018 c 1 § 208.2018 c 1 § 208.]] NOTES:NOTES: IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.09090.94.090 Joint legislative task force on water resource mitigation—Water resourceJoint legislative task force on water resource mitigation—Water resource mitigation pilot projects. (Expires January 1, 2029.)mitigation pilot projects. (Expires January 1, 2029.) (1) A joint legislative task force on water resource mitigation is established to review the treatment(1) A joint legislative task force on water resource mitigation is established to review the treatment of surface water and groundwater appropriations as they relate to instream flows and fish habitat, toof surface water and groundwater appropriations as they relate to instream flows and fish habitat, to http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20207. http://app.leg.wa.gov/RCW/default.aspx?cite=43.88 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20208. develop and recommend a mitigation sequencing process and scoring system to address suchdevelop and recommend a mitigation sequencing process and scoring system to address such appropriations, and to review the Washington supreme court decision in appropriations, and to review the Washington supreme court decision in Foster v. Department ofFoster v. Department of EcologyEcology, 184 Wn.2d 465, 362 P.3d 959 (2015)., 184 Wn.2d 465, 362 P.3d 959 (2015). (2) The task force must consist of the following members:(2) The task force must consist of the following members: (a) Two members from each of the two largest caucuses of the senate, appointed by the(a) Two members from each of the two largest caucuses of the senate, appointed by the president of the senate;president of the senate; (b) Two members from each of the two largest caucuses of the house of representatives,(b) Two members from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;appointed by the speaker of the house of representatives; (c) A representative from the department, appointed by the director of the department;(c) A representative from the department, appointed by the director of the department; (d) A representative from the department of fish and wildlife, appointed by the director of the(d) A representative from the department of fish and wildlife, appointed by the director of the department of fish and wildlife;department of fish and wildlife; (e) A representative from the department of agriculture, appointed by the director of the(e) A representative from the department of agriculture, appointed by the director of the department of agriculture;department of agriculture; (f) One representative from each of the following groups, appointed by the consensus of the(f) One representative from each of the following groups, appointed by the consensus of the cochairs of the task force:cochairs of the task force: (i) An organization representing the farming industry in Washington;(i) An organization representing the farming industry in Washington; (ii) An organization representing Washington cities;(ii) An organization representing Washington cities; (iii) Two representatives from an environmental advocacy organization or organizations;(iii) Two representatives from an environmental advocacy organization or organizations; (iv) An organization representing municipal water purveyors;(iv) An organization representing municipal water purveyors; (v) An organization representing business interests;(v) An organization representing business interests; (vi) Representatives of two federally recognized Indian tribes, one invited by recommendation of(vi) Representatives of two federally recognized Indian tribes, one invited by recommendation of the Northwest Indian fisheries commission, and one invited by recommendation of the Columbia riverthe Northwest Indian fisheries commission, and one invited by recommendation of the Columbia river intertribal fish commission.intertribal fish commission. (3) One cochair of the task force must be a member of the majority caucus of one chamber of the(3) One cochair of the task force must be a member of the majority caucus of one chamber of the legislature, and one cochair must be a member of the minority caucus of the other chamber of thelegislature, and one cochair must be a member of the minority caucus of the other chamber of the legislature, as those caucuses existed as of January 19, 2018.legislature, as those caucuses existed as of January 19, 2018. (4) The first meeting of the task force must occur by June 30, 2018.(4) The first meeting of the task force must occur by June 30, 2018. (5) Staff support for the task force must be provided by the office of program research and senate(5) Staff support for the task force must be provided by the office of program research and senate committee services. The department and the department of fish and wildlife shall cooperate with the taskcommittee services. The department and the department of fish and wildlife shall cooperate with the task force and provide information as the cochairs reasonably request.force and provide information as the cochairs reasonably request. (6) Within existing appropriations, the expenses of the operations of the task force, including the(6) Within existing appropriations, the expenses of the operations of the task force, including the expenses associated with the task force's meetings, must be paid jointly and in equal amounts by theexpenses associated with the task force's meetings, must be paid jointly and in equal amounts by the senate and the house of representatives. Task force expenditures are subject to approval by the housesenate and the house of representatives. Task force expenditures are subject to approval by the house executive rules committee and the senate facility and operations committee. Legislative members of theexecutive rules committee and the senate facility and operations committee. Legislative members of the task force are reimbursed for travel expenses in accordance with RCW task force are reimbursed for travel expenses in accordance with RCW 44.04.12044.04.120. Nonlegislative. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or aremembers are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement forparticipating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter other nonlegislative members is subject to chapter 43.0343.03 RCW. RCW. (7)(a) By November 15, 2019, the joint legislative task force must make recommendations to the(7)(a) By November 15, 2019, the joint legislative task force must make recommendations to the legislature in compliance with RCW legislature in compliance with RCW 43.01.03643.01.036.. (b) Recommendations of the joint legislative task force must be made by a sixty percent majority(b) Recommendations of the joint legislative task force must be made by a sixty percent majority of the members of the task force. The representatives of the departments of fish and wildlife, ecology,of the members of the task force. The representatives of the departments of fish and wildlife, ecology, and agriculture are not eligible to vote on the recommendations. Minority recommendations that achieveand agriculture are not eligible to vote on the recommendations. Minority recommendations that achieve the support of at least five of the named voting members of the task force may also be submitted to thethe support of at least five of the named voting members of the task force may also be submitted to the legislature.legislature. (8) The department shall issue permit decisions for up to five water resource mitigation pilot(8) The department shall issue permit decisions for up to five water resource mitigation pilot projects. It is the intent of the legislature to use the pilot projects to inform the legislative task forceprojects. It is the intent of the legislature to use the pilot projects to inform the legislative task force process while also enabling the processing of water right applications that address water supply needs.process while also enabling the processing of water right applications that address water supply needs. The department is authorized to issue permits in reliance upon water resource mitigation of impacts toThe department is authorized to issue permits in reliance upon water resource mitigation of impacts to instream flows and closed surface water bodies under the following mitigation sequence:instream flows and closed surface water bodies under the following mitigation sequence: http://app.leg.wa.gov/RCW/default.aspx?cite=44.04.120 http://app.leg.wa.gov/RCW/default.aspx?cite=43.03 http://app.leg.wa.gov/RCW/default.aspx?cite=43.01.036 (a) Avoiding impacts by: (i) Complying with mitigation required by adopted rules that set forth(a) Avoiding impacts by: (i) Complying with mitigation required by adopted rules that set forth minimum flows, levels, or closures; or (ii) making the water diversion or withdrawal subject to theminimum flows, levels, or closures; or (ii) making the water diversion or withdrawal subject to the applicable minimum flows or levels; orapplicable minimum flows or levels; or (b) Where avoidance of impacts is not reasonably attainable, minimizing impacts by providing(b) Where avoidance of impacts is not reasonably attainable, minimizing impacts by providing permanent new or existing trust water rights or through other types of replacement water supply resultingpermanent new or existing trust water rights or through other types of replacement water supply resulting in no net annual increase in the quantity of water diverted or withdrawn from the stream or surface waterin no net annual increase in the quantity of water diverted or withdrawn from the stream or surface water body and no net detrimental impacts to fish and related aquatic resources; orbody and no net detrimental impacts to fish and related aquatic resources; or (c) Where avoidance and minimization are not reasonably attainable, compensating for impacts(c) Where avoidance and minimization are not reasonably attainable, compensating for impacts by providing net ecological benefits to fish and related aquatic resources in the water resource inventoryby providing net ecological benefits to fish and related aquatic resources in the water resource inventory area through in­kind or out­of­kind mitigation or a combination thereof, that improves the function andarea through in­kind or out­of­kind mitigation or a combination thereof, that improves the function and productivity of affected fish populations and related aquatic habitat. Out­of­kind mitigation may includeproductivity of affected fish populations and related aquatic habitat. Out­of­kind mitigation may include instream or out­of­stream measures that improve or enhance existing water quality, riparian habitat, orinstream or out­of­stream measures that improve or enhance existing water quality, riparian habitat, or other instream functions and values for which minimum instream flows or closures were established inother instream functions and values for which minimum instream flows or closures were established in that watershed.that watershed. (9) The department must monitor the implementation of the pilot projects, including all mitigation(9) The department must monitor the implementation of the pilot projects, including all mitigation associated with each pilot project, approved under this section at least annually through December 31,associated with each pilot project, approved under this section at least annually through December 31, 2028.2028. (10) The pilot projects eligible for processing under this section, based on criteria as of January(10) The pilot projects eligible for processing under this section, based on criteria as of January 19, 2018, include:19, 2018, include: (a) A city operating a group A water system in Kitsap county and water resource inventory area(a) A city operating a group A water system in Kitsap county and water resource inventory area 15, with a population between 13,000 and 14,000;15, with a population between 13,000 and 14,000; (b) A city operating a group A water system in Pierce county and water resource inventory area(b) A city operating a group A water system in Pierce county and water resource inventory area 10, with a population between 9,500 and 10,500;10, with a population between 9,500 and 10,500; (c) A city operating a group A water system in Thurston county and water resource inventory area(c) A city operating a group A water system in Thurston county and water resource inventory area 11, with a population between 8,500 and 9,500;11, with a population between 8,500 and 9,500; (d) A nonprofit mutual water system operating a group A water system in Pierce county and water(d) A nonprofit mutual water system operating a group A water system in Pierce county and water resource inventory area 12, with between 10,500 and 11,500 service connections; andresource inventory area 12, with between 10,500 and 11,500 service connections; and (e) An irrigation district located in Whatcom county and water resource inventory area 1, solely for(e) An irrigation district located in Whatcom county and water resource inventory area 1, solely for the purpose of processing changes of water rights from surface water to groundwater, and implementingthe purpose of processing changes of water rights from surface water to groundwater, and implementing flow augmentation to benefit instream flows.flow augmentation to benefit instream flows. (11) Water right applicants eligible to be processed under this pilot project authority must elect to(11) Water right applicants eligible to be processed under this pilot project authority must elect to be included in the pilot project review by notifying the department by July 1, 2018. Once an applicantbe included in the pilot project review by notifying the department by July 1, 2018. Once an applicant notifies the department of its intent to be processed under this pilot project authority, subsection (8) ofnotifies the department of its intent to be processed under this pilot project authority, subsection (8) of this section applies to final decisions issued by the department, even if such a final decision is issuedthis section applies to final decisions issued by the department, even if such a final decision is issued after the expiration of this section.after the expiration of this section. (12) By November 15, 2018, the department must furnish the task force with information on(12) By November 15, 2018, the department must furnish the task force with information on conceptual mitigation plans for each water resource mitigation pilot project application.conceptual mitigation plans for each water resource mitigation pilot project application. (13) To ensure that the processing of pilot project applications can inform the task force process(13) To ensure that the processing of pilot project applications can inform the task force process in a timely manner, the department must expedite processing of applications for water resourcein a timely manner, the department must expedite processing of applications for water resource mitigation pilot projects. The applicant for each pilot project must reimburse the department for themitigation pilot projects. The applicant for each pilot project must reimburse the department for the department's costs of processing the applicant's application.department's costs of processing the applicant's application. (14) The water resource mitigation pilot project authority granted to the department does not(14) The water resource mitigation pilot project authority granted to the department does not affect or modify any other procedural requirements of chapter affect or modify any other procedural requirements of chapter 90.0390.03, 90.44, or , 90.44, or 90.5490.54 RCW that apply to RCW that apply to the processing of such applications.the processing of such applications. (15) The joint legislative task force expires December 31, 2019.(15) The joint legislative task force expires December 31, 2019. (16) This section expires January 1, 2029.(16) This section expires January 1, 2029. [ [ 2018 c 1 § 301.2018 c 1 § 301.]] NOTES:NOTES: http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20301. IntentIntent——2018 c 1:2018 c 1: See note following RCW See note following RCW 90.94.01090.94.010.. 90.94.90090.94.900 Effective date—2018 c 1.Effective date—2018 c 1. This act is necessary for the immediate preservation of the public peace, health, or safety, orThis act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [Januarysupport of the state government and its existing public institutions, and takes effect immediately [January 19, 2018].19, 2018]. [ [ 2018 c 1 § 307.2018 c 1 § 307.]] http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6091-S.SL.pdf?cite=2018%20c%201%20%C2%A7%20307.