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Is the Dungeness Water Rule etched in stone? Perhaps not…

from Pearl Rains-Hewett
Behind My Back.org

Posted 2/5/2013

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

7 Sec. 1. RCW 90.38.005 and 1989 c 429 s 1 are each amended to read

8 as follows:

9 (1) The legislature finds that:

 

It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?

36 to satisfy both existing rights, and other presently unmet as well as

37 future needs of the basin;

 

6 (3) The provisions of this chapter apply only to waters of the

7 Yakima river basin.

 

What do we need in Clallam County to change the Dungeness Water Rule?

Elected officials that represent us, Van De Wege, Senator Hargrove and Tharinger, to do their job and propose legislation

36 to satisfy both existing rights, and other presently unmet as well as

37 future needs of the basin;

 

What  do they need in Skagit County to change the Skagit River Water Rule?

Elected officials that represent them, do their job and propose legislation

36 to satisfy both existing rights, and other presently unmet as well as

37 future needs of the basin;

 

What do we need in Olympia? Legislators that recognize the incompetence of the Appointed DOE.

How many legislated house bills have to be enacted on a case by case basis to clean up the Water Rules imposed by the DOE?

How many Lawsuits will WA State fight before Legislators recognize the incompetence of the Appointed DOE?

Pearl Rains Hewett

behindmyback.org.

 

2013 House Bill 1414: Concerning Yakima river basin water resource management

 

6 (3) The provisions of this chapter apply only to waters of the

7 Yakima river basin.

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

7 Sec. 1. RCW 90.38.005 and 1989 c 429 s 1 are each amended to read

8 as follows:

9 (1) The legislature finds that:

10 (a) Under present physical conditions in the Yakima river basin

11 there is an insufficient supply of ground and surface water to satisfy

12 the present needs of the basin, and that the general health, welfare,

13 and safety of the people of the Yakima river basin depend upon the

14 conservation, management, development, and optimum use of all the

15 basin’s water resources;

—————————————————-

31 this purpose.

32 (2) It is the purpose of this chapter, consistent with these

33 findings, to:

34 (a) Improve the ability of the state to work with the United States

35 and various water users of the Yakima river basin in a program designed

36 to satisfy both existing rights, and other presently unmet as well as

37 future needs of the basin; and

HB 1414 p. 2

1 (b) Establish legislative intent to promote timely and effective

2 implementation of the integrated plan in the Yakima river basin, and to

3 promote the aggressive pursuit of water supply solutions that provide

4 concurrent benefits to both instream and out-of-stream uses in the

5 Yakima river basin as rapidly as possible.

6 (3) The provisions of this chapter apply only to waters of the

7 Yakima river basin.

 

2013 House Bill 1414: Concerning Yakima river basin water resource management

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  • Introduced by Rep. Bruce Chandler (R) on January 25, 2013, authorizes the Department of Ecology to implement the integrated water resource management plan in the Yakima River Basin. (See also SB 5367).
    • Referred to the House Agriculture & Natural Resources Committee on January 25, 2013.
      • Substitute offered in the House on January 29, 2013, directs the Department of Ecology to implement the Yakima River Basin Integrated Water Resource Management Plan and develop water supply solutions that provide concurrent benefits to both in and out-of-stream uses.
    • Referred to the House Capital Budget Committee on February 1, 2013.

Z-0344.1 _____________________________________________

HOUSE BILL 1414

_____________________________________________

State of Washington 63rd Legislature 2013 Regular Session

By Representatives Chandler, Blake, Warnick, Tharinger, Stanford,

McCoy, and Ross; by request of Governor Inslee

Read first time 01/25/13. Referred to Committee on Agriculture &

Natural Resources.

1 AN ACT Relating to Yakima river basin water resource management;

2 amending RCW 90.38.005, 90.38.010, 90.38.900, and 90.38.902; reenacting

3 and amending RCW 43.84.092 and 43.84.092; adding new sections to

4 chapter 90.38 RCW; providing a contingent effective date; providing an

5 expiration date; and providing a contingent expiration date.

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

7 Sec. 1. RCW 90.38.005 and 1989 c 429 s 1 are each amended to read

8 as follows:

9 (1) The legislature finds that:

10 (a) Under present physical conditions in the Yakima river basin

11 there is an insufficient supply of ground and surface water to satisfy

12 the present needs of the basin, and that the general health, welfare,

13 and safety of the people of the Yakima river basin depend upon the

14 conservation, management, development, and optimum use of all the

15 basin’s water resources;

16 (b) ((Pursuant to P.L. 96-162,)) The future competition for water

17 among municipal, domestic, industrial, agricultural, and instream water

18 interests in the Yakima river basin will be intensified by continued

19 population growth, and by changes in climate and precipitation

p. 1 HB 1414

1 anticipated to reduce the basin’s snow pack and thereby reduce the

2 total water supply available to existing water users, instream flows,

3 and carryover storage;

4 (c) To address the challenges described in this subsection,

5 congress has enacted several bills to promote Yakima river basin water

6 enhancement, each of which was urged for enactment by this state, the

7 United States ((is now conducting)) has completed a study of ways to

8 provide needed waters through improvements of the federal water project

9 presently existing in the Yakima river basin, and federal, tribal,

10 state, and local cooperators have developed an integrated water

11 resource management plan for improving water supply, habitat, and

12 stream flow conditions in the Yakima river basin;

13 (d) As part of the Yakima river basin water enhancement project,

14 the United States department of the interior’s bureau of reclamation is

15 now seeking funding to support implementation of the integrated water

16 resource management plan for the Yakima river basin, which was jointly

17 prepared by the Washington state department of ecology and the United

18 States bureau of reclamation and published in a final programmatic

19 environmental impact statement in March 2012;

20 (((c))) (e) The interests of the state will be served by developing

21 programs, in cooperation with the United States and the various water

22 users in the basin, that increase the overall ability to manage basin

23 waters in order to better satisfy both present and future needs for

24 water in the Yakima river basin; and

25 (f) The interests of the state will also be served through

26 coordination of federal and state policies and procedures in order to

27 develop and implement projects within the framework of the integrated

28 water resource management plan for the Yakima river basin. The pace of

29 integrated plan implementation over the long term depends upon adequate

30 funding and is subject to the availability of amounts appropriated for

31 this purpose.

32 (2) It is the purpose of this chapter, consistent with these

33 findings, to:

34 (a) Improve the ability of the state to work with the United States

35 and various water users of the Yakima river basin in a program designed

36 to satisfy both existing rights, and other presently unmet as well as

37 future needs of the basin; and

HB 1414 p. 2

1 (b) Establish legislative intent to promote timely and effective

2 implementation of the integrated plan in the Yakima river basin, and to

3 promote the aggressive pursuit of water supply solutions that provide

4 concurrent benefits to both instream and out-of-stream uses in the

5 Yakima river basin as rapidly as possible.

6 (3) The provisions of this chapter apply only to waters of the

7 Yakima river basin.

8 Sec. 2. RCW 90.38.010 and 1989 c 429 s 2 are each amended to read

9 as follows:

10 ((Unless the context clearly requires otherwise,)) The definitions

11 in this section apply throughout this chapter unless the context

12 clearly requires otherwise.

13 (1) “Department” means the department of ecology.

14 (2) “Integrated plan” means the Yakima river basin integrated water

15 resource management plan developed through a consensus-based approach

16 by a diverse work group of representatives of the Yakama Nation,

17 federal, state, county, and city governments, environmental

18 organizations, and irrigation districts and for which the final

19 programmatic environmental impact statement was made available for

20 review through public notice published in the federal register (77 FR

21 12076 (2012)).

22 (3) “Net water savings” means the amount of water that through

23 hydrological analysis is determined to be conserved and usable for

24 other purposes without impairing existing water rights, reducing the

25 ability to deliver water, or reducing the supply of water that

26 otherwise would have been available to other water users.

27 (((3))) (4) “Trust water right” means that portion of an existing

28 water right, constituting net water savings, that is no longer required

29 to be diverted for beneficial use due to the installation of a water

30 conservation project that improves an existing system. The term “trust

31 water right” also applies to any other water right acquired by the

32 department under this chapter for management in the Yakima river basin

33 trust water rights program.

34 (((4))) (5) “Water conservation project” means any project funded

35 to further the purposes of this chapter and that achieves physical or

36 operational improvements of efficiency in existing systems for….

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