WRIA 62 WMP 032305 - Washington State Department of Ecology

March, 2005 -90- 023-1289-003.3040
WRIA 62 WMP 032305
will be: natural, rural-conservancy, aquatic, high-intensity, urban conservancy, or
shoreline residential. Protections afforded to each shoreline depend on its
designation.
3. Conduct a Cumulative Impact Analysis to determine impacts of reasonably
foreseeable future development on shoreline ecological functions.
4. Develop a Restoration Plan for the shorelines.
5.3.4 Water Conservation, Reclamation and Reuse (HB 1338)
House Bill 1338, often called the “Muni Bill” clarified water rights permitting for “municipal water
suppliers”. Ecology reported the following points about HB 1338:
1. Clarifies the definition of municipal water supply purposes (RCW 90.03.015(4)) as
beneficial use of water: (a) for residential purposes through fifteen or more
residential service connections or for providing residential use of water for a
nonresidential population that is, on average, at least twenty-five people for at least
sixty days a year; (b) for governmental or governmental proprietary purposes by a
city, town, public utility district, county, sewer district, or water district; or (c)
indirectly for the purposes in (a) or (b) through the delivery of treated or raw water to
a public water system for such use. If water is beneficially used under a water right
for the purposes listed in (a), (b), or (c), any other beneficial use of water under the
right generally associated with the use of water within a municipality is also for
"municipal water supply purposes," including, but not limited to, beneficial use for
commercial, industrial, irrigation of parks and open spaces, institutional, landscaping,
fire flow, water system maintenance and repair, or related purposes. If a
governmental entity holds a water right that is for the purposes listed in (a), (b), or
(c), its use of water or its delivery of water for any other beneficial use generally
associated with the use of water within a municipality is also for "municipal water
supply purposes," including, but not limited to, beneficial use for commercial,
industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow,
water system maintenance and repair, or related purposes. (NOTE: Under current
law, water rights for municipal supply purposes do not “relinquish” due to lack of
use.)
2. Authorizes the use of water rights held by municipal water suppliers for
environmental purposes (e.g., fish and wildlife, water quality, habitat values) and to
implement watershed plans, habitat conservation plans, FERC licenses, etc.
3. Clarifies that the population or number of connections listed on existing water rights
held by municipal water suppliers is not a limiting factor if there is a Department of
Health water system plan approval or specified number.
4. Clarifies that the place of use of water rights held by municipal water suppliers
includes the municipal supplier’s service area, as authorized by the Department of
Health. Any change in a place of use must not be inconsistent with land use or
watershed plans. Establishes a duty to serve within the authorized retail service area.
5. Clarifies the legal status of existing water rights held by municipal water suppliers
certificates issued for future growth by declaring them to be in good standing.