(1) After an application to, and
upon the issuance by the department of an amendment to the
appropriate permit or certificate of groundwater right, the
holder of a valid right to withdraw public groundwaters may,
without losing the holder's priority of right, construct wells or
other means of withdrawal at a new location in substitution for
or in addition to those at the original location, or the holder
may change the manner or the place of use of the water.
(2) An amendment to construct replacement or a new
additional well or wells at a location outside of the location of
the original well or wells or to change the manner or place of
use of the water shall be issued only after publication of notice
of the application and findings as prescribed in the case of an
original application. Such amendment shall be issued by the
department only on the conditions that: (a) The additional or
replacement well or wells shall tap the same body of public
groundwater as the original well or wells; (b) where a
replacement well or wells is approved, the use of the original
well or wells shall be discontinued and the original well or
wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is constructed,
the original well or wells may continue to be used, but the
combined total withdrawal from the original and additional well
or wells shall not enlarge the right conveyed by the original
permit or certificate; and (d) other existing rights shall not be
impaired. The department may specify an approved manner of
construction and shall require a showing of compliance with the
terms of the amendment, as provided in RCW 90.44.080 in the case
of an original permit.
(3) The construction of a replacement or new additional well
or wells at the location of the original well or wells shall be
allowed without application to the department for an amendment.
However, the following apply to such a replacement or new
additional well: (a) The well shall tap the same body of public
groundwater as the original well or wells; (b) if a replacement
well is constructed, the use of the original well or wells shall
be discontinued and the original well or wells shall be properly
decommissioned as required under chapter 18.104 RCW; (c) if a new
additional well is constructed, the original well or wells may
continue to be used, but the combined total withdrawal from the
original and additional well or wells shall not enlarge the right
conveyed by the original water use permit or certificate; (d) the
construction and use of the well shall not interfere with or
impair water rights with an earlier date of priority than the
water right or rights for the original well or wells; (e) the
replacement or additional well shall be located no closer than
the original well to a well it might interfere with; (f) the
department may specify an approved manner of construction of the
well; and (g) the department shall require a showing of
compliance with the conditions of this subsection (3).
(4) As used in this section, the "location of the original
well or wells" is the area described as the point of withdrawal
in the original public notice published for the application for
the water right for the well.
(5) The development and use of a small irrigation
impoundment, as defined in RCW 90.03.370(8), does not constitute
a change or amendment for the purposes of this section. The
exemption expressly provided by this subsection shall not be
construed as requiring an amendment of any existing water right
to enable the holder of the right to store water governed by the
right.
[2003 c 329 § 3; 1997 c 316 § 2; 1987 c 109 § 113; 1945 c 263 § 10; Rem. Supp. 1945 § 7400-10.]
NOTES:
Intent -- 1997 c 316: "The legislature intends that the holder of a valid permit or certificate of groundwater right be permitted by the department of ecology to amend a valid permit or certificate to allow full and complete development of the valid right by the construction of replacement or additional wells at the original location or new locations." [1997 c 316 § 1.]
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.