Utilization
and management of the waters of the state shall be guided by the
following general declaration of fundamentals:
(1) Uses of water for domestic, stock watering, industrial,
commercial, agricultural, irrigation, hydroelectric power
production, mining, fish and wildlife maintenance and
enhancement, recreational, and thermal power production purposes,
and preservation of environmental and aesthetic values, and all
other uses compatible with the enjoyment of the public waters of
the state, are declared to be beneficial.
(2) Allocation of waters among potential uses and users
shall be based generally on the securing of the maximum net
benefits for the people of the state. Maximum net benefits shall
constitute total benefits less costs including opportunities
lost.
(3) The quality of the natural environment shall be
protected and, where possible, enhanced as follows:
(a) Perennial rivers and streams of the state shall be
retained with base flows necessary to provide for preservation of
wildlife, fish, scenic, aesthetic and other environmental values,
and navigational values. Lakes and ponds shall be retained
substantially in their natural condition. Withdrawals of water
which would conflict therewith shall be authorized only in those
situations where it is clear that overriding considerations of
the public interest will be served.
(b) Waters of the state shall be of high quality.
Regardless of the quality of the waters of the state, all wastes
and other materials and substances proposed for entry into said
waters shall be provided with all known, available, and
reasonable methods of treatment prior to entry. Notwithstanding
that standards of quality established for the waters of the state
would not be violated, wastes and other materials and substances
shall not be allowed to enter such waters which will reduce the
existing quality thereof, except in those situations where it is
clear that overriding considerations of the public interest will
be served. Technology-based effluent limitations or standards
for discharges for municipal water treatment plants located on
the Chehalis, Columbia, Cowlitz, Lewis, or Skagit river shall be
adjusted to reflect credit for substances removed from the plant
intake water if:
(i) The municipality demonstrates that the intake water is
drawn from the same body of water into which the discharge is
made; and
(ii) The municipality demonstrates that no violation of
receiving water quality standards or appreciable environmental
degradation will result.
(4) The development of multipurpose water storage facilities
shall be a high priority for programs of water allocation,
planning, management, and efficiency. The department, other
state agencies, local governments, and planning units formed
under *section 107 or 108 of this act shall evaluate the
potential for the development of new storage projects and the
benefits and effects of storage in reducing damage to stream
banks and property, increasing the use of land, providing water
for municipal, industrial, agricultural, power generation, and
other beneficial uses, and improving stream flow regimes for
fisheries and other instream uses.
(5) Adequate and safe supplies of water shall be preserved
and protected in potable condition to satisfy human domestic
needs.
(6) Multiple-purpose impoundment structures are to be
preferred over single-purpose structures. Due regard shall be
given to means and methods for protection of fishery resources in
the planning for and construction of water impoundment structures
and other artificial obstructions.
(7) Federal, state, and local governments, individuals,
corporations, groups and other entities shall be encouraged to
carry out practices of conservation as they relate to the use of
the waters of the state. In addition to traditional development
approaches, improved water use efficiency, conservation, and use
of reclaimed water shall be emphasized in the management of the
state's water resources and in some cases will be a potential new
source of water with which to meet future needs throughout the
state. Use of reclaimed water shall be encouraged through state
and local planning and programs with incentives for state
financial assistance recognizing programs and plans that
encourage the use of conservation and reclaimed water use, and
state agencies shall continue to review and reduce regulatory
barriers and streamline permitting for the use of reclaimed water
where appropriate.
(8) Development of water supply systems, whether publicly or
privately owned, which provide water to the public generally in
regional areas within the state shall be encouraged. Development
of water supply systems for multiple domestic use which will not
serve the public generally shall be discouraged where water
supplies are available from water systems serving the public.
(9) Full recognition shall be given in the administration of
water allocation and use programs to the natural
interrelationships of surface and groundwaters.
(10) Expressions of the public interest will be sought at
all stages of water planning and allocation discussions.
(11) Water management programs, including but not limited
to, water quality, flood control, drainage, erosion control and
storm runoff are deemed to be in the public interest.
[2007 c 445 § 8; 1997 c 442 § 201; 1989 c 348 § 1; 1987 c 399 § 2; 1971 ex.s. c 225 § 2.]
NOTES:
*Reviser's note: Sections 107 and 108 of this act were vetoed by the governor.
Findings -- Intent -- 2007 c 445: See note following RCW 90.46.005.
Part headings not law -- Severability -- 1997 c 442: See RCW 90.82.900 and 90.82.901.
Severability -- 1989 c 348: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 348 § 13.]
Rights not impaired -- 1989 c 348: See RCW 90.54.920.