HomeMy WebLinkAboutLog191
12 January 2005
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MEMO FOR David Johnson
SUBJECT: Shoreline Permit for Marrowstone Island Water System
1. The purpose of this memo is to provide support documentation as a response to a 23
December 2005 Letter from Nancy Dorgan in response to the MLA 05-00276.
2. In response to comments over the use of the PUD's water rights the following are
enclosed:
a. Enclosure 1 is a copy of the RCW 90.03.330 Appropriation procedure - Water
right certificate.
b. Enclosure 2 - MRSC comment on municipal water rights
c. Enclosure 3 - Municipal water rights bill (2E2SHB 1338, Chapter 5, Laws of
2003)
3. Phasing. I see nothing wrong with doing a complex project in phases. Due to the
world's changing demographics and climate I would speculate that ultimately all public works
projects are small phases of larger consolidation effort to meet future populations, public
expectations, and environmental, fiscal, and resource needs. Examples of phasing: recently the
PUD signed the papers to transfer the Fort Flagler water system to the PUD; the Navy has
indicated that we are getting close to a purchase price for their Indian Island Water System; we
are in the process of adding additional treatment onto the Sparling well; we have a grant to
examine water storage options in Chimacum Valley; and we are in the process of hiring a
consultant to bring a Reverse Osmosis unit on line. As for permitting we will attempt to meet
any requirements the county asks of us.
4. Consistency with plans.
a. PUD's WSP used population projections developed by County - Cascadia's 16
April 2003 report
b. Enclosure 4 - CWSP updates - RCW 70.116.060. para (6) States the local
legislative authority or the secretary may determine that the plan should be updated or revised.
c. Enclosure 5 - Jefferson County CWSP para 2.9 states the plan should be reviewed
and updated by WUCC every 6 years. The PUD has met and discussed updating the CWSP off
and on the past 4 years.
d. Enclosure 6 - ACWSP Guidance (DOH #331-152) page 9 states: "the local
legislative authority will determine how often or under what circumstances the ACWSP will be
updated.
e. Enclosure 7 - Dungeness-Quilcene Water Resources Management Plan. J.l1.1.6
states "Incentives should be developed by Ecology, the DOH and other agencies to~:es-~EM
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community water systems. Such systems should be metered. The consequences of joining a
community system should be made financially advantageous without subsidies. The community
systems should be affordable and have sufficient infrastructure to provide adequate maintenance
and management services".
f. Enclosure 8 - Chapter 10.10 Jefferson County Water Supply Strategy - as
discussed a restricted flow system does not meet current DOH regulations.
g. Enclosure 9 - Marrowstone Island, W A Sole source aquifer designation -
justification.
h. Enclosure 10 - US Census Bureau 2000 report showing new construction on
Marrowstone Island from 1939 to March 2000. Appears to be about 10 new buildings a year no
matter what.
5. Decommissioning of wells. The PUD doesn't have authority, DOE does. Appears can
be delegated to county. But looking at Kitsap ordinance enforcement goes back to DOE.
a. Enclosure 11 - RCW 18.104.040 and .020 DOE authority
b. Enclosure 12 - Kitsap County Health District - Private water oversight
c. Enclosure 13 - Kitsap County Health District - Wavier form
d. Enclosure 14 - Kistap Ordance page 17 - Decommissioning of Wells
If you have any questions please call.
(1~ (L
J~s G. Parker
Manager
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RCW 90.03.330
Appropriation procedure -- Water right certificate.
(1) Upon a showing satisfactory to the department that any appropriation has been perfected in
accordance with the provisions of this chapter, it shall be the duty of the department to issue to the
applicant a certificate stating such facts in a form to be prescribed by the director, and such certificate
shall thereupon be recorded with the department. Any original water right certificate issued, as
provided by this chapter, shall be recorded with the department and thereafter, at the expense of the
party receiving the same, be transmitted by the department to the county auditor of the county or
counties where the distributing system or any part thereof is located, and be recorded in the office of
such county auditor, and thereafter be transmitted to the owner thereof.
(2) Except as provided for the issuance of certificates under RCW 90.03.240 and for the issuance of
certificates following the approval of a change, transfer, or amendment under RCW 90.03.380 or
90.44.100, the department shall not revoke or diminish a certificate for a surface or ground water right
for municipal water supply purposes as defined in RCW 90.03.015 unless the certificate was issued
with ministerial errors or was obtained through misrepresentation. The department may adjust such a
certificate under this subsection if ministerial errors are discovered, but only to the extent necessary to
correct the ministerial errors. The department may diminish the right represented by such a certificate if
the certificate was obtained through a misrepresentation on the part ofthe applicant or permit holder, but
only to the extent of the misrepresentation. The authority provided by this subsection does not include
revoking, diminishing, or adjusting a certificate based on any change in policy regarding the issuance of
such certificates that has occurred since the certificate was issued. This subsection may not be construed
as providing any authority to the department to revoke, diminish, or adjust any other water right.
(3) This subsection applies to the water right represented by a water right certificate issued prior to
September 9, 2003, for municipal water supply purposes as defined in RCW 90.03.015 where the
certificate was issued based on an administrative policy for issuing such certificates once works for
diverting or withdrawing and distributing water for municipal supply purposes were constructed rather
than after the water had been placed to actual beneficial use. Such a water right is a right in good
standing.
(4) After September 9, 2003, the department must issue a new certificate under subsection (1) of this
section for a water right represented by a water right permit only for the perfected portion of a water
right as demonstrated through actual beneficial use of water.
[2003 1st sp.s. c 5 ~ 6; 1987 c 109 ~ 89; 1929 c 122 ~ 5; 1917 c 117 ~ 34; RRS ~ 7386. Formerly RCW 90.20.100.]
NOTES:
Severability -- 2003 1st sp.s. c 5: See note following RCW 90.03.015.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes
following RCW 43.21B.001.
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E~s:g MWf1dpm IUs""",h & S.....kt!S CenU,ofWashln.gtrm
Municipal Water Rights (Public Water Suppliers)
Up,
Cities, counties, and special purpose districts may be directly interested in water rights as suppliers of
water services in their communities. The extent to which "municipal water rights" may be subject to
different or unique rules under water law, such as the "growing communities doctrine," and in state
legislation is uncertain. Planning for future water needs, including establishing the necessary water rights,
is important to effective growth management planning and economic development.
In 2003, the Legislature enacted a municipal water rights bill (2E2S_Ha1338,Chapter51-L.a\'ysoL2003),
which provides additional certainty for municipal water rights. The new provisions (1) clarify where
municipal water utilities can use existing water rights; (2) define which systems and suppliers are
municipal utilities; (3) establish new water conservation standards for municipal utilities and those who use
their water, and impose a fee to fund conservation activities; (4) require consistency with land use plans
and set forth a duty to provide retail water service; (5) establish criteria for changing or transferring
municipal water rights; and (6) allow use of water for environmental goals and pilot watershed
agreements. (See Final Bill Report for further information.)
Articles
Municipal water rights issues and water rights from the perspective of a municipal supplier are
discussed in these articles. Paper copies (*) may be requested from the MRSC Library by
Washington city, town and county employees and officials.
· "WhatJstheGoodNewsandBad.....NewsaboutvourCity's_VVateLRights:25 Questions to Start the
~earch," prepared by Robert E. Mack, Smith Alling Lane, for Association of Washington Cities Annual
Conference, June 2001, Panel on Small City Water Woes: Looking Ahead.
. "Water Rights Law for Municipal Lawyers: The Basics. Ruthlessly Simplified," by Sharon Metcalf,
Assistant City Attorney, Seattle, Legal Notes: Proceedings of the Washington State Association of
Municipal Attorneys' Annual Fall Conference, October 8-10, 1997. MRSC Information Bulletin No. 499,
October 1997
. "Important Issues Affecting Municipal Water Rights," by Thomas D. Mortimer Jr., Legal Notes:
Proceedings of the Washington State Association of Municipal Attorneys' Annual Fall Conference,
October 8-10, 1997. MRSC Information Bulletin No. 499, October 1997*
. "Future Water Wars - Transfers and Priorities - Reconciling Instream Flows and Municipal Needs:
Recent Developments in Washington Water Rights Law," by Charles A. Kimbrough, 1998
Environmental and Land Use Law Midyear: Keeping Your Environmental/Land Use Law Practice
Current, April 1998*
Counties and Cities Municipal Water, Instream Flows Workgroup
. Groupmeetingonmunicipalwatecrights.,Jnstreamflowissues, Confluence, Summer 1998LOG 'TEM
· Interest Statement of Counties and Cities Municipal Water Inslream Flows Workgroup # (SJ 5:;'
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CERTIFICATION OF ENROLLMENT
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1338
Chapter 5, Laws of 2003
58th Legislature
2003 1st Special Session
MUNICIPAL WATER SUPPLY--EFFICIENCY REQUIREMENTS
EFFECTIVE DATE: 9/9/03
Passed by the House June 5, 2003
Yeas 83 Nays 14
FRANK CHOPP
Speaker of the House of Representatives
Passed by the Senate June 10, 2003
Yeas 33 Nays 11
BRAD OWEN
President of the Senate
DDCERTIFICATE
I, Cynthia Zehnder, Chief Clerk of the House
of Representatives of the State of
Washington, do hereby certify that the
attached is SECOND ENGROSSED SECOND
SUBSTITUTE HOUSE BILL 1338 as passed
by the House of Representatives and the
Senate on the dates hereon set forth.
CYNTHIA ZEHNDER
Chief Clerk
DApproved June 20, 2003.
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GARY LOCKE
Governor of the State of Washington
DDFILED
June 20, 2003 - 2:12 p.m.
Secretary of State
State of Washington
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1338
Passed Legislature - 2003 1st Special Session
State of Washington
58th Legislature
2003 Regular Session
By House Committee on Appropriations (originally sponsored by
Representatives Linville, Kirby, Lantz, Rockefeller, Shabro, Jarrett,
Grant, Quall, Hunt, Delvin, Wallace, Woods, Benson, Morris and Conway;
by request of Governor Locke)
READ FIRST TIME 03/10/03.
AN ACT Relating to certainty and flexibility of municipal water rights and
efficient use of water; amending RCW 90.03.015, 90.03.260, 90.03.386, 90.03.330,
90.48.495, 90.48.112, 90.46.120, and 70.119A.ll0; adding new sections to chapter
90.03 RCW; adding a new section to chapter 70.119A RCW; adding a new section to
chapter 43.20 RCW; adding a new section to chapter 90.82 RCW; and adding a new
section to chapter 90.54 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as
follows:
( ({ - As used in this chapter: -})) {+ The definitions in this section
apply throughout this chapter unless the context clearly requires otherwise. +}
(1) "Department" means the department of ecology(({ - ; ~)){ + . B
(2) "Director" means the director of ecology ( ({ - ; and -} ) ) {+ . +}
(3) {+ "Municipal water supplier" means an entity that supplies water for
municipal water supply purposes.
(4) "Municipal water supply purposes" means a 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) of this subsection 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) of this subsection, any other beneficial use of water under the M
right generally associated with the use of water within a municipality is a~~<3 \lrE:
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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) of this subsection, 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.
(5) B "Person" means any firm, association, water users' association,
corporation, irrigation district, or municipal corporation, as well as an
individual.
{+ NEW SECTION. +} Sec. 2. A new section is added to chapter 90.03 RCW
to read as follows:
Beneficial uses of water under a municipal water supply purposes water
right may include water withdrawn or diverted under such a right and used for:
(1) Uses that benefit fish and wildlife, water quality, or other instream
resources or related habitat values; or
(2) Uses that are needed to implement environmental obligations called for
by a watershed plan approved under chapter 90.82 RCW, or a comprehensive
watershed plan adopted under RCW 90.54.040(1) after the effective date of this
section, a federally approved habitat conservation plan prepared in response to
the listing of a species as being endangered or threatened under the federal
endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the
federal energy regulatory commission, or a comprehensive irrigation district
management plan.
{+ NEW SECTION. +} Sec. 3. A new section is added to chapter 90.03 RCW
to read as follows:
When requested by a municipal water supplier or when processing a change
or amendment to the right, the department shall amend the water right documents
and related records to ensure that water rights that are for municipal water
supply purposes, as defined in RCW 90.03.015, are correctly identified as being
for municipal water supply purposes. This section authorizes a water right or
portion of a water right held or acquired by a municipal water supplier that is
for municipal water supply purposes as defined in RCW 90.03.015 to be identified
as being a water right for municipal water supply purposes. However, it does
not authorize any other water right or other portion of a right held or acquired
by a municipal water supplier to be so identified without the approval of a
change or transfer of the right or portion of the right for such a purpose.
Sec. 4. RCW 90.03.260 and 1987 c 109 s 84 are each amended to read as
follows:
{+ (1) +} Each application for permit to appropriate water shall set forth
the name and post office address of the applicant, the source of water supply,
the nature and amount of the proposed use, the time during which water will be
required each year, the location and description of the proposed ditch, canal,
or other work, the time within which the completion of the construction and the
time for the complete application of the water to the proposed use.
{+ (2) B If for agricultural purposes, (({ - it ~)) {+ the application B
shall give the legal subdivision of the land and the acreage to be irrigated,
as near as may be, and the amount of water expressed in acre feet to be supplied
per season. If for power purposes, it shall give the nature of the works by
means of which the power is to be developed, the head and amount of water to be
utilized, and the uses to which the power is to be applied.
{+ (3) +} If for construction of a reservoir, (({- it -})) {+ the
application +} shall give the height of the dam, the capacity of the reservl~" ,-rE:~
and the uses to be made of the impounded waters. ~ ~
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{+ (4) If for community or multiple domestic water supply, the application
shall give the projected number of service connections sought to be served.
However, for a municipal water supplier that has an approved water system plan
under chapter 43.20 RCW or an approval from the department of health to serve
a specified number of service connections, the service connection figure in the
application or any subsequent water right document is not an attribute limiting
exercise of the water right as long as the number of service connections to be
served under the right is consistent with the approved water system plan or
specified number.
(5) B If for municipal water supply, (({ - it ~)) {+ the application B
shall give the present population to be served, and, as near as may be {+
estimated +}, the future requirement of the municipality. {+ However, for a
municipal water supplier that has an approved water system plan under chapter
43.20 RCW or an approval from the department of health to serve a specified
number of service connections, the population figures in the application or any
subsequent water right document are not an attribute limiting exercise of the
water right as long as the population to be provided water under the right is
consistent with the approved water system plan or specified number.
(6) B If for mining purposes, (({ - it ~)) {+ the application B shall
give the nature of the mines to be served and the method of supplying and
utilizing the water; also their location by legal subdivisions.
{+ (7) +} All applications shall be accompanied by such maps and drawings,
in duplicate, and such other data, as may be required by the department, and
such accompanying data shall be considered as a part of the application.
Sec. 5. RCW 90.03.386 and 1991 c 350 s 2 are each amended to read as
follows:
{+ (1) +} Within service areas established pursuant to chapter(({ - s -}))
43.20 (({ - and -})) {+ or +} 70.116 RCW, the department of ecology and the
department of health shall coordinate approval procedures to ensure compliance
and consistency with the approved water system plan {+ or small water system
management program +} .
{+ (2) The effect of the department of health's approval of a planning or
engineering document that describes a municipal water supplier's service area
under chapter 43.20 RCW, or the local legislative authority's approval of
service area boundaries in accordance with procedures adopted pursuant to
chapter 70.116 RCW, is that the place of use of a surface water right or ground
water right used by the supplier includes any portion of the approved service
area that was not previously within the place of use for the water right if the
supplier is in compliance with the terms of the water system plan or small water
system management program, including those regarding water conservation, and the
alteration of the place of use is not inconsistent, regarding an area added to
the place of use, with: Any comprehensive plans or development regulations
adopted under chapter 36.70A RCW; any other applicable comprehensive plan, land
use plan, or development regulation adopted by a city, town, or county; or any
watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed
plan adopted under RCW 90.54.040(1) after the effective date of this section,
if such a watershed plan has been approved for the area.
(3) A municipal water supplier must implement cost-effective water
conservation in accordance with the requirements of section 7 of this act as
part of its approved water system plan or small water system management program.
In preparing its regular water system plan update, a municipal water supplier
with one thousand or more service connections must describe: (a) The projects,
technologies, and other cost-effective measures that comprise its water
conservation program; (b) improvements in the efficiency of water system use
resulting from implementation of its conservation program over the previous six
years; and (c) projected effects of delaying the use of existing inchoate rights
over the next six years through the addition of further cost- effective water
conservation measures before it may divert or withdraw further amounts of itt.()(3 '1IE:~
inchoate right for beneficial use. When establishing or extending a surf~e or {C1Jl
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ground water right construction schedule under RCW 90.03.320, the department
must take into consideration the public water system's use of conserved water.
+}
Sec. 6. RCW 90.03.330 and 1987 c 109 s 89 are each amended to read as
follows:
{+ (1) +} Upon a showing satisfactory to the department that any
appropriation has been perfected in accordance with the provisions of this
chapter, it shall be the duty of the department to issue to the applicant a
certificate stating such facts in a form to be prescribed by (({ - him ~)) {+
the director +}, and such certificate shall thereupon be recorded with the
department. Any original water right certificate issued, as provided by this
chapter, shall be recorded with the department and thereafter, at the expense
of the party receiving the same, be {+ transmitted +} by the department (({-
transmitted -} )) to the county auditor of the county or counties where the
distributing system or any part thereof is located, and be recorded in the
office of such county auditor, and thereafter be transmitted to the owner
thereof.
{+ (2) Except as provided for the issuance of certificates under RCW
90.03.240 and for the issuance of certificates following the approval of a
change, transfer, or amendment under RCW 90.03.380 or 90.44.100, the department
shall not revoke or diminish a certificate for a surface or ground water right
for municipal water supply purposes as defined in RCW 90.03.015 unless the
certificate was issued with ministerial errors or was obtained through
misrepresentation. The department may adjust such a certificate under this
subsection if ministerial errors are discovered, but only to the extent
necessary to correct the ministerial errors. The department may diminish the
right represented by such a certificate if the certificate was obtained through
a misrepresentation on the part of the applicant or permit holder, but only to
the extent of the misrepresentation. The authority provided by this subsection
does not include revoking, diminishing, or adjusting a certificate based on any
change in policy regarding the issuance of such certificates that has occurred
since the certificate was issued. This subsection may not be construed as
providing any authority to the department to revoke, diminish, or adjust any
other water right.
(3) This subsection applies to the water right represented by a water right
certificate issued prior to the effective date of this section for municipal
water supply purposes as defined in RCW 90.03.015 where the certificate was
issued based on an administrative policy for issuing such certificates once
works for diverting or withdrawing and distributing water for municipal supply
purposes were constructed rather than after the water had been placed to actual
beneficial use. Such a water right is a right in good standing.
(4) After the effective date of this section, the department must issue a
new certificate under subsection (1) of this section for a water right
represented by a water right permit only for the perfected portion of a water
right as demonstrated through actual beneficial use of water. +}
{+ NEW SECTION. +}
to read as follows:
(1) It is the intent of the legislature that the department establish water
use efficiency requirements designed to ensure efficient use of water while
maintaining water system financial viability, improving affordability of
supplies, and enhancing system reliability.
(2) The requirements of this section shall apply to all municipal water
suppliers and shall be tailored to be appropriate to system size, forecasted
system demand, and system supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning requirements, water
distribution system leakage standards, and water conservation performance L()(3 l'-E:~
reporting requirements; and
Sec. 7.
A new section is added to chapter 70.119A RCW
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(b) "Municipal water supplier" and "municipal water supply purposes" have
the meanings provided by RCW 90.03.015.
(4) To accomplish the purposes of this section, the department shall adopt
rules necessary to implement this section by December 31, 2005. The department
shall:
(a) Develop conservation planning requirements that ensure municipal water
suppliers are: (i) Implementing programs to integrate conservation with water
system operation and management; and (ii) identifying how to appropriately fund
and implement conservation activities. Requirements shall apply to the
conservation element of water system plans and small water system management
programs developed pursuant to chapter 43.20 RCW. In establishing the
conservation planning requirements the department shall review the current
department conservation planning guidelines and include those elements that are
appropriate for rule. Conservation planning requirements shall include but not
be limited to:
(A) Selection of cost-effective measures to achieve a system's water
conservation objectives. Requirements shall allow the municipal water supplier
to select and schedule implementation of the best methods for achieving its
conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing water
delivery rate structures that encourage water conservation;
(C) Evaluation of each system's water distribution system leakage and, if
necessary, identification of steps necessary for achieving water distribution
system leakage standards developed under (b) of this subsection;
(D) Collection and reporting of water consumption and source production
and/or water purchase data. Data collection and reporting requirements shall
be sufficient to identify water use patterns among utility customer classes,
where applicable, and evaluate the effectiveness of each system's conservation
program. Requirements, including reporting frequency, shall be appropriate to
system size and complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water demand forecast
methodologies such that demand forecasts prepared by municipal water suppliers
are sufficient for use in determining reasonably anticipated future water needs;
(b) Develop water distribution system leakage standards to ensure that
municipal water suppliers are taking appropriate steps to reduce water system
leakage rates or are maintaining their water distribution systems in a condition
that results in leakage rates in compliance with the standards. Limits shall
be developed in terms of percentage of total water produced and/or purchased and
shall not be lower than ten percent. The department may consider alternatives
to the percentage of total water supplied where alternatives provide a better
evaluation of the water system's leakage performance. The department shall
institute a graduated system of requirements based on levels of water system
leakage. A municipal water supplier shall select one or more control methods
appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation performance
reporting to assure that municipal water suppliers are regularly evaluating and
reporting their water conservation performance. The objective of setting
conservation goals is to enhance the efficient use of water by the water system
customers. Performance reporting shall include:
(i) Requirements that municipal water suppliers adopt and achieve water
conservation goals. The elected governing board or governing body of the water
system shall set water conservation goals for the system. In setting water
conservation goals the water supplier may consider historic conservation
performance and conservation investment, customer base demographics, regional
climate variations, forecasted demand and system supply characteristics, system
financial viability, system reliability, and affordability of water rates.
Conservation goals shall be established by the municipal water supplier in an
open public forum;
(ii) Requirements that the municipal water supplier
implementing conservation program elements and achieving
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ensure that progress is being made toward adopted conservation goals;
(iii) A reporting system for regular reviews of conservation performance
against adopted goals. Performance reports shall be available to customers and
the public. Requirements, including reporting frequency, shall be appropriate
to system size and complexity;
(iv) Requirements that any system not meeting its water conservation goals
shall develop a plan for modifying its conservation program to achieve its goals
along with procedures for reporting performance to the department;
(v) If a municipal water supplier determines that further reductions in
consumption are not reasonably achievable, it shall identify how current
consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical, utilize existing
mechanisms and simplified procedures in order to minimize the cost and
complexity of implementation and to avoid placing unreasonable financial burden
on smaller municipal systems.
(5) The department shall establish an advisory committee to assist the
department in developing rules for water use efficiency. The advisory committee
shall include representatives from public water system customers, environmental
interest groups, business interest groups, a representative cross-section of
municipal water suppliers, a water utility conservation professional, tribal
governments, the department of ecology, and any other members determined
necessary by the department. The department may use the water supply advisory
committee created pursuant to RCW 70.119A.160 augmented with additional
participants as necessary to comply with this subsection to assist the
department in developing rules.
(6) The department shall provide technical assistance upon request to
municipal water suppliers and local governments regarding water conservation,
which may include development of best management practices for water
conservation programs, conservation landscape ordinances, conservation rate
structures for public water systems, and general public education programs on
water conservation.
(7) To ensure compliance with this section, the department shall establish
a compliance process that incorporates a graduated approach employing the full
range of compliance mechanisms available to the department.
(8) Prior to completion of rule making required in subsection (4) of this
section, municipal water suppliers shall continue to meet the existing
conservation requirements of the department and shall continue to implement
their current water conservation programs.
{+ NEW SECTION. +} Sec. 8. A new section is added to chapter 43.20 RCW
to read as follows:
In approving the water system plan of a public water system, the department
shall ensure that water service to be provided by the system under the plan for
any new industrial, commercial, or residential use is consistent with the
requirements of any comprehensive plans or development regulations adopted under
chapter 36.70A RCW or any other applicable comprehensive plan, land use plan,
or development regulation adopted by a city, town, or county for the service
area. A municipal water supplier, as defined in RCW 90.03.015, has a duty to
provide retail water service within its retail service area if: (1) Its service
can be available in a timely and reasonable manner; (2) the municipal water
supplier has sufficient water rights to provide the service; (3) the municipal
water supplier has sufficient capacity to serve the water in a safe and reliable
manner as determined by the department of health; and (4) it is consistent with
the requirements of any comprehensive plans or development regulations adopted
under chapter 36.70A RCW or any other applicable comprehensive plan, land use
plan, or development regulation adopted by a city, town, or county for the
service area and, for water service by the water utility of a city or town, with
the utility service extension ordinances of the city or town.
{+ NEW SECTION. +} Sec. 9. A new section is added to chapter 90.# .b9G leEr.
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to read as follows:
(1) The timelines and interim milestones in a detailed implementation plan
required by section 3, chapter. . . (Engrossed Second Substitute House Bill No.
1336), Laws of 2003 must address the planned future use of existing water rights
for municipal water supply purposes, as defined in RCW 90.03.015, that are
inchoate, including how these rights will be used to meet the projected future
needs identified in the watershed plan, and how the use of these rights will be
addressed when implementing instream flow strategies identified in the watershed
plan.
(2) The watershed planning unit or other authorized lead agency shall
ensure that holders of water rights for municipal water supply purposes not
currently in use are asked to participate in defining the timelines and interim
milestones to be included in the detailed implementation plan.
(3) The department of health shall annually compile a list of water system
plans and plan updates to be reviewed by the department during the coming year
and shall consult with the departments of community, trade, and economic
development, ecology, and fish and wildlife to: (a) Identify watersheds where
further coordination is needed between water system planning and local watershed
planning under this chapter; and (b) develop a work plan for conducting the
necessary coordination.
{+ NEW SECTION. +} Sec. 10. A new section is added to chapter 90.54 RCW
to read as follows:
The department shall prioritize the expenditure of funds and other
resources for programs related to streamflow restoration in watersheds where the
exercise of inchoate water rights may have a larger effect on streamflows and
other water uses.
Sec. 11. RCW 90.48.495 and 1989 c 348 s 10 are each amended to read as
follows:
The department of ecology shall require sewer plans to include a discussion
of water conservation measures considered or underway {+ that would reduce flows
to the sewerage system +} and {+ an analysis of +} their anticipated impact on
public sewer service {+ and treatment capacity +} .
Sec. 12. RCW 90.48.112 and 1997 c 444 s 9 are each amended to read as
follows:
The evaluation of any plans submitted under RCW 90.48.110 must include
consideration of opportunities for the use of reclaimed water as defined in RCW
90.46.010. {+ Wastewater plans submitted under RCW 90.48.110 must include a
statement describing how applicable reclamation and reuse elements will be
coordinated as required under RCW 90.46.120(2). +}
Sec. 13. RCW 90.46.120 and 1997 c 444 s 1 are each amended to read as
follows:
{+ (1) +} The owner of a wastewater treatment facility that is reclaiming
water with a permit issued under this chapter has the exclusive right to any
reclaimed water generated by the wastewater treatment facility. Use and
distribution of the reclaimed water by the owner of the wastewater treatment
facility is exempt from the permit requirements of RCW 90.03.250 and 90.44.060.
Revenues derived from the reclaimed water facility shall be used only to offset
the cost of operation of the wastewater utility fund or other applicable source
of system-wide funding.
{+ (2) +} If the proposed use or uses of reclaimed water are intended to
augment or replace potable water supplies or create the potential for the
development of additional potable water supplies, such use or uses shall be
considered in the development of the regional water supply plan or plans
addressing potable water supply service by multiple water purveyors. The owner
of a wastewater treatment facility that proposes to reclaim water shall be I ()(3 I'-E:~
included as a participant in the development of such regional water supp~y pjan. ,
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Page 9 of 13
or plans.
{+ (3) Where opportunities for the use of reclaimed water exist within the
period of time addressed by a water supply plan or coordinated water system plan
developed under chapter 43.20 or 70.116 RCW, these plans must be developed and
coordinated to ensure that opportunities for reclaimed water are evaluated. The
requirements of this subsection +} {+ (3) do not apply to water system plans
developed under chapter 43.20 RCW for utilities serving less than one thousand
service connections. +}
{+ NEW SECTION. +}
to read as follows:
(1) An unperfected surface water right for municipal water supply purposes
or a portion thereof held by a municipal water supplier may be changed or
transferred in the same manner as provided by RCW 90.03.380 for any purpose if:
(a) The supplier is in compliance with the terms of an approved water
system plan or small water system management program under chapter 43.20 or
70.116 RCW that applies to the supplier, including those regarding water
conservation;
(b) Instream flows have been established by rule
inventory area, as established in chapter 173-500 WAC
effective date of this section, that is the source of
or change;
(c) A watershed plan has been approved for the water resource inventory
area referred to in (b) of this subsection under chapter 90.82 RCW and a
detailed implementation plan has been completed that satisfies the requirements
of section 3, chapter. . ., Laws of 2003 (section 3, Engrossed Second
Substitute House Bill No. 1336) or a watershed plan has been adopted after the
effective date of this section for that water resource inventory area under RCW
90.54.040(1) and a detailed implementation plan has been completed that
satisfies the requirements of section 3, chapter. . ., Laws of 2003 (section
3, Engrossed Second Substitute House Bill No. 1336); and
(d) Stream flows that satisfy the instream flows referred to in (b) of this
subsection are met or the milestones for satisfying those instream flows
required under (c) of this subsection are being met.
(2) If the criteria listed in subsection (1) (a) through (d) of this section
are not satisfied, an unperfected surface water right for municipal water supply
purposes or a portion thereof held by a municipal water supplier may nonetheless
be changed or transferred in the same manner as provided by RCW 90.03.380 if the
change or transfer is:
(a) To provide water for an instream flow requirement that has been
established by the department by rule;
(b) Subject to stream flow protection or restoration requirements contained
in: A federally approved habitat conservation plan under the federal endangered
species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal
energy regulatory commission, or a watershed agreement established under section
16 of this act;
(c) For a water right that is subject to instream flow requirements or
agreements with the department and the change or transfer is also subject to
those instream flow requirements or agreements; or
(d) For resolving or alleviating a public health or safety emergency caused
by a failing public water supply system currently providing potable water to
existing users, as such a system is described in section 15 of this act, and if
the change, transfer, or amendment is for correcting the actual or anticipated
cause or causes of the public water system failure. Inadequate water rights for
a public water system to serve existing hookups or to accommodate future
population growth or other future uses do not constitute a public health or
safety emergency.
(3) If the recipient of water under a change or transfer authorized by
subsection (1) of this section is a water supply system, the receiving syst.~<3 I'-E:~
must also be in compliance with the terms of an approved water system p~an or ~(
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Sec. 14.
A new section is added to chapter 90.03 RCW
for the water resource
as it exists on the
the water for the transfer
Page 10 of 13
small water system management program under chapter 43.20 or 70.116 RCW that
applies to the system, including those regarding water conservation.
(4) The department must provide notice to affected tribes of any transfer
or change proposed under this section.
{+ NEW SECTION. +} Sec. 15. A new section is added to chapter 90.03 RCW
to read as follows:
To be considered a failing public water system for the purposes of section
14 of this act, the department of health, in consultation with the department
and the local health authority, must make a determination that the system meets
one or more of the following conditions:
(1) A public water system has failed, or is in danger of failing within two
years, to meet state board of health standards for the delivery of potable water
to existing users in adequate quantity or quality to meet basic human drinking,
cooking, and sanitation needs or to provide adequate fire protection flows;
(2) The current water source has failed or will fail so that the public
water system is or will become incapable of exercising its existing water rights
to meet existing needs for drinking, cooking, and sanitation purposes after all
reasonable conservation efforts have been implemented; or
(3) A change in source is required to meet drinking water quality standards
and avoid unreasonable treatment costs, or the state department of health
determines that the existing source of supply is unacceptable for human use.
{+ NEW SECTION. +}
to read as follows:
(1) On a pilot project basis, the department may enter into a watershed
agreement with one or more municipal water suppliers in water resource inventory
area number one to meet the objectives established in a water resource
management program approved or being developed under chapter 90.82 RCW with the
consent of the initiating governments of the water resource inventory area. The
term of an agreement may not exceed ten years, but the agreement may be renewed
or amended upon agreement of the parties.
(2) A watershed agreement must be consistent with:
(a) Growth management plans developed under chapter 36.70A RCW where these
plans are adopted and in effect;
(b) Water supply plans and small water system management programs approved
under chapter 43.20 or 70.116 RCW;
(c) Coordinated water supply plans approved under chapter 70.116 RCW; and
(d) Water use efficiency and conservation requirements and standards
established by the state department of health or such requirements and standards
as are provided in an approved watershed plan, whichever are the more stringent.
(3) A watershed agreement must:
(a) Require the public water system operated by the participating municipal
water supplier to meet obligations under the watershed plan;
(b) Establish performance measures and timelines for measures to be
completed;
(c) Provide
needed to ensure
(d) Require
the agreement.
(4) As needed to implement watershed agreement activities, the department
may provide or receive funding, or both, under its existing authorities.
(5) The department must provide opportunity for public review of a proposed
agreement before it is executed. The department must make proposed and executed
watershed agreements and annual reports available on the department's internet
web site.
(6) The department must consult with affected local governments and the
state departments of health and fish and wildlife before executing an agreement.
(7) Before executing a watershed agreement, the department must conduct.~(j I'-~~
government-to-government consultation with affected tribal governments. ~The ~I
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Sec. 16.
A new section is added to chapter 90.03 RCW
for monitoring of stream flows and metering of water use as
that the terms of the agreement are met; and
annual reports from the water users regarding performance under
Page 11 of 13
municipal water suppliers operating the public water systems that are proposing
to enter into the agreements must be invited to participate in the
consultations. During these consultations, the department and the municipal
water suppliers shall explore the potential interest of the tribal governments
or governments in participating in the agreement.
(8) Any person aggrieved by the department's failure to satisfy the
requirements in subsection (3) of this section as embodied in the department's
decision to enter into a watershed agreement under this section may, within
thirty days of the execution of such an agreement, appeal the department's
decision to the pollution control hearings board under chapter 43.21B RCW.
(9) Any projects implemented by a municipal water system under the terms
of an agreement reached under this section may be continued and maintained by
the municipal water system after the agreement expires or is terminated as long
as the conditions of the agreement under which they were implemented continue
to be met.
(10) Before December 31, 2003, and December 31, 2004, the department must
report to the appropriate committees of the legislature the results of the pilot
project provided for in this section. Based on the experience of the pilot
project, the department must offer any suggested changes in law that would
improve, facilitate, and maximize the implementation of watershed plans adopted
under this chapter.
{+ NEW SECTION. +} Sec. 17. A new section is added to chapter 90.03 RCW
to read as follows:
The department may not enter into new watershed agreements under section
16 of this act after July 1, 2008. This section does not apply to the renewal
of agreements in effect prior to that date.
Sec. 18. RCW 70.119A.110 and 1991 c 304 s 5 are each amended to read as
follows:
(1) No person may operate a group A public water system unless the person
first submits an application to the department and receives an operating permit
as provided in this section. A new application must be submitted upon any
change in ownership of the system. Any person operating a public water system
on July 28, 1991, may continue to operate the system until the department takes
final action, including any time necessary for a hearing under subsection (3)
of this section, on a permit application submitted by the person operating the
system under the rules adopted by the department to implement this section.
(2) The department may require that each application include the
information that is reasonable and necessary to determine that the system
complies with applicable standards and requirements of the federal safe drinking
water act, state law, and rules adopted by the department or by the state board
of health.
(3) Following its review of the application, its supporting material, and
any information received by the department in its investigation of the
application, the department shall issue or deny the operating permit. The
department shall act on initial permit applications as expeditiously as
possible, and shall in all cases either grant or deny the application within one
hundred twenty days of receipt of the application or of any supplemental
information required to complete the application. The applicant for a permit
shall be entitled to file an appeal in accordance with chapter 34.05 RCW if the
department denies the initial or subsequent applications or imposes conditions
or requirements upon the operator. Any operator of a public water system that
requests a hearing may continue to operate the system until a decision is issued
after the hearing.
(4) At the time of initial permit application or at the time of permit
renewal the department may impose such permit conditions, requirements for
system improvements, and compliance schedules as it determines are reasonable
and necess~ry to ensure that the system will provide a safe and reliable w~t~G ITEM
supply to lts users. L\J
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(5) Operating permits shall be issued for a term of one year, and shall be
renewed annually, unless the operator fails to apply for a new permit or the
department finds good cause to deny the application for renewal.
(6) Each application shall be accompanied by an annual fee as follows:
(a) The annual fee for public water supply systems serving fifteen to
forty-nine service connections shall be twenty-five dollars.
(b) The annual fee for public water supply systems serving fifty to three
thousand three hundred thirty-three service connections shall be based on a
uniform per service connection fee of one dollar and fifty cents per service
connection.
(c) The annual fee for public water supply systems serving three thousand
three hundred thirty-four to fifty-three thousand three hundred thirty-three
service connections shall be based on a uniform per service connection fee of
one dollar and fifty cents per service connection plus ten cents for each
service connection in excess of three thousand three hundred thirty-three
service connections.
(d) The annual fee for public water supply systems serving fifty- three
thousand three hundred thirty-four or more service connections shall be ten
thousand dollars.
(e) In addition to the fees under (a) through (d) of this subsection, the
department may charge an additional one-time fee of five dollars for each
service connection in a new water system.
{+ (f) Until June 30, 2007, in addition to the fees under (a) through (e)
of this subsection, the department may charge municipal water suppliers, as
defined in RCW 90.03.015, an additional annual fee equivalent to twenty-five
cents for each residential service connection for the purpose of funding the
water conservation activities in section 7 of this act. +}
(7) The department may phase-in the implementation for any group of systems
provided the schedule for implementation is established by rule. Prior to
implementing the operating permit requirement on water systems having less than
five hundred service connections, the department shall form a committee composed
of persons operating these systems. The committee shall be composed of the
department of health, two operators of water systems having under one hundred
connections, two operators of water systems having between one hundred and two
hundred service connections, two operators of water systems having between two
hundred and three hundred service connections, two operators of water systems
having between three hundred and four hundred service connections, two operators
of water systems having between four hundred and five hundred service
connections, and two county public health officials. The members shall be
chosen from different geographic regions of the state. This committee shall
develop draft rules to implement this section. The draft rules will then be
subject to the rule-making procedures in accordance with chapter 34.05 RCW.
(8) The department shall notify existing public water systems of the
requirements of RCW 70.119A.030, 70.119A.060, and this section at least one
hundred twenty days prior to the date that an application for a permit is
required pursuant to RCW 70.119A.030, 70.119A.060, and this section.
(9) The department shall issue one operating permit to any approved
satellite system management agency. Operating permit fees for approved
satellite system management agencies shall be one dollar per connection per year
for the total number of connections under the management of the approved
satellite agency. The department shall define by rule the meaning of the term
"satellite system management agency." If a statutory definition of this term
exists, then the department shall adopt by rule a definition consistent with the
statutory definition.
(10) For purposes of this section, "group A public water system" and
"system" mean those water systems with fifteen or more service connections,
regardless of the number of people; or a system serving an average of twenty-
five or more people per day for sixty or more days within a calendar year,
regardless of the number of service connections.
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{+ NEW SECTION. +} Sec. 19. 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.
Passed by the House June 5, 2003.
Passed by the Senate June 10, 2003.
Approved by the Governor June 20, 2003.
Filed in Office of Secretary of State June 20, 2003.
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RCW 70.116.060
Approval of coordinated water system plan - Limitations
following approval - Dispute resolution mechanism - Update or
revision of plan.
(1) A coordinated water system plan shall be submitted to the secretary for design approval within two years of the
establishment of the boundaries of a critical water supply service area.
(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the
requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall
not approve those portions of a coordinated water system plan that fail to meet the requirements for future service area
boundaries until any boundary dispute is resolved as set forth in RCW 70.116.070.
(3) Following the approval of a coordinated water system plan by the secretary:
(a) All purveyors constructing or proposing to construct public water system facilities within the area covered by the
plan shall comply with the plan.
(b) No other purveyor shall establish a public water system within the area covered by the plan, unless the local
legislative authority determines that existing purveyors are unable to provide the service in a timely and reasonable
manner, pursuant to guidelines developed by the secretary. An existing purveyor is unable to provide the service in a
timely manner if the water cannot be provided to an applicant for water within one hundred twenty days unless specified
otherwise by the local legislative authority. If such a determination is made, the local legislative authority shall require the
new public water system to be constructed in accordance with the construction standards and specifications embodied in
the coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the
affected utilities shall be revised to reflect the decision of the local legislative authority.
(4) The secretary may deny proposals to establish or to expand any public water system within a critical water supply
service area for which there is not an approved coordinated water system plan at any time after two years of the
establishment of the critical water supply service area: PROVIDED, That service connections shall not be considered
expansions.
(5) The affected legislative authorities may develop and utilize a mechanism for addressing disputes that arise in the
implementation of the coordinated water system plan after the plan has been approved by the secretary.
(6) After adoption of the initial coordinated water system plan, the local legislative authority or the secretary may
determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the
secretary may initiate an update no more frequently than once every five years. The update may encompass all or a
portion of the plan, with the scope of the update to be determined by the secretary and the legislative authority. The
process for the update shall be the one prescribed in RCW 70.116.050.
(7) The provisions of subsection (3) of this section shall not apply in any county for which a coordinated water system
plan has not been approved under subsection (2) of this section.
(8) If the secretary initiates an update or revision of a coordinated water system plan, the state shall pay for the cost
of updating or revising the plan.
[1995 c 376 S 2; 1977 ex.s. c 142 S 6.]
Notes:
Findings -- 1995 c 376: "The legislature finds that:
(1) Protection of the state's water resources, and utilization of such resources for provision of public water supplies,
requires more efficient and effective management than is currently provided under state law;
(2) The provision of public water supplies to the people of the state should be undertaken in a manner that is
consistent with the planning principles of the growth management act and the comprehensive plans adopted by local
governments under the growth management act;
(3) Small water systems have inherent difficulties with proper planning, operation, financing, management and
maintenance. The ability of such systems to provide safe and reliable supplies to their customers on a long-term basis
needs to be assured through proper management and training of operators; LOG ITEM
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RCW 70.116.060: Approval of coordinated water system plan - Limitations following a... Page 2 of 2
(4) New water quality standards and operational requirements for public water systems will soon generate higher
rates for the customers of those systems, which may be difficult for customers to afford to pay. It is in the best interest
of the people of this state that small systems maintain themselves in a financially viable condition;
(5) The drinking water 2000 task force has recommended maintaining a strong and properly funded statewide
drinking water program, retaining primary responsibility for administering the federal safe drinking water act in
Washington. The task force has further recommended delegation of as many water system regulatory functions as
possible to local governments, with provision of adequate resources and elimination of barriers to such delegation. In
order to achieve these objectives, the state shall provide adequate funding from both general state funds and funding
directly from the regulated water system;
(6) The public health services improvement plan recommends that the principal public health functions in
Washington, including regulation of public water systems, should be fully funded by state revenues and undertaken by
local jurisdictions with the capacity to perform them; and
(7) State government, local governments, water suppliers, and other interested parties should work for continuing
economic growth of the state by maximizing the use of existing water supply management alternatives, including
regional water systems, satellite management, and coordinated water system development." [1995 c 376 ~ 1.]
http://apps.leg.wa.gov/RCW/default.aspx?cite=70.116.060
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1 ilii2006
46780\cwsp\sec2.doc
June 30, 1997
o Other portions of the Bill, including those authorizing a State Revolving
Fund financial assistance program, and the use of administrative
penalties to fund training and technical assistance activities, will provide
important future resources. The effective date of this legislation was July
22, 1995.
2.9 Coordinated Water System Plan Update
In accordance with the provisions of the Public Water System Coordination Act as
amended by ESSB 5448 (above), the CWSP should be reviewed and updated by the
WUCC every six years, or sooner, if necessary.
2.10 Periodic Committee Review
The WUCC has determined that it should continue as a standing committee and
meet periodically to address issues of regional significance and to review
implementation issues regarding this CWSP. A subcommittee should be
established within the WUCC with responsibility to meet at least annually to
review the effectiveness of and the need for any subsequent changes to the
Minimum Design Standards.
The WUCC and County Commissioners have considered the role and function of the
WUCC in overall water policy issues. As a result of those discussions, the
Commissioners passed a resolution regarding the role of the WUCC in overall
County water policy. This resolution is presented as Exhibit 2-4. To implement
this CWSP and the roles envisioned by the Commissioners, the full WUCC should
meet at least twice a year to assess implementation progress and to take up any
assignments provided to them by the County Commissioners.
2.11 Environmental Document
Adoption of the CWSP by the DOH, and adoption of individual WSPs by public
water purveyors, constitute "actions" under the State Environmental Policy Act
(SEPA) of 1971, Chapter 43.21C RCW and WAC 197-11-704. This adoption action
is not categorically exempt under the SEPA rules. At a minimum, SEPA rules
require the preparation of an "environmental checklist" and a threshold
determination. The CWSP and WSPs, therefore, must be accompanied by
appropriate environmental (SEPA) documents.
j
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11
The CWSP establishes administrative, management, and policy procedures to l,~:...~.'......'...,..'
respond to the needs of existing and future customers in the County. It is intended \
to address regional concerns within the County not ordinarily included in each "
utility's WSP. Examples of regional issues are: potential shared facilities, regional II
sources of supply, procedures for reviewing and approving future water use!
activities, minimum design standards, designated water utility service aretb~1TEM I',!
water utility management policies, # (4 \ ..1
The Coordinated Water System Planning Process Paoe '--;2;;0 of '-.:Lj
8. 2r 5S~ \3 StI'f 8'
Abbreviated Coordinated Water
System Plan (ACWSP)
Guidance
August 8, 2001
Environmental Health Programs
Division of Drinking Water
DOH #331-152
LOG ITEM
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For more information or
additional copies of this report contact:
Department of Health, Division of Drinking Water
P.O. Box 47822
Olympia, W A 98504-7822
Toll-free: 1-800-525-0323
The Department of Health is an equal opportunity agency. If you need this publication in an
alternative format, please call 1-800-525-0127 (voice) or 1-800-833-6388 (TDD relay service).
This and other publications are also available on the department's web site
http://www.doh.wa.gov/ehp/dw/Our_Main_Pages/newpub2.htm
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Contents
INTRODUCTION .......... ................................ ........ ..................... ......................... ........................2
LEGAL AUTHORITY..... ..... ...................... .......... ........................ ....................... ................... ...... 2
ACWS P MAJOR ELEM ENTS .................. ................................. ....................... .............. ............ 3
Service Area Boundaries...................................................................................................................... .....3
Minimum Design Criteria.........................................................................................................................4
Review Process .......................................................................... ............................................................... 5
DEVELOPMENT OF AN ACWSP - SUGGESTED APPROACH ................................................6
Introduction, Roles and Responsibilities.................................................................................................. 6
Identification of Issues and Concerns....................................................................................................... 6
Water Utility Coordinating Committee (or Advisory Committee) ...........................................................6
Study Area Boundary ................................................................................................................................ 7
Plan Development..................................................................................................................................... 7
Plan Adoption and ApprovaL.................................................................................................................... 8
Plan Effect......................................................................................................................... ........................9
Updating thePlan.......................................................................................................................................9
COMPARISON OF THE COORDINATED WATER SYSTEM PLAN (CWSP) AND THE
ABBREVIATED COORDINATED WATER SYSTEM PLAN (ACWSP) .......................................9
Process Requirements ..................................................... .......... ..................... ........................... ............ ..1 0
Required Elements..................................................................................................................................1 0
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Introduction
In 1995, to promote coordinated water system planning efforts, the legislature passed E2SSB
5448. A segment of the bill revised sections of RCW 70.116 (The Public Water System
Coordination Act) to allow for the development of an Abbreviated Coordinated Water System
Plan (ACWSP).
An ACWSP uses a simplified process addressing a limited scope of key plan elements to meet
essential water utility planning needs. The process may be used only in those areas where the
Coordination Act has not already been implemented.
Several areas have expressed interest in using selected elements of the 'Coordination Act'. The
purpose of this guidance document is:
· To help local governments and water utilities develop the ACWSP,
· To identify mandatory elements and processes needed to fulfill the requirements of an
ACWSP,
· To discuss the major plan elements and to provide clarification on their use and integration,
· To suggest one process which may be used in the development of the plan, and
· To identify the major differences between the development of the ACWSP and the full
CWSP.
Note: The use of this guideline and its suggested approach is voluntary.
Legal Authority
The Public Water System Coordination Act (the Coordination Act) can be found in its entirety in
RCW 70.116. The ACWSP is a small section of the Coordination Act. Key elements of the
provisions for the development and completion of the ACWSP can be found in RCW
70.116.050 (8), which states:
"Any county legislative authority may adopt an abbreviated plan for the provision of water
supplies within its boundaries that includes provisions for service area boundaries,
minimum design criteria, and review process.
The elements of the abbreviated plan shall conform to the criteria established by the
department under subsection (4) of this section and shall otherwise be consistent with
other adopted land use and resource plans.
The county legislative authority may, in lieu of the committee required under RCW
70.116.040, and the procedures authorized in this section, utilize an advisory committee
that is representative of the water utilities and local governments within its jurisdiction to
assist in the preparation of the abbreviated plan, which may be adopted by resolution and
submitted to the secretary for approval.
PUNeyors within the boundaries covered by the abbreviated plan need not develop a
water system plan, except to the extent required by the secretary or state board of health M
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Any abbreviated plan adopted by a county legislative authority pursuant to this subsection
shall be subject to the same provisions contained in RCW 70.116.060 for coordinated
water system plans that are approved by the secretary,"
Note: RCW 70. 116.050 (8) was revised by E2SSB 5448 in 1995. This section of RCW must
be used in conjunction with WAC 246-293. If inconsistencies arise between RCWand WAC,
the local legislative authority should maintain RCW consistency. It is anticipated that WAC 246-
293 will be revised in the future.
Note: The statute states " Purveyors within the boundaries covered by the abbreviated
plan need not develop a water system plan, except to the extent required by the
secretary or state board of health under other authority." Historically, areas involved
coordinated planning (CWSP) under WAC 246-293 have had additional categories of
water systems (over the categories noted in WAC 246-290-100 (2)) required to
complete a Water System Plan (see WAC 246-293-230 (1). ACWSP Water System
Planning requirements follow those found in WAC 246-290-100 (2), and do not include
the additional categories noted in WAC 246-293-230 (1).
ACWSP Major Elements
RCW 70.116.050 (8) provides that an ACWSP must address (at a minimum) the
following elements: service area boundaries, minimum design criteria, and a review
process.
The basis for each of these elements is outlined in other sections of RCW 70.116 as well as in
WAC 246-293. For each, this guidance document defines the element, explains its purpose,
and identifies its content. The document also explains how the key elements fit into ACWSP
implementation.
Service Area Boundaries
Definition:
A service area boundary of a public water system holds within it 1) its existing service area
[RCW 70.116.030 (6) and WAC 246-293-110 (11)] and 2) its future service area [WAC
246-293-110 (12)]. Generally, a public water system's service area encompasses those
areas that are currently being provided service, as well as those areas where the public
water system is planning on providing service in the future.
Note: There is no specific timeframe for which service must be provided within a system's
service area boundaries (i.e., the service area boundary could represent a 6 year, 20 year
or 50 year planning horizon), but the system must be able to provide service within its
delineated service area boundary in a timely and reasonable manner. It is recommended
that a 20-year planning horizon be used in order to be consistent with growth management
and water system planning timeframes.
Purpose:
Delineation of service areas helps to prevent overlapping or redundant services, which can
be costly to the utility and its customers. Clear identification of areas of resPcr~i"'EM
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allows for consistent and logical planning. The assumption is made that a utility has the
ability to provide service in a timely and reasonable manner within its service area
boundaries and is provided the right of first refusal. Service area boundaries are
delineated during the development or revision of an ACWSP. Service areas that are larger
than the system's existing service area allow for future system expansion.
Content:
The final product should include a map (or maps) of the study area, with service areas
delineated for all systems interested in expanding. It is recommended that the county and
each affected utility enter into an agreement that declares the boundaries accurate and
identifies the expectations regarding designated services areas. Copies of these
agreements should be included in the ACWSP.
Note: Service Area Boundaries are often referred to as "Future Service Areas." The two
terms may often be interchangeable.
Minimum Design Criteria
Definition:
Minimum performance criteria that must be adhered to within the study area in the design
of facilities.
Purpose:
Minimum design criteria help insure that public water systems throughout a defined study
area are constructed in a consistent manner. This consistency will facilitate future
interconnection between utilities and help protect public health and safety. Consistent
design criteria can save costs as new components may be ordered in larger quantities and
be more readily available in emergency situations.
Content:
Generally, a major focal point of the design criteria will be to identify level of service
standards for fire flow throughout the area. These standards help assure that adequate
source storage and transmission are developed to meet system needs. Part III (fire flow)
of the Coordination Act (Chapter 246-293 WAC) identifies specific minimum requirements
to meet these objectives. These rules specifically apply to new water systems and
expansions of existing water systems. Level of service requirements are determined by
land use densities and type of service (residential, commercial, industrial, etc.). Fire flow
capacities may address the need for minimum pressures under peak conditions and
identify types, locations, and spacing requirements for fire hydrants. Since the minimum
requirements are designed to reflect a level of planning required, some types of uses may
be subject to higher fire flow standards which the local fire authority must evaluate on an
individual basis by.
The plan should identify:
. fire flow rate and duration
· minimumlmaximum system pressures
· minimum pipe sizes
· piping materials
. water quality parameters
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. average and maximum daily demands
. peak hour demands
. storage requirements
· telemetry systems
. backup power requirements
· valve and hydrant spacing
. looping,
. intertie standards
. joint facilities
Depending upon the local legislative authority's goals regarding the minimum design
criteria, scope and complexity of the identified criteria may be broad. Other components of
the minimum design criteria may include such topics as distribution mains and dead end
sizing, valves, service metering, cross connection control, conservation/reuse, easements
thrust blocking, and bedding requirements.
Note: The terms 'minimum design criteria' and 'minimum design standards' are
interchangeable.
Review Process
Definition:
The review process is the process for assessing requests for water service within a defined
study area.
Purpose:
The purpose of the review process is to ensure that:
· Requests for service made to local and state agencies are directed to the
appropriate water system
· Appropriate steps are taken to limit the creation of new public water systems
. New developments are served in a manner consistent with local plans and policies
. Water systems created to meet minimum design criteria.
Content:
The plan should include a narrative description of the review process and a flowchart. The
process should refer requests for water service to the designated utility, an adjacent utility,
an SMA, or a new utility. The process should include an appeals procedure that
recognizes issues of "timely and reasonable."
Note: The terms 'review process, , 'Utility Review Service Procedure,' 'Utility Service
Review Procedure,' and 'Utility Review Procedure' are interchangeable.
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Development of an ACWSP - Suggested Approach
Introduction, Roles and Responsibilities
Although RCW 70.116.050 (8) does not specifically require identification of utility problems,
delineation of a study area boundary, or formation of a WUCC (or an advisory committee),
these elements and actions are important to identifying issues and appropriate process
participants.
Identification of Issues and Concerns
The local legislative authority should begin development of an ACWSP by identifying issues
and concerns such as uncoordinated planning, overlapping or informal service area boundaries,
inadequate water quality, unreliable service, and jurisdictional differences. The local legislative
authority should consider issues raised by interested parties.
The identification of issues and concerns should be documented either in a brief communication
from the local legislative authority or in a more formal document. The local legislative authority
determines the appropriate degree of formality.
Water Utility Coordinating Committee (or Advisory Committee)
After documenting the issues and concerns, the local legislative authority should appoint
members to either a Water Utility Coordinating Committee (WUCC) or an advisory committee to
assist the local legislative authority in formal plan preparation. The determination of the type of
committee (WUCC or advisory committee) is left to the local legislative authority.
The success of any planning venture depends on its value to the community. Interested parties
should have the broadest possible access and involvement during the plan development stage.
Many communities have chosen to invite participation by all Group A community purveyors and
larger Group A non-community purveyors. Other possible participants may also include tribes,
state agencies (Le., DOE, DOH and the Office of Community Development), local health
jurisdictions, other area groups (Le., city and regional planning, ground water, growth
management, watershed), fire departments, other utility planners (Le., electricity, sewer, gas)
and interested elected officials. DOH strongly recommends that the WUCC or advisory
committee include fire authority representation. Once appointed, the committee becomes
responsible for recommending the location of the study area boundary to the local legislative
authority and for participating in the development of the ACWSP.
If a formal WUCC is used, membership must include at least one representative from each of
the following: the county legislative authority, the county planning agency, the local health
jurisdiction, and each water purveyor with over fifty services. Additional participants may be
included in the WUCC as determined by the local legislative authority.
If the local legislative authority chooses to use a less formal advisory committee, membership
must be representative of the water utilities and local governments in area.
Note: Public water systems are represented by a number of types of ownerships: associations,
private for profit, municipal (city, county, PUD, water district, irrigation district), state r6G 'TEM
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federal). The committee (WUCC or advisory committee) could contain a number of purveyors,
each representing a separate group.
Study Area Boundary
Once an area's issues and concerns are documented and the WUCC or advisory committee
has been appointed, the local legislative authority in conjunction with the committee should
identify and document the study area boundary. If necessary, the study area boundary may be
amended upon the completion of the other elements of the ACWSP.
In determining the study area boundary, the local legislative authority and WUCC or advisory
committee should carefully consider how the boundary interacts with other jurisdictional and
planning areas and their related policies.
Plan Development
Development of the ACWSP begins after the study area is identified and documented.
Educational Process:
An important element in the development of the ACWSP is an educational process for the
WUCC or advisory committee members in which the local legislative authority (with
technical assistance provided by DOH) introduces the group to the process. Topics should
include background on the need for an ACWSP, general goals of the plan, goals of the
minimum design criteria and service ar~as, limitations of the plan, location of the draft
study area boundaries, roles of the WUCC or advisory committee members, and
timeframes for developing the plan.
Notification:
To insure adequate participation, the local legislative authority should notify all Group A
purveyors within the study area of the development of the ACWSP. Comments received
from these purveyors on elements of the ACWSP should be considered. Special effort
should be made to insure that the plan is consistent with adopted land use and resource
plans.
Service Area Boundaries:
Delineation of service area boundaries is a required element of the ACWSP. These
boundaries delineate the area a public water system has planned for and is expected to
serve. If a public water system is expecting to expand or has over 100 connections, it is
strongly urged to delineate its service area boundary. If a public water system does not
identify a service area boundary, it is assumed that no expansion is anticipated. If an
undocumented service area becomes imbedded within a documented service area, the
system with the imbedded service area will not be allowed to expand without modifications
to service area boundaries. See WAC 246-290-010 for a definition of 'expanding public
water system.'
The ACWSP should include a formal method for documenting service area boundaries and
a process for altering them.
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Note: In order for a service area boundary to be valid, it must be identified in the ACWSP
and be consistent with an approved Water System Plan (where applicable).
Appeals Process:
The ACWSP should include an appeals process which deals with issues of 'timely and
reasonable' .
Review Process:
Development of the review process (page 5) is a required element of the ACWSP. A
successful review process requires close coordination with affected agencies (Le., county
planning, county utilities, county health, fire districts, DOH, etc.) and attention to the details
of daily operation.
Minimum Design Criteria:
A set of minimum design criteria is a required element of the ACWSP. The goals of these
criteria should be discussed early in the development of the ACWSP. The structure of
minimum design criteria can vary dependent upon area issues andlor complexity, and can
range from very loose to very precise. The local legislative authority may consider
alternative requirements for very small systems (Group B systems) or systems located
outside of Urban Growth Area boundaries.
The local legislative authority should involve the County Fire Marshall, Fire Districts, Fire
Departments, the local health authority, local planning agencies, and DOH in the
development of minimum fire flow requirements for an area. Considerations relating to the
provision of power may also be pertinent to the discussion, and it may be useful to include
a representative from the local power utility.
Public Input:
Following the development of the draft ACWSP, the local legislative authority should hold a
public hearing or information meeting in conjunction with the WUCC or advisory committee
to discuss the draft ACWSP with the public. Any comments received should be considered
and incorporated into the draft ACWSP as appropriate.
Plan Adoption and Approval
The local legislative authority is responsible for adopting the ACWSP. After adoption, the plan
should be submitted to DOH for review and approval. Coordination between the local
legislative authority, the WUCC or advisory committee, and DOH should occur prior to adoption
by the local legislative authority. DOH will not approve an ACWSP that has not been adopted
by the local legislative authority.
In order for an ACWSP to receive DOH approval, the required elements of the plan (provisions
for service area boundaries, minimum design criteria and a review process) must conform to
RCW 70.116.050 (4). Specifically, the elements must:
· Be reviewed by appropriate local governmental agencies to insure consistency with adopted
plans and policies related to land use and shoreline master programs.
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Note: It is suggested that affected agencies be involved in the development of the ACWSP.
This will help to insure consistency of the final document and will streamline local
governmental review of the plan.
· Recognize all water resource plans, water quality plans, and water pollution control plans
which have been adopted by units of local, regional, and state government.
· At a minimum, meet fire protection requirements as identified in WAC 246-293-601.
· Identify future service area boundaries of utilities within the study area.
Any portion of the plan that contains or identifies boundary disputes (overlapping future service
area boundaries) will be excluded from DOH's approval. No new public water systems will be
approved in those areas that have boundary disputes.
DOH will review the ACWSP in a manner consistent with its policy entitled "Timeline, Water
System Plan Review and Approval."
Plan Effect
Once the ACWSP is approved by DOH:
· All subsequent water system plans submitted to DOH for review and approval must be
consistent with the ACWSP.
· All purveyors constructing or proposing to construct public water system facilities within the
study area covered by the plan must comply with the ACWSP.
· A purveyor has the right to provide service within its designated service area until the local
legislative authority determines that a specific request is not timely andlor reasonable (See
"timely and reasonable" guidance criteria).
Updating the Plan
The local legislative authority will determine how often or under what circumstances the
ACWSP will be updated.
If the ACWSP is being updated, it is suggested that the original WUCC or advisory committee
be notified and that the ACWSP be updated in the same manner as it was originally developed.
The local legislative authority may determine that original representatives of the committee are
no longer connected with the entities they originally represented. The local legislative authority
may designate new committee members in the update of the ACWSP.
Comparison of the Coordinated Water System Plan (CWSP)
and the Abbreviated Coordinated Water System Plan
(ACWSP)
The intent behind development of both the CWSP and the ACWSP is to provide an avenue for
coordination between entities in order to maximize efficient and effective developmet8aeiTEM
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water supply. The major differences between the coordinated planning programs can be
separated into two groups: process requirements and required elements.
Process Requirements
CWSP
Development of a CWSP begins with an assessment of the need to create a Critical Water
Supply Service Area. Once the local legislative authority has determined that there are water
supply problems related to uncoordinated planning; inadequate water quality; or unreliable, it
(or the Department of Health) declares a Critical Water Supply Service Area (CWSSA). Once a
CWSSA is designated, the local legislative authority appoints members to the Water Utility
Coordinating Committee (WUCC). The WUCC consists of one representative from: the county
legislative authority, the county planning agency, the local health jurisdiction, each water
purveyor over fifty services; and other interested persons as determined by the local legislative
authority. Once appointed, the WUCC becomes responsible for recommending external study
area boundaries to the local legislative authority and for development of the CWSP.
Following the completion of the draft CWSP, it is submitted by the WUCC to the local legislative
authority. In its review process, the local legislative authority must include at least one public
hearing. If the local legislative authority has no comments within sixty days of receiving the
draft CWSP, DOH may approve the CWSP. A completed CWSP must be submitted to DOH
for review and approval within two years of the WUCC's establishment of the external
boundaries of the CWSSA. This action is not dependent upon local legislative authority
adoption of the CWSP.
ACWSP
The development of an ACWSP does not require the declaration of a CWSSA, nor does it
require a formalized WUCC. The local legislative authority has the flexibility to either appoint a
WUCC or utilize an advisory committee that is representative of the water utilities and local
governments within its jurisdiction. The WUCC (or advisory committee) assists in the
preparation of the ACWSP.
Note: The local legislative authority determines who is responsible for development of the
ACWSP text.
The ACWSP is only required to be submitted for review and approval to DOH if the ACWSP
has been adopted by the local legislative authority.
Required Elements
A final full CWSP must:
a) Assess related, adopted plans.
b) Identify future service areas.
c) Designate minimum area wide water system design standards, including fire flow
performance standards.
d) Include a Utility Service Review Procedure
e) Assess the potential for joint-use or shared water system facilities andlorLOG 'TEM
management programs.
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f) Include satellite management requirements.
g) Include policies and procedures that generally address failing water systems.
h) Contain a compilation of water system plans from purveyors within the external
CWSSA boundaries.
A final ACWSP must include only three of these elements: service area boundaries,
minimum design criteria, and a review process
The following table shows the required elements for each type of plan.
Element
CWSP
Element
..J
..J
..J
..J
..J
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..J
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ACWSP
Element
Assessment of related plans
Identification of future service areas (service area boundaries)
Designation of minimum design standards (minimum design criteria)
Utility Service Review Procedure (review process)
Assessment of the potential for joint use facilities and programs
Satellite Management
Policies and procedures which address failing water systems
Compilation of Water System Plans
..J
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Dungeness-Quilcene Water Resources Management Plan
J.11.1 Because of these concerns the following recommendations are made:
J.l1.1.1 The Department of Ecology should develop standards and assure that
wells will not detrimentally impact in stream flow, contribute to seawater
intrusion, adversely affect existing uses or hydraulic continuity.
J 11 1 2:'::New::r'ii~1r~if:gh0.~d"~'~r~"~g.:~~:tifm!iii:":':"ellS""
J: 11: 1 :3::::;~!i~;t~~~~~~~~~~~:'i~it;$;;~~~ii~~_~t~f:Et;:gy".;:
::~w~t;!~ffl#.t:,l4 Ecology should propose legislation and develop a water
permit system for all future wells which includes standards that can be
us~d to provideproofthatthese wellsarenot: ... . "
. "" ." . a:" in hydriuliccontinuiry with any stream or river; "
: b..:.contributmgtciseawatei'iritnision concerns; or
c. adversely affecting existing uses.
~::gH~n::;irtim~~fit:~:de~~.;f::::3tNt:mr-e::~:::s.lIDmd::I~::tJ!ii:imt.~:tfl'"
., ,... ............ ............ ... .', .......... .... :', ,,'~f:'::~~':"'~""':;""""" ..........:.:.....:...........:.. ,.....0.... .... . ,', ~~... .:'. '"0-":"':',':>'
~IDP!y:~~WhlfMelfi:i:'ifiiliW~~~{
J .11.1. 4 The drillers reports for all existing wells with less than 5 000 gallons/day
use should be logged by the local health department and the information
entered into the DQ and Ecology databases. M~~.el~j~filiUliJ~~W.gi~~k.
:~mmf~fdM.~~~~'Ml!?:f:~bt:Mk!~:~~m~~~
J.l1.1.5 In recognition that grounci"waier'm."ay be relied upon in the future for
municipal supply, land-use plans and actions by governments (County
and City) should recognize and protect aquifer recharge critical areas. In
· aiei:ls where development occurs around community wells, well head
protection programs should be implemented. . .
1.11.1.6 Incentives should be developed by Ecology, the DOH and other agencies
to encourage community water systems. Such systems should be
metered. The consequences of joining a community system should be
made financially advantageous without subsidies. The community
systems should be affordable and have sufficient infrastructure to provide
adequate maintenance and management services.
1.11.1.7 A complete ground-water study should be done, adding to the
information from the Eastern Jefferson County Ground-Water
Characterization study, to determine the ground-water resources, their
status, and to describe the aquifers and areas of risk accurately. A
comprehensive hydraulic continuity investigation should be completed to
determine the impact of the management of the streams on ground water.
14 There was alot of discussion about the results of this recommendations. Concerns included costs of
implementation and timeliness of issuing permits.
LOG 'TEM
7.32 East Jefferson County Recommendations
L
Dungeness-Quilcene Water Resources Management Plan
<~.round.WaterR.6
Pursue technical investigations on the status of ground water, to maintain its quantity
and quality and to protect recharge and quantities for outflow Iwithdrawals.
FURTHER:
A. Limit water use through conservation
programs.
B. Meter community wells, and monitor selected
wells to calculate the total ground-water
withdrawal from the region and to avoid the
mining of ground-water resources.
C. Encourage the use of community water
systems.
ACTION CHART
D. Direct municipal and residential water supplies
to locations and depths so as to minimize the
risk of hydraulic continuity.
E. Acknowledge that the affects of irrigation
conservation on recharge may not be
predictable.
F. Mimic nature to allow recharge and runoff to
wetlands, small streams and ground water.
# NEXT SIX POSSIBLE COST
PROPOSALS FOR ACTION 1994 FIVE TO 20 IMPLEMENTING
/1995 YEARS YEARS AGENCY
PROJECTS and ACTIONS
R.6 Pursue technical studies on the status of ***** ***** Watershed Council: including
ground water to protect ground water from Cities, Counties, PUDs, Tribes,
1I011ution or over-allocation and use. public interests
R.6.1 Limit volume of water use through ***** ***** ***** Watershed Council: including
conservation. Cities, Counties, PUDs, Tribes,
public interests
R.6.2 Meter community wells, and monitor selected ***** ***** ***** Cities, Counties, PUDs
wells.
R.6.3 Encourage the use of community water systems. ***** ***** ***** Watershed Council: including
Cities, Counties. PUDs, Tribes,
Dublic interests
R.6.4 Direct municipal and residential water supplies ***** ***** ***** Cities, Counties. PUDs
to locations and depths so as to minimize the
risk ofhvdraulic continuity.
R.6.5 Acknowledge the impacts of irrigation ***** ***** Watershed Council: including
conservation practices on recharge may not be Cities, Counties, PUDs, Tribes,
predictable. public interests
R.6.6 Mimic nature to allow recharge and runoff to ***** ***** Watershed Council: including
wetlands, small streams and ground water. Cities, Counties, PUDs, Tribes,
public interests
The projects, programs and regulations listed are a starting place. As studies are undertaken, and changes
made, some actions will need to be amended, in or some cases, replaced with other proposals found to be better
or more feasible.
Storage R.7
No new storage is proposed due to habitat concerns, cost effectiveness, and lack of
demonstrated need.
ACTION CHART
#
PROPOSALS FOR ACTION
PROJECTS and ACTIONS
R.7
No large on-river storage is proposed.
8.6 Implementation Strategies
1994
/1995
NEXT
FIVE
YEARS
POSSIBLE
IMPLEMENTING
AGENCY
COST
SIX
T020
YEARS
*****
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Dungeness-Quilcene Water Resources Management Plan
Ground Water J.IO - J.II
Maintain both the quality and quantity of ground water, through policies and protection of
hydrologic base flows and existing water rights which provide for reasonable maintenance of
the natural water resources.
FURTHER:
A. To protect ground-water recharge, consider and
implement the principles, and policies using the
Implementation Tools in J.9.6.
B. Ground Water Management: Protect ground water
from pollution and over-allocation, using the
recommendations in J. 10. 1.
ACTION CHART
# NEXT SIX POSSIBLE COST I
PROPOSALS FOR ACI'ION 1994 FIVE T020 IMPLEMENTING I
/1995 YEARS YEARS AGENCY
PROJECTS and ACTIONS
J.10 Protect and preserve ground water ***** ***** Watershed Council,
recharge. CWSP, especially,
Countv, Citv, PUD.
J.lO.I Consider the principles in J.l0.1. ***** ***** Watershed Council,
especially County, City,
and PUD.
J.I0.2 Consider the purposes of the policies in 1.10.2. ***** ***** Watershed Council,
especially County, City,
and PUD
J.l 0.3 Implement the policies in J.I0.3. ***** ***** Watershed Council,
especially County, City,
and PUD.
J.l 0.4 Address policies to protect ground-water quality ***** ***** County, City, PUD
and adequate recharge in all land and water
management olans, oroe.rams, and ree.ulations.
J.l 0.5 Provide for the "Needs" in J.I 0.5. ***** ***** County, City, PUD
J.l0.6 Consider the imolementation tools in 1.10.6. ***** ***** County, City, PUD.
J.lt Protect "round water in the rel'ion. ***** *****
1.11.1.1 Develop standards for wells to assure there will ***** ***** Ecology
be no detrimental impact to instream flow,
seawater intrusion or affect existing uses.
J.I1.1.2 Establish legislation to require permits for all ***** Ecology, Legislature
new wells.
J.I1.1.3 ReQuire oermits for all future new wells. ***** ***** ***** Ecoloe.v
J.l1.1.4 Log drillers reports locally and enter in ***** ***** Watershed Council,
data bases . including County, City,
PUD, Health Dept.,
Ecoloe.v
J.l1.1.5 Protect aquifer recharge areas in future land use ***** ***** ***** City, County, State.
acti ons.
J.l1.1.6 Develop incentives to encourage community ***** ***** Ecology, DOH, City,
svstems; meter communitv svstems. County, PUD
J.l1.1.7 Complete a comprehensive ground-water ***** ***** Watershed Council in
resources studv. coooeration with State
J.l1.1.8 Design land use patterns to encourage and ***** ***** City, County, State
influence the development of community
well Systems.
The projects, programs and regulations listed are a starting place. As studies are undertaken, and changes made, some
actions will need to be amended, in or some cases, replaced with other proposals found to be better or more feasible.
#
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Implementation Strategies 8.29
Dungeness-Quilcene Water Resources Management Plan
Water Rights J.12
Determine the amount of surface water that can be saved for transfer to in stream flows and
implement the changes when appropriate.
FURTHER:
A. Redefine "beneficial uses" to allow for return of unused water to augment instream flow, with no losses of water
rights.
ACTION CHART
# NEXT SIX POSSIBLE COST
PROPOSALS FOR ACTION 1994 FIVE T020 IMPLEMENTING
/1995 YEARS YEARS AGENCY
PROJECTS and ACTIONS
J.12 Detennine amount of surface water rights can ***** ***** Ecology in cooperation
be saved for transfer to instream flows, with Watershed Council
and imnlement chanl!e.
J.12.1 Redefme beneficial uses to allow for return of ***** ***** Ecology
unused water to augment instream flow, with no
loss of water rights.
The projects, programs and regulations listed are a starting place. As studies are undertaken, and changes made, some
actions will need to be amended, in or some cases, replaced with other proposals found to be better or more feasible.
Storage J.13
Consider storage and surface water run-off, especially in areas where no surface or ground-
water availability exists.
FURTHER: sponge capacity of their land; consider BMP's in
A. Complete a cost analysis of storage options. PSWQA manual to provide storage and ground-water
B. Conduct a complete environmental analysis of recharge.
preliminary storage options and sites. The projects, programs and regulations listed are a
C. Identify "mini" storage systems or practices. starting place. As studies are undertaken, and changes
D. Restore natural sponge capacity of wetlands and made, some actions will need to be amended, in or
other vegetated areas. Complete study of effectiveness some cases, replaced with other proposals found to be
of incentives for property owners for restoring natural better or more feasible.
ACTION CHART
# NEXT SIX POSSIBLE COST
PROPOSALS FOR ACTION 1994 FIVE T020 IMPLEMENTING
/1995 YEARS YEARS AGENCY
PROJECTS and ACTIONS .. :
J.13 Consider storage and surface water runoff ***** ***** CWSP, including
Countv, City, POO
J.13.1 Complete a cost analysis of storage options ***** ***** CWSP, including
County, City, POO
J.13.2 Conduct a complete environmental analysis of ***** ***** CWSP, including
storage ootions and sites. County, City, PUD
ll3.3 IdentifY "mini" storage systems or practices. ***** ****** CWSP, including
County, City, POO
J1I 3.4 Restore natural sponge capacity in wetlands and ***** ***** Watershed Council with
other vegetated areas. CWSP, including
County, City, POO
The proj~cts, programs and regulations listed are a starting place. As studies are undertaken, and changes made, some
actions will need to be amended, in or some cases, replaced with other proposals found to be better or more feasible.
; ----
8.30 Implementation Strategies
Marrowstone Island, W A
First Time Visitors
Index A - Z
Air Quality
Cleanup
Waste & Toxics
Water Quality
Business & Industry
Concerned Citizens
Compliance &
Enforcement
Information Resources
Innovative Solutions
Page 1 of2
u.s. Ii..',....",.' Pro...IIOft A....'
'"
Region 10: The Pacific Northwest )
Recent Additions I Contact Us I Print Version Search: L~~~~~~"" i ...
EEA> RegioIL10_> WateLPage > SoJt;tSolJIceAqlJJfers > Marrowstone
Marrowstone Island, WA
EPA Region 10 received a petition from the Marrowstone Island Community
Association on August 27, 1991, which requested EPA to designate
Marrowstone Island as a Sole Source Aquifer. The population of the Island
varies by season, from about 600 in the winter, to about 1,300 during a peak
summer weekend.
EPA's review of the petition and other data determined that:
. The Marrowstone Island Aquifer System supplies approximately 98
percent of the drinking water to persons living on the island;
. As the area's principal source of drinking water, contamination of the
aquifer system would create a significant hazard to public health;
. The boundary encompasses the entire island and includes all potable
water-bearing geologic units underlying the Island;
. There are no feasible alternative source(s) of drinking water which
could replace the aquifer system, should it become contaminated.
Water quality studies have discovered elevated chloride concentrations that
indicate seawater intrusion is occurring in the fresh water aquifer system
underlying the Island. This intrusion of seawater is the result of increased
pumping of the aquifers, which is attributable to the increase in Island
population.
You will need Adobe Acrobat Reader, available as a free download, to view some
of the files on this page. See EPA's ~Dllage to learn more about PDF, and for a
link to the free Acrobat Reader.
Designation (Federal Register - as
proposed)
Support Documents
Map.
· Maps of individual SSAs are not available at this time. The map provided here
includes all designated SSAs in Region 10
Unit: Office of Environmental Assessment
Point of contact: Martha Lentz
Email: lentz.martha@epa.gov
Phone Number: (206) 553-1593
Last Updated: 08/16/2005 01:27:17 PM
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EPA Home I Privacy and Security Notice I Contact Us
URL: http://yosemite.epa.gov/R10IWATER. NSF ISole+Source+Aquifers/Marrowstone
http://yosemite.epa.gov/RI0/WATER.NSF/bledt256c3d7d444882567e600623096/113b9eb... 1/3/2006
Table DP-4. Profile of Selected Housing Characteristics: 2000
Geographic area: Marrowstone (DP, Washington
[Data based on a sample. For information on confidentiality protection, sampling error, nonsampling error, and definitions, see text]
Subject
Total housing units.. . . . . . .. . . . . . . . . . . .
UNITS IN STRUCTURE
1-unit, detached. . . . . . .. . . . . . . . . . . . . . . . . . . . . . .
1-unit, attached . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 or 4 units. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 to 9 units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 to 19 units................................
20 or more units . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile home.................................
Boat, RV, van, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
YEAR STRUCTURE BUILT
1999 to March 2000 . . . . . . . . . . . . . . . . . . . . . . . . . .
1995 to 1998 . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
1990 to 1994................................
1980 to 1989................................
1970 to 1979 . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
1960 to 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1940 to 1959................................
1939 or earlier..... ..........................
ROOMS
1 room..................... . . . . . . . . . . . . . . . . .
2 rooms.....................................
3 rooms.....................................
4 rooms.....................................
5 rooms.....................................
6 rooms.....................................
7 rooms.....................................
8 rooms.....................................
9 or more rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Median (rooms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occupied housing units...............
YEAR HOUSEHOLDER MOVED INTO UNIT
1999 to March 2000 . . . . . . .. . . . . . . . . . . . . . . . . . .
1995 to 1998................................
1990 to 1994................................
1980 to 1989 .... . . ..........................
1970 to 1979................................
1969 or earlier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VEHICLES AVAILABLE
None...................................... .
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.......................................... .
3 or more ...................................
HOUSE HEATING FUEL
Utility gas ...................................
Bottled, tank, or LP gas. . . . . . . . . . . . . . . . . . . . . . .
Electricity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fuel oil, kerosene, etc. . . . . . . . . . . . . . . . . . . . . . . .
Coal or coke. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wood....... .................. ........... ...
Solar energy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other fuel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No fuel used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SELECTED CHARACTERISTICS
Lacking complete plumbing facilities. . . . . . . . . . . .
Lacking complete kitchen facilities. . . . . . . . . . . . . .
No telephone service . . . . . . . . . . . . . . . . . . . . . . . . .
-Represents zero or rounds to zero. (X) Not applicable.
Source: U.S. Bureau of the Census, Census 2000.
4
Number Percent
542
437
99
6
12
49
93
111
138
32
46
61
20 3.7
19 3.5
50 9.2
93 17.2
183 33.8
71 13.1
56 10.3
42 7.7
8 1.5
5.0 (X)
409 100.0
34 8.3
86 21.0
118 28.9
74 18.1
69 16.9
28 6.8
79
148
182
7
100
221
8
67
6
8
Subject
100.0 OCCUPANTS PER ROOM
Occupied housing units...............
80.6 1.00 or less. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 1.01 to 1.50 .......... . . . . . . . . . . . . . . . . . . . . . . .
- 1.51 or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Specified owner-occupied units. . . . . . . .
- VALUE
- Less than $50,000. . . . . . . . . . . . . . . . . . . . . . . . . . ..
18.3 $50,000 to $99,999...........................
1.1 $100,000 to $149,999.........................
$150,000 to $199,999.........................
$200,000 to $299,999. . . . . . . . . . . . . . . . . . . . . . . . .
2.2 $300,000 to $499,999. . . . . . . . . . . . . . . . . . . . . . . . .
9.0 $500,000 to $999,999. . . . . . . . . . . . . . . . . . . . . . . . .
17.2 $1,000,000 or more. . . . . . . . . . . . . . . . . . . . . . . . . . .
20.5 Median (dollars)..............................
25.5
5.9 MORTGAGE STATUS AND SELECTED
8.5 MONTHLY OWNER COSTS
11.3 With a mortgage . . . . . . . . . . . . . . . . . . . .. . . . . . . ..
Less than $300 . . . . . . . . . .. . . . . . . . . .. . . . ..
$300 to $499 .. .. .. .. .. .. .. .. .. . .. . . .. .. .
$500 to $699 .. .. .. .. .. .. .. .. . .. .. . . .. . ..
$700 to $999 .. .. .. . .. .. .. . . .. .. .. . .. .. ..
$1,000 to $1,499. . . . . . . . . . . . . . . . . . . . . . . . .
$1,500 to $1,999.........................
$2,000 or more ..........................
Median (dollars)..........................
Not mortgaged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Median (dollars)..........................
SELECTED MONTHLY OWNER COSTS
AS A PERCENTAGE OF HOUSEHOLD
INCOME IN 1999
Less than 15.0 percent. . . . . . . . . . . . . . . . . . . . . . ..
15.0 to 19.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
20.0 to 24.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
25.0 to 29.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
30.0 to 34.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
35.0 percent or more . . . . . . . . . . . . . . . . . . . . . . . . .
Not computed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Specified renter-occupied units. . . . . . . .
- GROSS RENT
19.3 Less than $200..............................
36.2 $200 to $299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44.5 $300 to $499 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500 to $749 .. .. .. .. .. .. .. .. . . .. .. .. .. . .. .. .
$750 to $999 .. . . . .. .. .. .. .. .. . . .. .. .. . . . .. ..
1.7 $1,000 to $1,499.............................
24.4 $1,500 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54.0 No cash rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.0 Median (dollars). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16.4 GROSS RENT AS A PERCENTAGE OF
- HOUSEHOLD INCOME IN 1999
1.5 Less than 15.0 percent. . . . . . . . . . . . . . . . . . . . . . . .
- 15.0 to 19.9 percent.............. . . ........ ..
20.0 to 24.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
25.0 to 29.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
- 30.0 to 34.9 percent. . . . . . . . . . . . . . . . . . . . . . . . . .
- 35.0 percent or more . . . . . . . . . . . . . . . . . . . . . . . . .
2.0 Not computed. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
#
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Number Percent
409 100.0
401 98.0
- -
8 2.0
256 100.0
- -
6 2.3
20 7.8
36 14.1
100 39.1
86 33.6
8 3.1
- -
275,400 (X)
123 48.0
- -
8 3.1
22 8.6
20 7.8
23 9.0
18 7.0
32 12.5
1,320 (X)
133 52.0
362 (X)
103 40.2
24 9.4
21 8.2
17 6.6
23 9.0
61 23.8
7 2.7
46 100.0
- -
9 19.6
- -
13 28.3
- -
- -
- -
24 52.2
517 (X)
9 19.6
7 15.2
- -
6 13.0
- -
- -
24 52.2
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10.9.12 West End
Growth will continue as it has in the past. Builders of small and individual
systems should have few issues as they seek groundwater supply.
10.10 Jefferson County Water Supply Strategy
10.10.1 Introduction
The overall strategy for the future water supply of the County would be
intended to reflect the County's policy of facilitating the planning and, as
necessary, provision of water to its constituents, and can be depicted in two
components:
(1) A strategy for Port Townsend, the Quimper Peninsula, and the Tri Area;
which involves:
D Port Townsend's water utility, the PUD, and to some degree Kala
Point Water System and Cape George Colony Club.
D Some uncertainty about the source of supply (surface or ground).
D Key decisions on land use, source development, and would benefit from
(if not need) cooperation among all parties
D A regional approach or workplan,
(2) A strategy for the remainder of the County which involves:
D Most of the other utilities in the County.
D Groundwater as the predominant source.
D Independent actions of area purveyors to plan for future demand.
D The Water System Planning and project approval processes of the
Jefferson County Health Department (JCHD) and DOH.
In this context, the following Jefferson County Water Supply Strategy and
workplan is recommended.
10.10.2 Port Townsend, Quimper Peninsula, and the Tri-Area
Questions Needing Answers
The future of service to these areas is dependent on answers to the following
questions:
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June 30, 1997
o What are the likely populations and densities for these areas?
o Which purveyors will commit to meeting the water demands m which
areas?
The Pathway to Answers (A Work plan)
To develop some certainty in the future of water supply for this portion of the
County, the following steps need to be followed (preferably in the following
order of priority) in a manner consistent with the County-Wide Planning
Policies developed as part of the GMA: .
o The WUCC reviews completed and adopted City and County
Comprehensive plans, and amends CWSP as necessary for consistency.
o WUCC meets to discuss service areas and request submittal of any
changes and any proposed source of supply updates/planning changes.
o Proposed service area changes and CWSP amendments reviewed by the
County for consistency with City and County Comprehensive Plans.
o CWSP amended with new or amended Service Areas and other necessary
changes.
10.10.3 The Remainder of Jefferson County
PUD Satellites and Small Systems
Because the only available source of supply is groundwater, supply strategies
for the PUD Satellites and other small systems are not complex. For all of
these systems, the problem is one of assuring protection of their existing
sources, and managing for the level of in-filling which is anticipated within
their boundaries. To meet their needs, these water purveyors will:
o Need. to confirm their existing water rights, if there are any questions.
(See Tables 10-4 and 10-5)
o Need to be diligent in protection of their water supplies as growth and
other human activity occurs around them.
o Need to provide incentive or regulation for conservation and reuse, where
appropriate, to optimize the resource they currently have available.
Groundwater to meet current domestic needs appears adequate. However,
the County has limited groundwater resources. Estimates are that by 2042,
groundwater demand will increase from the current consumption of 4.38
MGD to 11.94 MGD. Nearly 8 MGD will need to be found. Of this, nearly 3
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MGD of the 8 MGD will need to be provided by PUD Satellites and small
systems.
Following the results of the Groundwater Characterization Study, these
utilities should now do the following.
o Carefully examine their individual needs and consider joint or individual
exploration and development of those aquifers which seem adequate for
regional supply.
o At the same time, consideration should be given to a County-wide Ground
Water Management Plan, with a mission to protect and optimize available
resources. The only supply option available to the PUD Satellites and
small systems is the development of groundwater. Protection of
groundwater will also require consideration of sewer collection and
treatment.
o The PUD should continue to manage small systems so opportunities for
interties, conjunctive use, conservation, and reuse are all optimized.
o Water rights for all small systems should be verified and confirmed.
o The PUD should take the lead in continuing to search for and develop new
groundwater sources and in examination of current treatment
technologies for improving the quality of existing supplies.
Rural Areas with Special Supply Problems (Marrowstone Island)
Jefferson County, like many rural Western Washington counties, faces
increasing rural population and associated demand for rural utility services.
In some cases, the growth itself, and its impact on environmental resources,
is increasing the acute nature of these problems. Rural areas experiencing
water supply problems because of lack of water, salt water intrusion, and
groundwater contamination (from natural and manmade sources) need an
affordable water supply to meet public health needs.
Currently, there are areas of the County, such as Marrowstone Island, where
supply is short, groundwater contamination has been partially documented,
and alternative supplies are being sought by individuals. To meet the need
for a "safe and adequate" water supply in rural areas, where limited supply
or economics limit the typical system design, an alternative approach is
required.
Options have included traditional pipeline supply, conservation measures,
stormwater catchment, and "greywater" reuse. The pipeline alternative has
been seen until now as the only way to supply an adequate supply as defined
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by DOH. Pipelines have a relatively high cost of construction. Coupled with
the sparse and rural distribution of consumers, pipelines may be infeasible.
Another option - a "Restricted Water System" design includes the use of a
"trickle" or restricted flow, low capacity distribution system, with residential
reservoirs to handle "peak" uses.
A rural water system must meet the following requirements:
o Meets Drinking Water Standards
The source of supply must meet applicable drinking water standards. The
source might be a regional groundwater supply or the current City surface
supply.
The system must have DOH approval.
o Economic Feasibility
To be an economically feasible solution, the system must be able to be
implemented, and be affordable to those who will finance the capital
construction and operation of the system.
o Consistent with Land Use Criteria/Standards and Density
One of the biggest issues facing rural areas is the issue of growth and
growth impacts. For many of those who live in rural areas, resource
constraints to growth are a welcomed ally against growth since current
zoning, if implemented, would, in their minds, detract from the rural
character of their surroundings. On the other hand, there are those who
own property and have not yet constructed, who do not have an adequate
supply and find it difficult to finance improvements, sell their home, or
conduct daily chores. For this latter group, a rural system would be
favored.
Residents of Marrowstone Island should pursue evaluation of a Restricted
Flow Water System. In doing so, a variety of policy and institutional
questions will need to be answered. Among these are: Will there be
sufficient growth to support such a system? Who will manage the system?
What should be the design capacity of the system? Where will the water
come from?
To answer these and other questions, residents of Marrowstone Island should
work with the City, the PUD, and the County. With cooperation, the future
character of, and water supply for, Marrowstone Island can be determined.
Currently, with questionable water supply, expanding development and sale
of existing homes and property are jeopardized. A Restricted Flow Water
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June 30, 1997
System, appropriately sized and supported by County zoning, could provide a
more certain future and adequate water at a reasonable cost.
10.11 Summary and Recommendations
10.11.1 Summary
The supply strategies for the County involve a key set of actions for the City,
the PUD, and the County to resolve issues and establish stability for service
on the Quimper Peninsula and for the Tri-Area. These actions necessarily
involve cooperation in planning for the economic future, land use, and service
areas. As such, these parties bear the bulk of the burden for successful
completion of this CWSP Plan and for meeting the/ intent of the Water
System Coordination Act.
The second component of these strategies involves the WUCC, water
purveyors (specifically the PUD), and DOH. The charge for these entities
will be to provide technical and policy assistance to the area utilities in
meeting their future demand. This will necessarily involve assistance in data
acquisition and clarification of water right issues, regional definition of
potential sources of supply, and demand projections. For the most part, these
activities can be completed as part of a utility's WSP. However, special
studies may be necessary depending on circumstances.
10.11.2 Recommendations
Table 10-8 lists recommended actions, responsible lead entities, and expected
time frame.
Source of Supply Strategies
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RCW 18.104.040: Powers of department.
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PIintVef$ion I No dis[:.
RCWs> Title 18> Chapter 18.104 > Section 18.104.040
18.104.030 << 18.104.040>> 18.104.043
RCW 18.104.040
Powers of department.
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the purpose of inspecting, taking meas
or tagging any well, constructed or being constructed;
(3) To call upon or receive professional or technical advice from the department of health,
advisory group created in RCW18.t04.t90, or any other public agency or person;
(4) To adopt rules, in consultation with the department of health and the technical advisor:
in RCWt8J04.19Q, governing licensing and well construction as may be appropriate to carr
purposes of this chapter. The rules adopted by the department may include, but are not limitE
(a) Standards for the construction and maintenance of wells and their casings;
(b) Methods of capping, sealing, and decommissioning wells to prevent contamination of!
resources and to protect public health and safety;
(c) Methods of artificial recharge of ground water bodies and of construction of wells whicl
separation of individual water bearing formations;
(d) The manner of conducting and the content of examinations required to be taken byap
license hereunder;
(e) Requirements for the filing of notices of intent, well reports, and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified by the department as requiring inter
withdrawals in the interests of sound management of the ground water resource;
(5) To require the operator in the construction of a well and the property owner in the mail
well to guard against waste and contamination of the ground water resources;
(6) To require the operator to place a well identification tag on a new well and on an existi
which work is performed after the effective date of rules requiring well identification tags and
require the owner to place a well identification tag on an existing well;
(7) To require the well owner to repair or decommission any well:
(a) That is abandoned, unusable, or not intended for future use; or
(b) That is an environmental, safety, or public health hazard.
[1993 c 387 ~ 4; 1991 c 3 ~ 249; 1971 ex.s. c 212 ~ 4.]
Comments about this site I Privacy Notice I Accessibility InfoEOe;9ttW,
# t~(
Page l+L.1- of C::'t-
http://apps.1eg.wa.gov/rcw/default.aspx?cite=18.1 04.040 -~2/2(j~
RCW 18.104.020: Definitions.
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RCWs> Title 18> Chapter 18.104 > Section 18.104.020
18.J04.010 << 18.104.020>> 18.104.030
RCW 18.104.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly require
(1) "Abandoned well" means a well that is unmaintained or is in such disrepair that it is un
risk to public health and welfare.
(2) "Constructing a well" or "construct a well" means:
(a) Boring, digging, drilling, or excavating a well;
(b) Installing casing, sheeting, lining, or well screens, in a well;
(c) Drilling a geotechnical soil boring; or
(d) Installing an environmental investigation well.
"Constructing a well" or "construct a well" includes the alteration of an existing well.
(3) "Decommission" means to fill or plug a well so that it will not produce water, serve as E
movement of water or pollution, or allow the entry of pOllutants into the well or aquifers.
(4) "Department" means the department of ecology.
(5) "Dewatering well" means a cased or lined excavation or boring that is intended to with,
ground water for the purpose of facilitating construction, stabilizing a landslide, or protecting i
(6) "Director" means the director of the department of ecology.
(7) "Environmental investigation well" means a cased hole intended or used to extract a s
samples of ground water, vapor, or soil from an underground formation and which is decomn
immediately after the sample or samples are obtained. An environmental investigation well is
installed using direct push technology or auger boring and uses the probe, stem, auger, or rc
environmental investigation well is not a geotechnical soil boring.
(8) "Geotechnical soil boring" or "boring" means a well drilled for the purpose of obtaining
information to ascertain structural properties of the subsurface.
(9) "Ground source heat pump boring" means a vertical boring constructed for the purpos,
closed loop heat exchange system for a ground source heat pump.
(10) "Ground water" means and includes ground waters as defined in RCW90.44.035.
(11) "Grounding well" means a grounding electrode installed in the earth by the use of dril
to prevent buildup of voltages that may result in undue hazards to persons or equipment. EXl
anode and cathode protection wells.
(12) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hy
instrumentation is permanently or periodically installed to measure or monitor subsurface strE
movement. Instrumentation well includes borehole extensometers, slope indicators, pneumal
pore pressure transducers, and load cells. LOG ITE~vi
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http://apps.leg.wa.gov/rcw/default.aspx?cite=18.1 04.020 1/12/2006
Kitsap County Health District - Private Water Oversight
Home
Page 1 of3
Locations & Hours
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About Us
Board of Health
In response to ESHB 2929 (Growth Management Act), before a building permit can be iss
proof of an adequate drinking water source is required. In Kitsap County, approval of the v
site is done in conjunction with the sewage disposal system design. Both the proposed se'
disposal system and proposed well location are shown on a Building Site Application whic
submitted to the Health District by a licensed on-site waste water treatment system design
The Health District On-Site Sewage Program will make a site visit and examine the soil an
inspect the proposed well site location. The Drinking Water Program will confirm that all WI
setbacks will be maintained. If the Building Site Application meets applicable regulations, I
checklist will be issued to the applicant stating that the septic design has been given prelir
approval and that the well can now be drilled. An inspector from the Drinking Water Progrc
conduct a site visit during drilling activities to confirm appropriate methods for tOGelTEM
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hrtp://www.kitsapcountyhealth.com/environmenta_ health/drinking_ water/privatewaterovepa
Environmental Health
KITSAP COUNTY HEALTH
Environmental Health Home
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eAccess to Environmental Health
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Health Information Resourc
A common source of contamination to water supplies in Kitsap County
is the application of fertilizer and/or pesticides within 1 DO-feet of a well.
PRIVATE WATER OVERSIGHT
PRIVATE WATER OVERSIGHT BY THE DRINKING WATER PROGRAM
PRIMARILY FALLS UNDER 3 CATEGORIES:
1. Well Delegation from the Washington State Department of Ecology for Surface Se;
Inspections and well decommissionings.
2. Review of water adequacy for private individual and private 2-party water systems
Building Permits and Land Use Applications.
3. Provide water status review for real estate transactions for private individual and QI
2-party.
Additional information may be obtained by connecting to other sites identified under Helpfl
Links below.
WELL DELEGATION
The Health District was delegated by the Department of Ecology in accordance with RCW
18.104.043 the responsibility of well sealing, well decommissioning, and well tagging for a
drinking water wells constructed or decommissioned in Kitsap County.
The drilling of wells in Kitsap County typically falls under two categories New Wells or
Replacement Wells.
NEW WELLS
Approval of a new well associated with construction of a new home:
Kitsap County Health District - Private Water Oversight
Page 2 of3
installation have been used. Once the new well has been drilled, all of the items identified
the checklist must be submitted to the Health District and approved prior to final approval,
Building Site Application.
REPLACEMENT WELLS
New requirements for public and individual water supplies became effective April 1, 1999 i
set procedures for the installation of replacement wells, as follows:
1. The replacement source must be a drilled well. Any proposed water source other tl
drilled well must be approved through a formal waiver process.
2. The proposed well site must be approved by the Health District prior to constructio
site plan, drawn to a scale of 1 :20 or 1 :30, which shows the existing and proposed
source locations, property boundaries, and any possible sources of contamination
(drainfields, buildings, pastures, gardens where fertilizers or pesticides may be aPI
etc.) must be submitted to this office. A well site inspection form is available on-linE
the existing source is to be kept for irrigation, a waiver must be submitted to this of
Fees for these items may be found in the Fee Schedule.
3. Decommissioning of the existing source is required unless a waiver has been requ
(see item 2 above) and must be done in accordance with Chapter 173-160 WAC,
Minimum Standards for Construction and Maintenance of Wells.
4. Once the proposed well location is approved and the new well has been drilled, all
identified on the checklist approving the well site must be submitted to the Health [
and approved. Please contact the Drinking Water Program at (360) 337-5285 with
questions.
PRIVATE INDIVIDUAL WATER STATUS REPORTS:
The Health District will complete a status review upon request and payment of fee for privl
individual water systems. The individual system status reports are limited to the collection
bacteriological sample of the water system. A Health District inspector normally collects th
sample during a review of the septic disposal system if requested. The form to be complet
obtaining this sample is the same form used by the On-Site ProQram for Loan Status Repe
Applications may be used to request a report on your choice of the following items:
1. Individual Well System
2. Individual Well System and Sewage
3. Individual Well System and On-Site Sewage System.
PRIVATE 2-PARTY WATER STATUS REPORTS:
The Health District will complete a status review upon request and payment of fee for privl
party water systems. The Private 2-Party Loan Status Report form is required for submitta
provides details on the information required to obtain a positive result for water status reql
HELPFUL LINKS
[OG1TEM
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. Chapter 173-160 WAC, Minimum Standards For Construction And Maintenance 0
Wells
. Chapter 173-162 WAC, ReQulation And LicensinQ Of Well- Contractors And O~[i
http://www.kitsapcountyhealth.com/environrnenta_health/drinking_water/privatewaterover...l/12/2006
Environmental Health
345 6th Street Suite 300
Bremerton, WA 98377-1866
(360) 337-5285
Fax: (360) 337-5291
Memo #:
Date Applied:
Fee paid:
Clerks initials:
Drinking Water Waiver Request Form
For IRRIGATION
Purpose: Waiver requested from requirements of Local Board of Health Ordinance 1999-6,
Sections 6 and/ or 8, to keep a water source for irrigation usage.
APPLICATIONS WILL NOT BE REVIEWED IF APPLICATION IS INCOMPLETE.
WATER SAMPLE RESULTS ARE REQUIRED.
Name:
Mailing address:
City, State & Zip:
Day Phone:
Property Address:
Tax Account No.:
Attach a check in the amount of $185.00 (covers first two hours of review). Applicant will be
billed for any time over two hours at a rate of $92.50 per hour.
The referenced Ordinance requires decommissioning of a well when either a replacement well
is drilled or when connection is made to a public water supply. To be considered for a waiver
to the decommissioning requirement, the following is required:
1. Inspection--A site inspection by this office is required to determine the method of well
construction, the condition and safety of the well, and that the well is currently useable (e.g.,
a pump is installed and functional).
2. Bacteria and nitrate samples--Results from water samples for bacteria taken within the last
12 months and nitrate sample taken within the last 3 years must be submitted. The bacteria
test must show no fecal coliform present for dug wells and spring sources and no coliform
present for drilled wells. The nitrate must be below the Maximum Contaminant Level of 10
mg/L.
3. Cross-connection-control-- There cannot be any cross connection between the water line
from the old source and the new source. This will require a signed statement from the well
driller or plumber that no cross connection has occurred. Residences connected to public
water may be required to have an approved back-flow prevention device installed at their
expense. Annual maintenance of the device may also be required.
Continued on Back
LOG ITEf'v1
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3. IfItem 1. above has been satisfied and a new system is allowed to be developed, it
must be fully adequate with respect to Chapter 246-290 WAC, or Chapter 246-
291 WAC, Chapter 173-160 WAC, and Kitsap County Ordinance No. 134
regarding Minimum Design Standards for Public Water Systems and Establishing
Procedures for Implementation and any other state or local regulation or policy
regarding public water supplies.
C. Decommissioning of Wells
Any water well no longer in use must be properly decommissioned in accordance
with Chapter 173-160 WAC. Any complaints concerning abandoned wells that are
received by the Health District will be initially reviewed by the Health District.
Those sites which require enforcement in decommissioning will be referred to
Ecology.
SECTION 9. CONNECTION TO PRIVATE WATER SUPPLIES SERVING ONE
OR TWO SINGLE-FAMILY RESIDENCES (the latter must meet the
definition of a private two-party supply to be considered in this section)
A. If proposed source is a drilled well:
1. Prior to well construction, the well site must be approved by the Health District.
This inspection generally occurs in conjunction with a Building Site Application
which also identifies the proposed on-site sewage system location. The well site
must be staked or flagged, and be in compliance with WAC 173-160-205, and
meet horizontal setbacks noted in Table 1, Page 18. In instances where either the
property is large enough for the well to be placed 100 feet from property lines and
still meet setbacks to on-site sewage systems, or covenants cannot be obtained,
the well shall be located to meet this setback from the property line.
2. If the proposed well site is in an area where it is expected that the well will
penetrate an aquifer overlain by consolidated or poorly permeable material of at
least 6 feet in depth, as determined by existing Water Well Reports in the vicinity,
and if the well can be located at least 50 feet from all adjacent property lines of
the property in question, then no protective well covenant will be required.
If the well is located less than 50 feet from property lines, and at least 6 feet of
poorly permeable material can be obtained, then either a 50-foot protective
covenant will be required or a waiver must be applied for along with engineering
justification showing that the well will not impact the adjacent property and/or be
adversely affected by conditions existing on the adjacent property.
Ordinance 1999-6
17
Drinking Water R~ ITEM
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Irrigation Waiver Form
Page 2
4. Water Right--Applicants with spring sources must obtain a surface water right permit from
the Washington Department of Ecology (DOE). Any use of water from a spring must be
permitted by DOE. Also, use of water from a well for irrigation of more than one-half acre
of non-commercial lawn and/ or garden requires a water right permit from the DOE.
Irrigation of less than one-half acre and withdrawal of less than 5,000 gallons of water per
day allows an exemption from the water right permit requirement. Contact the DOE
Northwest Regional Office, at (425) 649-7000 for additional information on water rights.
5. The land use regulation at the time of original property division or redivision is taken into
consideration when requests are received.
As the property owner or the property owner's representative, I authorize the Health Officer
and/ or his/her representative access to the above property and certify that the information
provided in this application is true and accurate and that this application is filled out
completely and to the best of my knowledge.
Applicant's Signature
Date
LOG ITEM
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Bkchd11/eh/common/drinking water/dwformldw waiver irrigation.doc.rev 1/06
3. IfItem 1. above has been satisfied and a new system is allowed to be developed, it
must be fully adequate with respect to Chapter 246-290 WAC, or Chapter 246-
291 WAC, Chapter 173-160 WAC, and Kitsap County Ordinance No. 134
regarding Minimum Design Standards for Public Water Systems and Establishing
Procedures for Implementation and any other state or local regulation or policy
regarding public water supplies.
C. Decommissioning of Wells
Any water well no longer in use must be properly decommissioned in accordance
with Chapter 173-160 WAC. Any complaints concerning abandoned wells that are
received by the Health District will be initially reviewed by the Health District.
Those sites which require enforcement in decommissioning will be referred to
Ecology.
SECTION 9. CONNECTION TO PRIVATE WATER SUPPLIES SERVING ONE
OR TWO SINGLE-F AMIL Y RESIDENCES (the latter must meet the
definition of a private two-party supply to be considered in this section)
A. Ifproposed source is a drilled well:
1. Prior to well construction, the well site must be approved by the Health District.
This inspection generally occurs in conjunction with a Building Site Application
which also identifies the proposed on-site sewage system location. The well site
must be staked or flagged, and be in compliance with WAC 173-160-205, and
meet horizontal setbacks noted in Table 1, Page 18. In instances where either the
property is large enough for the well to be placed 100 feet from property lines and
still meet setbacks to on-site sewage systems, or covenants cannot be obtained,
the well shall be located to meet this setback from the property line.
2. If the proposed well site is in an area where it is expected that the well will
penetrate an aquifer overlain by consolidated or poorly permeable material of at
least 6 feet in depth, as determined by existing W ater Well Reports in the vicinity,
and if the well can be located at least 50 feet from all adjacent property lines of
the property in question, then no protective well covenant will be required.
If the well is located less than 50 feet from property lines, and at least 6 feet of
poorly permeable material can be obtained, then either a 50-foot protective
covenant will be required or a waiver must be applied for along with engineering
justification showing that the well will not impact the adjacent property and/or be
adversely affected by conditions existing on the adjacent property.
17
DrinkingWaterRegmtQG ITE~Ji
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Pagt3_ .of_~
Ordinance 1999-6
3. Ifltem 1. above has been satisfied and a new system is allowed to be developed, it
must be fully adequate with respect to Chapter 246-290 WAC, or Chapter 246-
291 WAC, Chapter 173-160 WAC, and Kitsap County Ordinance No. 134
regarding Minimum Design Standards fOIi Public Water Systems and Establishing
Procedures for Implementation and any other state or local regulation or policy
regarding public water supplies.
C. Decommissioning of Wells
Any water well no longer in use must be properly decommissioned in accordance
with Chapter 173-160 WAC. Any complaints concerning abandoned wells that are
received by the Health District will be initially reviewed by the Health District.
Those sites which require enforcement in decommissioning will be referred to
Ecology.
SECTION 9. CONNECTION TO PRIVATE WATER SUPPLIES SERVING ONE
OR TWO SINGLE-F AMIL Y RESIDENCES (the latter must meet the
definition of a private two-party supply to be considered in this section)
A. If proposed source is a drilled well:
1. Prior to well construction, the well site must be approved by the Health District.
This inspection generally occurs in conjunction with a Building Site Application
which also identifies the proposed on-site sewage system location. The well site
must be staked or flagged, and be in compliance with WAC 173-160-205, and
meet horizontal setbacks noted in Table 1, Page 18. In instances where either the
property is large enough for the well to be placed 100 feet from property lines and
still meet setbacks to on-site sewage systems, or covenants cannot be obtained,
the well shall be located to meet this setback from the property line.
2. If the proposed well site is in an area where it is expected that the well will
penetrate an aquifer overlain by consolidated or poorly permeable material of at
least 6 feet in depth, as determined by existing Water Well Reports in the vicinity,
and if the well can be located at least 50 feet from all adjacent property lines of
the property in question, then no protective well covenant will be required.
If the well is located less than 50 feet from property lines, and at least 6 feet of
poorly permeable material can be obtained, then either a 50-foot protective
covenant will be required or a waiver must be applied for along with engineering
justification showing that the well will not impact the adjacent property and/or be
adversely affected by conditions existing on the adjacent property.
LOG ITENi
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Pagl3 -!i20t GL.-
Ordinance 1999-6
17
Drinking Water Regulations