Nonconsumptive hydropower

AN ACT Relating to issuing water right permits for nonconsumptive 1
hydropower use in water resource inventory areas in which minimum 2
instream flows are not being met; and amending RCW 90.54.020 and 3
90.03.247. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 90.54.020 and 2007 c 445 s 8 are each amended to 6
read as follows: 7
Utilization and management of the waters of the state shall be 8
guided by the following general declaration of fundamentals:9
(1) Uses of water for domestic, stock watering, industrial, 10
commercial, agricultural, irrigation, hydroelectric power production, 11
mining, fish and wildlife maintenance and enhancement, recreational, 12
and thermal power production purposes, and preservation of 13
environmental and aesthetic values, and all other uses compatible 14
with the enjoyment of the public waters of the state, are declared to 15
be beneficial. 16
(2) Allocation of waters among potential uses and users shall be 17
based generally on the securing of the maximum net benefits for the 18
people of the state. Maximum net benefits shall constitute total 19
benefits less costs including opportunities lost. 20
S-0329.2
SENATE BILL 5261
State of Washington 69th Legislature 2025 Regular Session
By Senators Shewmake, Chapman, and Nobles
Read first time 01/14/25. Referred to Committee on Agriculture &
Natural Resources.
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(3) The quality of the natural environment shall be protected 1
and, where possible, enhanced as follows: 2
(a) Perennial rivers and streams of the state shall be retained 3
with base flows necessary to provide for preservation of wildlife, 4
fish, scenic, aesthetic and other environmental values, and 5
navigational values. Lakes and ponds shall be retained substantially 6
in their natural condition. ((Withdrawals of water which would 7
conflict therewith shall be authorized only in those situations where 8
it is clear that overriding considerations of the public interest 9
will be served. )) Permanent withdrawals of water that would conflict 10
therewith may be authorized only for applications submitted and 11
approved pursuant to RCW 90.03.247.12
(b) Waters of the state shall be of high quality. Regardless of 13
the quality of the waters of the state, all wastes and other 14
materials and substances proposed for entry into said waters shall be 15
provided with all known, available, and reasonable methods of 16
treatment prior to entry. Notwithstanding that standards of quality 17
established for the waters of the state would not be violated, wastes 18
and other materials and substances shall not be allowed to enter such 19
waters which will reduce the existing quality thereof, except in 20
those situations where it is clear that overriding considerations of 21
the public interest will be served. Technology-based effluent 22
limitations or standards for discharges for municipal water treatment 23
plants located on the Chehalis, Columbia, Cowlitz, Lewis, or Skagit 24
river shall be adjusted to reflect credit for substances removed from 25
the plant intake water if: 26
(i) The municipality demonstrates that the intake water is drawn 27
from the same body of water into which the discharge is made; and28
(ii) The municipality demonstrates that no violation of receiving 29
water quality standards or appreciable environmental degradation will 30
result. 31
(4) The development of multipurpose water storage facilities 32
shall be a high priority for programs of water allocation, planning, 33
management, and efficiency. The department, other state agencies, and 34
local governments ((, and planning units formed under section 107 or 35
108 of this act)) shall evaluate the potential for the development of 36
new storage projects and the benefits and effects of storage in 37
reducing damage to stream banks and property, increasing the use of 38
land, providing water for municipal, industrial, agricultural, power 39
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generation, and other beneficial uses, and improving streamflow 1
regimes for fisheries and other instream uses. 2
(5) Adequate and safe supplies of water shall be preserved and 3
protected in potable condition to satisfy human domestic needs.4
(6) Multiple-purpose impoundment structures are to be preferred 5
over single-purpose structures. Due regard shall be given to means 6
and methods for protection of fishery resources in the planning for 7
and construction of water impoundment structures and other artificial 8
obstructions. 9
(7) Federal, state, and local governments, individuals, 10
corporations, groups and other entities shall be encouraged to carry 11
out practices of conservation as they relate to the use of the waters 12
of the state. In addition to traditional development approaches, 13
improved water use efficiency, conservation, and use of reclaimed 14
water shall be emphasized in the management of the state's water 15
resources and in some cases will be a potential new source of water 16
with which to meet future needs throughout the state. Use of 17
reclaimed water shall be encouraged through state and local planning 18
and programs with incentives for state financial assistance 19
recognizing programs and plans that encourage the use of conservation 20
and reclaimed water use, and state agencies shall continue to review 21
and reduce regulatory barriers and streamline permitting for the use 22
of reclaimed water where appropriate. 23
(8) Development of water supply systems, whether publicly or 24
privately owned, which provide water to the public generally in 25
regional areas within the state shall be encouraged. Development of 26
water supply systems for multiple domestic use which will not serve 27
the public generally shall be discouraged where water supplies are 28
available from water systems serving the public. 29
(9) Full recognition shall be given in the administration of 30
water allocation and use programs to the natural interrelationships 31
of surface and groundwaters. 32
(10) Expressions of the public interest will be sought at all 33
stages of water planning and allocation discussions.34
(11) Water management programs, including but not limited to, 35
water quality, flood control, drainage, erosion control and storm 36
runoff are deemed to be in the public interest. 37
Sec. 2. RCW 90.03.247 and 2018 c 1 s 302 are each amended to 38
read as follows: 39
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(1) Whenever an application for a permit to make beneficial use 1
of public waters is approved relating to a stream or other water body 2
for which minimum flows or levels have been adopted and are in effect 3
at the time of approval, the permit shall be conditioned to: (a) 4
Protect the levels or flows; or (b) require water resource mitigation 5
of impacts to instream flows and closed surface water bodies for 6
water resource mitigation pilot projects authorized under RCW 7
90.94.090. 8
(2) No agency may establish minimum flows and levels or similar 9
water flow or level restrictions for any stream or lake of the state 10
other than the department of ecology whose authority to establish is 11
exclusive, as provided in this chapter ((90.03 RCW)) and RCW 12
90.22.010 and 90.54.040. The provisions of other statutes, including 13
but not limited to chapter 43.21C RCW, may not be interpreted in a 14
manner that is inconsistent with this section. In establishing such 15
minimum flows, levels, or similar restrictions, the department shall, 16
during all stages of development by the department of ecology of 17
minimum flow proposals, consult with, and carefully consider the 18
recommendations of, the department of fish and wildlife, the 19
department of commerce, the department of agriculture, and 20
representatives of the affected Indian tribes. Nothing herein shall 21
preclude the department of fish and wildlife, the department of 22
commerce, or the department of agriculture from presenting its views 23
on minimum flow needs at any public hearing or to any person or 24
agency, and the department of fish and wildlife, the department of 25
commerce, and the department of agriculture are each empowered to 26
participate in proceedings of the federal energy regulatory 27
commission and other agencies to present its views on minimum flow 28
needs. 29
(3) The department may issue a water right permit for a 30
nonconsumptive hydropower use in a water resource inventory area in 31
which minimum instream flows adopted pursuant to chapter 90.22 or 32
90.54 RCW are not being met, or in a water body closed to further 33
appropriation, if:34
(a) The water diverted is returned to the same stream reach;35
(b) The project has an installed power generation capacity of 36
less than 25 kilowatts;37
(c) The department, after carefully considering the 38
recommendation of the department of fish and wildlife, determines 39
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that there would be no net detrimental impact to fish and related 1
aquatic resources; and 2
(d) The department has consulted with all federally recognized 3
Indian tribes with treaty fishing rights at usual and accustomed 4
places within the water resource inventory area.5
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