Game farm/water quality

AN ACT Relating to protecting the public from water quality 1
impacts of publicly owned or operated game farms; adding a new 2
section to chapter 77.12 RCW; adding a new section to chapter 90.48 3
RCW; and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1)(a) The legislature finds that 6
protecting public health and the safety of drinking water supplies is 7
a fundamental responsibility of the state. In 2024 and 2025, 8
groundwater monitoring conducted by Lewis county, the city of 9
Centralia, and the department of fish and wildlife identified nitrate 10
concentrations in multiple private drinking water wells in the Fords 11
Prairie area that exceeded the federal maximum contaminant level for 12
nitrates. Subsequent investigations, including the Bob Oke game farm 13
groundwater investigation completed in November 2025, determined that 14
multiple sources contribute nitrates to the aquifer, and confirmed 15
that manure generated by pheasants at the Bob Oke game farm is a 16
contributing source of nitrate loading to groundwater.17
(b) The legislature further finds that, although the department 18
of ecology administers a concentrated animal feeding operation permit 19
program to prevent manure and nutrient pollution from animal feeding 20
operations, the current rule-based thresholds do not expressly 21
S-3843.1
SENATE BILL 6088
State of Washington 69th Legislature 2026 Regular Session
By Senators Braun, Boehnke, Dozier, Saldaña, Warnick, and J. Wilson
Read first time 01/13/26. Referred to Committee on Agriculture &
Natural Resources.
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include state-operated game farms or other facilities raising 1
pheasants or similar game birds. As a result, these facilities are 2
not required to obtain concentrated animal feeding operation permits, 3
even when the number of birds, site characteristics, or manure 4
management practices present risks to groundwater quality that are 5
comparable to operations currently regulated under the concentrated 6
animal feeding operation program. 7
(c) It is the intent of the legislature to ensure that all 8
publicly operated game farms engage in manure and nutrient management 9
practices sufficient to protect groundwater and drinking water 10
supplies, and to align public operations with the same environmental 11
protections expected of private agricultural producers.12
(2) The legislature, therefore, intends to: 13
(a) Require publicly owned facilities, including each game farm 14
operated by the department of fish and wildlife, to obtain a general 15
permit for concentrated animal feeding operations as it applies to 16
large concentrated animal feeding operations or an individual permit 17
from the department of ecology where the number of animals at such 18
facilities exceed the thresholds for concentrated animal feeding 19
operation permit coverage applicable to privately owned or operated 20
facilities; 21
(b) Direct the department of ecology to include, in its next 22
update its concentrated animal feeding operation permit, to 23
explicitly include pheasants and similar game birds within the scope 24
of concentrated animal feeding operations; 25
(c) Ensure that manure management, groundwater monitoring, and 26
nutrient pollution prevention measures at publicly owned facilities 27
meet standards that safeguard public health, maintain compliance with 28
federal and state water quality laws, and prevent further nitrate 29
loading to aquifers serving residential drinking water wells; and30
(d) Affirm that state agencies and local governments must model 31
best practices for environmental stewardship and the protection of 32
public drinking water. 33
(3) The legislature further intends that these actions will 34
reduce nitrate contributions from public facilities, prevent future 35
impacts to private wells, promote transparency and accountability in 36
manure management practices, and ensure that publicly owned 37
facilities are regulated under the same water quality protection 38
framework as comparable privately owned concentrated animal feeding 39
operations across Washington. 40
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NEW SECTION. Sec. 2. A new section is added to chapter 77.12 1
RCW to read as follows: 2
(1) The department, in operating any publicly owned facility at 3
which wildlife or other animals are held, confined, propagated, 4
hatched, fed, or otherwise raised in numbers and circumstances that 5
would otherwise qualify the facility as a concentrated animal feeding 6
operation under chapter 90.48 RCW, must either: 7
(a) Follow the requirements under the concentrated animal feeding 8
operation general permit issued under chapter 90.48 RCW that are 9
applicable to the owner or operator of any commercial or industrial 10
operation; or 11
(b) Obtain an individual discharge permit from the department of 12
ecology under chapter 90.48 RCW. 13
(2) At a minimum, a permit issued to the department under 14
subsection (1)(b) of this section, or the concentrated animal feeding 15
operation general permit applicable to the department under 16
subsection (1)(a) of this section, must include: 17
(a) A requirement that the permit holder prepare, maintain, and 18
implement: 19
(i) A manure pollution prevention plan that: 20
(A) Includes, at minimum, production area runoff controls, land 21
application limits, and protocols for management of dead animals; and22
(B) Ensures that sources of pollution related to the operation of 23
the facility do not cause or contribute to a violation of water 24
quality standards established by the department under this chapter; 25
or 26
(ii) Alternative measures required by the department of ecology 27
under an updated concentrated animal feeding operation general permit 28
that achieve equal or better outcomes to the approach specified in 29
(a)(i) of this subsection; 30
(b) A prohibition on discharges that cause or contribute to 31
violations of water quality standards established by the department 32
of ecology under chapter 90.48 RCW; 33
(c) Protocols and procedures for the use of the enforcement 34
authority of the department of ecology under chapter 90.48 RCW for 35
violations of permit requirements; and 36
(d) The following logistical and compliance requirements, or else 37
alternative measures required by the department under an updated 38
concentrated animal feeding operation general permit that achieve 39
equal or better outcomes: 40
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(i) Monitoring requirements, including operations and maintenance 1
monitoring and manure, litter, and wastewater monitoring;2
(ii) Recordkeeping requirements; and 3
(iii) Reporting requirements. 4
NEW SECTION. Sec. 3. A new section is added to chapter 90.48 5
RCW to read as follows: 6
(1) Upon determining that a publicly owned or publicly operated 7
facility at which animals are held, confined, propagated, hatched, 8
fed, or otherwise raised in numbers and circumstances that would 9
qualify the facility as a concentrated animal feeding operation under 10
this chapter, the department must: 11
(a) Begin applying and enforcing the requirements of the 12
concentrated animal feeding operation general permit issued under 13
this chapter with respect to the facility; or 14
(b) Issue, upon application, an individual permit under this 15
chapter to the facility. 16
(2) At a minimum, a permit issued to a publicly owned facility 17
under subsection (1)(b) of this section, or the concentrated animal 18
feeding operation general permit applicable to publicly owned 19
facilities under subsection (1)(a) of this section, must include:20
(a) A requirement that the permit holder prepare, maintain, and 21
implement: 22
(i) A manure pollution prevention plan that: 23
(A) Includes, at minimum, production area runoff controls, land 24
application limits, and protocols for management of dead animals; and25
(B) Ensures that sources of pollution related to the operation of 26
the facility do not cause or contribute to a violation of water 27
quality standards established by the department under this chapter; 28
or 29
(ii) Alternative measures required by the department under an 30
updated concentrated animal feeding operation general permit that 31
achieve equal or better outcomes to the approach specified in (a)(i) 32
of this subsection; 33
(b) A prohibition on discharges that cause or contribute to 34
violations of water quality standards established by the department 35
under this chapter; 36
(c) Protocols and procedures for the use of the enforcement 37
authority of the department under this chapter for violations of 38
permit requirements; and 39
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(d) The following logistical and compliance requirements, or else 1
alternative measures required by the department under an updated 2
concentrated animal feeding operation general permit that achieve 3
equal or better outcomes: 4
(i) Monitoring requirements, including operations and maintenance 5
monitoring and manure, litter, and wastewater monitoring;6
(ii) Recordkeeping requirements; and 7
(iii) Reporting requirements. 8
(3) For purposes of determining whether a publicly owned facility 9
has the number of animals that would qualify the facility as a 10
concentrated animal feeding operation under this chapter, the 11
department must treat a facility with more than 5,000 game birds 12
present at any point in time as a large concentrated animal feeding 13
operation subject to the most protective standards for water quality 14
that apply to any category of concentrated animal feeding operation.15
(4) The powers and duties of the department, including the power 16
and duty to enforce permit requirements, the enforcement provisions 17
under this chapter, and any and all other remedies available apply to 18
publicly owned facilities specified in this section in the same 19
manner as they apply to privately owned facilities that qualify for 20
concentrated animal feeding operation general permit coverage.21
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