Current through Register Vol. 24-06, March 15, 2024
(1) For the purposes of this section:
(a) "New permit-exempt domestic wells" are
wells for groundwater withdrawals exempt from permitting under
RCW
90.44.050 for the purposes of indoor domestic
water use and outdoor domestic water use.
(b)"Indoor domestic water use" means potable
water to satisfy the domestic needs of a household, including water used for
drinking, bathing, sanitary purposes, cooking, laundering, and other incidental
uses.
(c)"Outdoor domestic water
use" means water used for noncommercial lawns and gardens.
(d)"Subsistence gardening" means food
cultivation for personal use by residents of the home.
(2) The requirements and limits in this
section apply to new permit-exempt domestic wells constructed after the
effective date of this rule amendment.
(3)Consistent with the provisions of
RCW
90.94.020(5), a city or
county issuing a building permit under
RCW
19.27.097(1)(c), or
approving a subdivision under chapter 58.17 RCW, in this WRIA must:
(a)Record the limitations as described in
subsection (5) of this section with the property title;
(b)Collect the applicable fee, as described
in subsection (4) of this section;
(c)Record the number of building permits
issued under chapter 19.27 RCW or subdivision approvals issued under chapter
58.17 RCW subject to the provisions of this section;
(d) Annually transmit to the department three
hundred fifty dollars of each fee collected under this subsection;
and
(e)Annually transmit an
accounting of building permits and subdivision approvals subject to the
provisions of this section to the department.
(4)Consistent with the provisions of
RCW
90.94.020(5), an applicant
for a building permit shall pay a fee of five hundred dollars to the permitting
authority.
(5)The department
establishes a conservation standard for withdrawals from new permit-exempt
domestic wells as follows:
(a) Withdrawals
from a new permit-exempt domestic well(s) serving a single connection are
limited as follows:
(i) Indoor domestic water
use shall not exceed five hundred gallons per day; and
(ii) Outdoor domestic water use shall be
limited to an area not to exceed a total of one-twelfth acre, or three thousand
six hundred thirty square feet. Outdoor domestic water use is in addition to
indoor domestic water use set forth in (a)(i) of this subsection.
(b) Withdrawals from a new
permit-exempt domestic well(s) serving a group domestic system that qualifies
for the group domestic permit exemption under
RCW
90.44.050 are limited as follows:
(i) Indoor domestic water use shall not
exceed five hundred gallons per day for each connection, and shall not exceed a
total of three thousand gallons per day for the entire group; and
(ii) Outdoor domestic water use shall be
limited to an area not to exceed a total of one-twelfth acre, or three thousand
six hundred thirty square feet, for each connection, and shall be limited to an
area not to exceed a total of one-half acre for the entire group. Outdoor
domestic water use is in addition to indoor domestic water use set forth in
(b)(i) of this subsection.
(c) Upon the issuance of a drought emergency
order under
RCW
43.83B.405, withdrawals from new
permit-exempt domestic wells may be curtailed by the department, except indoor
domestic water use and withdrawals to maintain up to one-twelfth acre for each
connection for noncommercial subsistence gardening purposes.
(d) The withdrawal limits defined in this
subsection supersede the maximum annual average withdrawal limits specified in
RCW
90.94.020.
(e) The department reserves the right to
require metering and reporting of water use for domestic users as provided for
under existing authorities. This includes, but is not limited to,
RCW
90.44.050 and
90.44.250,
and the provisions in chapter 173-173 WAC.
(f) Under all circumstances, the water use
limits specified under
RCW
90.44.050 shall not be exceeded.