To add the following language to the current law, “Any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter.” This exemption on certain withdrawals of water is from the provisions of RCW 90.44.050. See also Companion HB 1535.   Official Text and Analysis.

By Tom Myrum, WA Water Resources Assn.; Chris Cheney, Dairy Federation, WA Cattlemen's Assn., WA Fryer Commission; Darryll Olsen, Rep. Columbia-Snake River; Toni McKinley, WA State Grange; Hertha Lund, WA Farm Bureau; and Mike Kaysen, WA Fryer Commission. They testified that WA has the second most water of any state, behind only Alaska. Everyone needs to eat, and we need water to raise and grow the food. After almost 60 years of using the exemption, a reinterpretation just last spring limits stockwatering to just 5000 gallons per day. Don't change the rules in the middle of the game. Bankers will not put up money without a real water right. The farm and ranch economy is a primary driver of WA's economy. We can't farm and ranch without adequate water, as the Governor's Competitive Council noted.

By Richard Reich, Muckleshoot Tribe; Nancy Rust, Board Member CELP; Mike Moran, CELP, SINTC, Samish Indian Nation; Kevin Lyon Esq., Northwest Indian Fisheries Commission; Josh Baldi, WA Enviro Council; and Denise D Smith, LWV WA. They testified that big commercial dairies would be allowed unlimited use of groundwater for stockwatering purposes. The original bill mentioned something like 50 cows in 1945; stockwatering needs to be narrowly defined. Exempt wells should not be allowed with impunity in closed basins. There are no substantive safeguards; the bill could lead to additional litigation, is still ambiguous, and may not have the intended effect; it is an unfair right to the few over rights of the general public. Future generations need a reliable supply of groundwater.

To remove the current statute's exemption language that was inserted between the second and third exemption provisions in the list of exemptions.

Regarding stock-watering withdrawals.

The bill did not pass both chambers during the 2003 regular session, so the bill automatically returned to the Senate Rules Committee when the regular 105-day session adjourned on April 27, 2003.