The bill amends existing Washington state laws regarding the issuance of water right permits specifically for nonconsumptive hydropower use in areas where minimum instream flows are not being met. It introduces new provisions that allow the Department of Ecology to issue permits for nonconsumptive hydropower projects under certain conditions, including that the water diverted must be returned to the same stream reach, the project must have an installed power generation capacity of less than 25 kilowatts, and it must not have a net detrimental impact on fish and aquatic resources. Additionally, the department is required to consult with federally recognized Indian tribes regarding treaty fishing rights in the relevant areas.

The bill also makes several amendments to existing laws, including the removal of language that previously restricted water withdrawals that conflict with environmental preservation unless there are overriding public interest considerations. Instead, it now allows for permanent withdrawals under specific conditions outlined in RCW 90.03.247. Furthermore, it emphasizes the importance of maintaining high water quality and encourages the development of multipurpose water storage facilities while ensuring that water management programs are in the public interest. Overall, the bill aims to balance the need for hydropower development with the protection of aquatic ecosystems and tribal rights.

Statutes affected:
Original Bill: 90.54.020, 90.03.247