Z-0773.1          _______________________________________________

 

                                  HOUSE BILL 1851

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Wang and Holland; by request of Department of Ecology and Office of Financial Management.

 

Read first time February 12, 1991.  Referred to Committee on Revenue.Increasing fees and penalties related to the administration of the department of ecology's water resources program.


     AN ACT Relating to the department of ecology's fees and penalties concerning water rights; amending RCW 90.03.470, 90.03.471, and 90.03.600; adding a new section to chapter 90.03 RCW; creating a new section; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.      The purposes of this act are to establish fees for water rights and other related fees that reflect the cost of administering the water rights program of the department of ecology and to increase the maximum civil penalties for noncompliance with state water resources laws and rules.

 

     Sec. 2.  RCW 90.03.470 and 1987 c 109 s 98 are each amended to read as follows:

     (1) The following fees shall be collected by the department in advance:

     (((1))) (a) For the examination of an application for a permit to appropriate water or on application to change a point of diversion((,)) or withdrawal, purpose or place of use, a minimum of ten dollars((,)) to be paid with the application. For each second foot between one and five hundred second feet, two dollars per second foot; for each second foot between five hundred and two thousand second feet, fifty cents per second foot; and for each second foot in excess thereof, twenty cents per second foot.  For each acre foot of storage up to and including one hundred thousand acre feet, one cent per acre foot, and for each acre foot in excess thereof, one‑fifth cent per acre foot.  The ten dollar fee payable with the application shall be a credit to that amount whenever the fee for direct diversion or storage totals more than ten dollars under the above schedule and in such case the further fee due shall be the total computed amount less ten dollars.

     Within five days from receipt of an application the department shall notify the applicant by registered mail of any additional fees due under the above schedule and any additional fees shall be paid to and received by the department within thirty days from the date of filing the application, or the application shall be rejected.

     (((2))) (b) For filing and recording a permit to appropriate water for irrigation purposes, forty cents per acre for each acre to be irrigated up to and including one hundred acres, and twenty cents per acre for each acre in excess of one hundred acres up to and including one thousand acres, and ten cents for each acre in excess of one thousand acres; and also twenty cents for each theoretical horsepower up to and including one thousand horsepower, and four cents for each theoretical horsepower in excess of one thousand horsepower, but in no instance shall the minimum fee for filing and recording a permit to appropriate water be less than five dollars.  For all other beneficial purposes the fee shall be twice the amount of the examination fee except that for individual household and domestic use, which may include water for irrigation of a family garden, the fee shall be five dollars.

     (((3))) (c) For filing and recording any other water right instrument, four dollars for the first hundred words and forty cents for each additional hundred words or fraction thereof.

     (((4))) (d) For making a copy of any document recorded or filed in his office, forty cents for each hundred words or fraction thereof, but when the amount exceeds twenty dollars, only the actual cost in excess of that amount shall be charged.

     (((5))) (e) For certifying to copies, documents, records or maps, two dollars for each certification.

     (((6))) (f) For blueprint copies of a map or drawing, or, for such other work of a similar nature as may be required of the department, at actual cost of the work.

     (((7))) (g) For granting each extension of time for beginning construction work under a permit to appropriate water, an amount equal to one‑half of the filing and recording fee, except that the minimum fee shall be not less than five dollars for each year that an extension is granted, and for granting an extension of time for completion of construction work or for completing application of water to a beneficial use, five dollars for each year that an extension is granted.

     (((8))) (h) For the inspection of any hydraulic works to insure safety to life and property, the actual cost of the inspection, including the expense incident thereto.

     (((9))) (i) For the examination of plans and specifications as to safety of controlling works for storage of ten acre feet or more of water, a minimum fee of ten dollars, or the actual cost.

     (((10))) (j) For recording an assignment either of a permit to appropriate water or of an application for such a permit, a fee of five dollars.

     (((11))) (k) For preparing and issuing all water right certificates, five dollars.

     (((12))) (l) For filing and recording a protest against granting any application, two dollars.

     (2) The fees established in this section shall be superseded by rules adopted by the department under section 3 of this act.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 90.03 RCW to read as follows:

     (1) The department shall adopt rules, following the procedures of chapter 34.05 RCW, establishing a schedule of fees for performing and carrying out certain functions of the water resources program.  The department shall collect the fees in advance from the applicant or person requesting or benefiting from the following actions:

     (a) Accepting and examining an application for a permit to appropriate public water;

     (b) Accepting and examining an application for change or transfer of a water right;

     (c) Examining and preparing for the issuance of a water right permit or an authorization to change or transfer a water right;

     (d) Preparing, filing, and recording certificates to appropriate water or other water rights instruments;

     (e) Copying any recorded document;

     (f) Certifying any copies, documents, records, or maps;

     (g) Granting an extension of time for any phase of the construction schedule under an authorization to appropriate public water;

     (h) Inspection of any hydraulic works to ensure safety to life and property;

     (i) Examination of plans and specifications of dams, reservoirs, or other works for the storage of water;

     (j) Recording of an assignment of either a permit to appropriate water or of an application for such a permit;

     (k) Filing and recording a protest against granting any application; and

     (l) Certification of adequate water supply under rules adopted by the department as required by RCW 19.27.097.

     (2) The fees established under this section shall be based on recovering the actual cost to the department in acting upon applications or other requests.  The department may classify water uses by type, quantity, and complexity and may compute its average costs in determining fees for applications, permits, and certificates of water right for each classification.  The department shall periodically review the fees established under this section and shall revise them when necessary to assure the recovery of its costs.

     (3) A surcharge of twenty-five percent shall be added to the normal application, permit, and certificate fees for applicants who have used public water without the prior approval of the department.

     (4) The fees established under this section apply to all applications and requests for any pertinent actions pending before the water resources program of the department at the time the rules establishing the fees become effective under chapter 34.05 RCW.  Any fee already paid for an application or other pertinent requested action shall be credited to the amount determined to be owed on the fees established by rule.  The department shall notify by registered mail any person with an action pending before the department if that action is affected by increased fees.  Any additional fees are payable within sixty days of such notice.  The department's notice shall include a statement that any person wishing to continue an application or other request due to an increased fee shall, within sixty days of the notice, request in writing that the department continue to proceed with the application or other request.  Failure to respond within sixty days is grounds for automatic cancellation of the application or other request and forfeiture of the fees previously remitted.

 

     Sec. 4.  RCW 90.03.471 and 1987 c 109 s 99 are each amended to read as follows:

     All fees, collections and revenues derived under RCW 90.03.470 ((or by virtue of RCW 90.03.180)) and section 3 of this act, shall be used exclusively for the purpose of carrying out the work and performing the functions of the division of water resources of the department.

 

     Sec. 5.  RCW 90.03.600 and 1987 c 109 s 157 are each amended to read as follows:

     (1) The power is granted to the department of ecology to levy civil penalties of up to ((one hundred)) five thousand dollars per day for violation of any of the provisions of this chapter and chapters 43.83B, 90.22, and 90.44 RCW, and rules, permits, and similar documents and regulatory orders of the department of ecology adopted or issued pursuant to such chapters.  The procedures of RCW 90.48.144 shall be applicable to all phases of the levying of a penalty as well as review and appeal of the same.

     (2) The department shall adopt rules establishing criteria for the determination of appropriate penalty levels for various classes of violations.  These criteria shall take into account the seriousness of a violation, including the threat posed to public health, damage or potential damage to public resources, damage or potential damage to the property interests of other individuals, and the recurrence of the violation.  Until these rules are in effect, the department shall be guided by these considerations in determining the amount of civil penalty to levy, but shall not levy a civil penalty provided for in this section in excess of one thousand dollars.