S-0880.2          _______________________________________________

 

                                 SENATE BILL 5389

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Sutherland, Newhouse, Barr and Hansen.

 

Read first time January 30, 1991.  Referred to Committee on Agriculture & Water Resources.

Providing for filing a statement of claim for water rights.


     AN ACT Relating to water rights; and adding a new section to chapter 284, Laws of 1969 ex.s. as last amended by chapter 127, Laws of 1988 and to chapter 90.14 RCW.

 

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

 

     NEW SECTION.  Sec. 1.      A new section is added to chapter 284, Laws of 1969 ex.s. as last amended by chapter 127, Laws of 1988 and to chapter 90.14 RCW to read as follows:

     A person may file with the department of ecology not later than August 31, 1991, a statement of claim as provided in RCW 90.14.051 (1) through (8) if said statement of claim embodies a claim of right to divert public waters with a priority date that is prior to June 6, 1917, and said statement of claim is accompanied by a notarized affidavit or affidavits, relating to and supporting the rights claimed in said statement, signed by a person or persons which state that (1) affiant or affiants witnessed personally a posting of a notice of intent to establish a water right at the point of diversion of such claimed right, and (2) affiant or affiants had direct knowledge of the diversion of waters, through conveyance systems, to the places of beneficial use without interruption each year for the fifty-year period immediately preceding the effective date of this act.  The department is directed to accept any statement of claim which satisfies the requirements of this section and file the same in the Water Rights Claims Registry established by RCW 90.14.111.  The provisions of RCW 90.14.071, including those relating to waiver and relinquishment, shall have no applicability to a statement of claim filed pursuant to this section.