AN ACT Relating to water resource areas; and
amending RCW 90.42.010, 90.42.030, 90.42.040, and 90.42.080.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 90.42.010 and 1991 c 347 s 5 are each amended to read as follows:
(1) The legislature finds that a need exists to
develop and test a means to facilitate the voluntary transfer of water and
water rights, including conserved water, to provide water for presently unmet
needs and emerging needs. Further, the legislature finds that water
conservation activities have the potential of affecting the quantity of return
flow waters to which existing water right holders have a right to and rely
upon. It is the intent of the legislature that persons holding rights to
water, including return flows, not be adversely affected in the implementation
of the provisions of this chapter.
((The purpose of this chapter is to provide
the mechanism for accomplishing this in a manner that will not impair existing
rights to water and to test the mechanism in two pilot planning areas
designated pursuant to RCW 90.54.045(2) and in the water resource inventory areas
designated under subsection (2) of this section.
(2) The department may designate up to four
water resource inventory areas west of the crest of the Cascade mountains and
up to four water resource inventory areas east of the crest of the Cascade
mountains, as identified pursuant to chapter 90.54 RCW. The areas designated
shall contain critical water supply problems and shall provide an opportunity
to test and evaluate a variety of applications of RCW 90.42.010 through
90.42.090, including application to municipal, industrial, and agricultural
use. The department shall seek advice from appropriate state agencies, Indian
tribes, local governments, representatives of water right holders, and
interested parties before identifying such water resource inventory areas.
(3))) (2)
The department shall provide to the appropriate legislative committees by
December 31, 1993, a written evaluation of the implementation of RCW 90.42.010
through 90.42.090 and recommendations for future application.
Sec. 2.
RCW 90.42.030 and 1991 c 347 s 7 are each amended to read as follows:
(1) For purposes of this chapter, the state may
enter into contracts to provide moneys to assist in the financing of water
conservation projects ((located within pilot planning areas and in water
resource inventory areas designated in accordance with RCW 90.42.010)). In
consideration for the financial assistance provided, the state shall obtain
public benefits defined in guidelines developed under RCW 90.42.050.
(2) If the public benefits to be obtained
require conveyance or modification of a water right, the recipient of funds
shall convey to the state the recipient's interest in that part of the water
right or claim constituting all or a portion of the resulting net water savings
for deposit in the trust water rights program. The amount to be conveyed shall
be finitely determined by the parties, in accordance with the guidelines
developed under RCW 90.42.050, before the expenditure of state funds. Conveyance
may consist of complete transfer, lease contracts, or other legally binding
agreements. When negotiating for the acquisition of conserved water or net
water savings, or a portion thereof, the state may require evidence of a valid
water right.
(3) As part of the contract, the water right
holder and the state shall specify the process to determine the amount of water
the water right holder would continue to be entitled to once the water
conservation project is in place.
(4) The state shall cooperate fully with the
United States in the implementation of this chapter. Trust water rights may be
acquired through expenditure of funds provided by the United States and shall
be treated in the same manner as trust water rights resulting from the
expenditure of state funds.
(5) If water is proposed to be acquired by or
conveyed to the state as a trust water right by an irrigation district,
evidence of the district's authority to represent the water right holders shall
be submitted to and for the satisfaction of the department.
(6) The state shall not contract with any
person to acquire a water right served by an irrigation district without the
approval of the board of directors of the irrigation district. Disapproval by
a board shall be factually based on probable adverse effects on the ability of
the district to deliver water to other members or on maintenance of the
financial integrity of the district.
Sec. 3.
RCW 90.42.040 and 1991 c 347 s 8 are each amended to read as follows:
(1) All trust water rights acquired by the
state shall be placed in the state trust water rights program to be managed by
the department. Trust water rights acquired by the state shall be held or
authorized for use by the department for instream flows, irrigation, municipal,
or other beneficial uses consistent with applicable regional plans for pilot
planning areas, or to resolve critical water supply problems ((in water
resource inventory areas designated in accordance with RCW 90.42.010)).
(2) The department shall issue a water right
certificate in the name of the state of Washington for each permanent trust
water right conveyed to the state indicating the reach or reaches of the
stream, the quantity, and the use or uses to which it may be applied. A
superseding certificate shall be issued that specifies the amount of water the
water right holder would continue to be entitled to as a result of the water
conservation project. The superseding certificate shall retain the same
priority date as the original right. For nonpermanent conveyances, the
department shall issue certificates or such other instruments as are necessary
to reflect the changes in purpose or place of use or point of diversion or
withdrawal. Water rights for which such nonpermanent conveyances are arranged
shall not be subject to relinquishment for nonuse.
(3) A trust water right retains the same
priority date as the water right from which it originated, but as between them
the trust right shall be deemed to be inferior in priority unless otherwise
specified by an agreement between the state and the party holding the original
right.
(4) Exercise of a trust water right may be
authorized only if the department first determines that neither water rights
existing at the time the trust water right is established, nor the public
interest will be impaired. If impairment becomes apparent during the time a
trust water right is being exercised, the department shall cease or modify the
use of the trust water right to eliminate the impairment.
(5) Before any trust water right is created or
modified, the department shall, at a minimum, require that a notice be
published in a newspaper of general circulation published in the county or
counties in which the storage, diversion, and use are to be made, and in other
newspapers as the department determines is necessary, once a week for two
consecutive weeks. At the same time the department shall send a notice
containing pertinent information to all appropriate state agencies, potentially
affected local governments and federally recognized tribal governments, and
other interested parties.
(6) RCW 90.14.140 through 90.14.230 have no
applicability to trust water rights held by the department under this chapter
or exercised under this section.
(7) RCW 90.03.380 has no applicability to trust
water rights acquired by the state through the funding of water conservation
projects.
Sec. 4.
RCW 90.42.080 and 1991 c 347 s 12 are each amended to read as follows:
(1) ((Within the pilot planning areas, and
in water resource inventory areas designated in accordance with RCW 90.42.010,))
The state may acquire all or portions of existing water rights, by
purchase, gift, or other appropriate means other than by condemnation, from any
person or entity or combination of persons or entities. Once acquired, such
rights are trust water rights.
(2) The department may enter into leases,
contracts, or such other arrangements with other persons or entities as
appropriate, to ensure that trust water rights acquired in accordance with this
chapter may be exercised to the fullest possible extent.
(3) Trust water rights may be acquired by the
state on a temporary or permanent basis.
(4) The provisions of RCW 90.03.380 and
90.03.390 apply to transfers of water rights under this section.
(5) No funds may be expended for the purchase
of water rights by the state pursuant to this section unless specifically
appropriated for this purpose by the legislature.
