_______________________________________________
HOUSE
BILL 1549
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 01/28/1999.
Referred to Committee on Agriculture & Ecology.
Requiring
the department of ecology to extend the time for work under a permit if water
use has been prevented or restricted due to federal or state laws.
AN
ACT Relating to extending deadlines prescribed as conditions in water rights permits;
and amending RCW 90.03.320.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.03.320 and 1997 c 445 s 3 are each amended to read as follows:
Actual construction work shall be commenced on any project for
which permit has been granted within such reasonable time as shall be
prescribed by the department, and shall thereafter be prosecuted with diligence
and completed within the time prescribed by the department. The department, in
fixing the time for the commencement of the work, or for the completion thereof
and the application of the water to the beneficial use prescribed in the
permit, shall take into consideration the cost and magnitude of the project and
the engineering and physical features to be encountered, and shall allow such
time as shall be reasonable and just under the conditions then existing, having
due regard for the public welfare and public interests affected((: and, for
good cause shown, it)). For good cause shown, the department shall
extend the time or times fixed as aforesaid, and shall grant such further
period or periods as may be reasonably necessary, having due regard to the good
faith of the applicant and the public interests affected. Good cause
includes prevention or restriction of water use by operation of federal laws
for the time or times fixed for commencing work, completing work, and applying
water to beneficial use otherwise authorized under a water right permit issued
for a federal reclamation project. In fixing construction schedules and
the time, or extension of time, for application of water to beneficial use for
municipal water supply purposes, the department shall also take into
consideration the term and amount of financing required to complete the project,
delays that may result from planned and existing conservation and water use
efficiency measures implemented by the public water system, and the supply
needs of the public water system's service area, consistent with an approved
comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan,
a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved
under chapter 35.63 RCW, and related water demand projections prepared by
public water systems in accordance with state law. An existing comprehensive
plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand
projection may be used. If the terms of the permit or extension thereof, are
not complied with the department shall give notice by registered mail that such
permit will be canceled unless the holders thereof shall show cause within
sixty days why the same should not be so canceled. If cause is not shown, the
permit shall be canceled.
