_______________________________________________
HOUSE
BILL 1642
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 02/01/1999.
Referred to Committee on Agriculture & Ecology.
Changing
surface water permit and rights provisions.
AN
ACT Relating to surface water permits and rights; amending RCW 90.03.030; and
adding new sections to chapter 90.03 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 90.03 RCW to read as follows:
The
legislature intends to allow modification of the point of diversion in a water
right permit when such a modification will provide both environmental benefits
and water supply benefits and nothing in section 2 of this act is to be
construed as allowing any other change or transfer of a right to the use of
surface water which has not been applied to a beneficial use.
NEW
SECTION. Sec. 2. A
new section is added to chapter 90.03 RCW to read as follows:
The
department may approve a change of the point of diversion prescribed in a
permit to appropriate water for a beneficial use to a point of diversion that
is located downstream and is an existing approved intake structure with
capacity to transport the additional diversion, if the ownership, purpose of
use, season of use, and place of use of the permit remain the same.
This
section may not be construed as limiting in any manner whatsoever other
authorities of the department under RCW 90.03.380 or other changes that may be
approved under RCW 90.03.380 under authorities existing before the effective
date of this section.
Sec.
3. RCW
90.03.030 and 1987 c 109 s 68 are each amended to read as follows:
Any person may convey any water which he or she may have a
right to use along any of the natural streams or lakes of this state, but not
so as to raise the water thereof above ordinary highwater mark, without making
just compensation to persons injured thereby; but due allowance shall be made
for evaporation and seepage, the amount of such seepage to be determined by the
department, upon the application of any person interested. Water conveyed
under this section may be conveyed to an approved intake structure located in a
neighboring state in order to accomplish an approved modification of the point
of diversion in a permit to appropriate water for a beneficial use, if approval
of the neighboring state is documented to the satisfaction of the department.
