5086-S AMS FRAS S2428.1

SSB 5086 - S AMD 141

By Senator Fraser

NOT ADOPTED 03/13/2003

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The water rights disputes task force created by section 302(21), chapter 371, Laws of 2002, shall include in its report a consideration of the following alternatives to the current jurisdiction of the pollution control hearings board over appeals taken from water-related decisions of the department of ecology:

(1) At the option of the appealing party, review by either the board or by the superior court where the land is located upon which the water is or would be used; and

(2) Review by the superior court where the land is located upon which the water is or would be used.

For both alternatives the task force shall include a consideration of such direct review in the superior court to be conducted de novo.

The task force shall also consider the alternative of an appeal from a board decision being taken directly to the court of appeals."

SSB 5086 - S AMD 141

By Senator Fraser

NOT ADOPTED 03/13/2003

On page 1, line 2 of the title, after "ecology;" strike the remainder of the title and insert "; and creating a new section."

EFFECT: Water Rights Disputes Task Force would include in its report consideration of alternative appeal processes for water-related Dept. of Ecology decisions.

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