Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Agriculture & Natural Resources Committee |
HB 1266
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Regarding sufficient cause for the nonuse of water.
Sponsors: Representatives Warnick, Chandler, Hinkle, Newhouse, Blake, Ross, Johnson, Kretz, McCune and Condotta.
Brief Summary of Bill |
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Hearing Date: 1/29/09
Staff: Jaclyn Ford (786-7339)
Background:
Water rights may be relinquished when a person, for five or more consecutive years, abandons or voluntarily fails without sufficient cause to beneficially use water in accordance with their recorded right's terms. The water code provides a "sufficient cause" list of statutory excuses that protect a water right from relinquishment.
Summary of Bill:
A water right change application is sufficient cause for nonuse of a water right. The DOE must not consider the time when a water right was pending a final determination on a change application when ascertaining whether relinquishment has occurred.
Appropriation: None.
Fiscal Note: Requested on 1/19/09.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.