Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1268

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: Concerning the relinquishment of a water right.

Sponsors: Representatives Warnick, Chandler, Hinkle, Newhouse, Blake, Ross, Johnson, Smith, McCune, Condotta and Kretz.

Brief Summary of Bill

  • Allows the continuance of a water right if the owner uses at least a portion of the water right for the established purpose of use.

Hearing Date: 1/29/09

Staff: Jaclyn Ford (786-7339)

Background:

A water right is relinquished when the owner does not use all or a portion of his or her water for five consecutive years without showing sufficient cause.

The Department of Ecology (DOE) may determine when a water right has been relinquished and reverted to the state. A person may appeal the DOE findings to the Pollution Control Hearings Board.

Summary of Bill:

An owner of a water right does not relinquish his or her claim on the water if he or she continues to use at least a portion of the water for the established purpose of use.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.