BILL REQ. #:  S-3887.2 

Read first time 01/18/10.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to expanding the role of water conservancy boards; adding a new section to chapter 90.80 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds:
     (1) A substantial backlog currently exists for water rights applications in Washington state;
     (2) Due to a recent reduction to the department of ecology's water rights processing budget, the backlog is not likely to decline unless an alternative means of processing at least portions of water rights applications is established; and
     (3) The state should expedite the issuance of a water right certificate for water rights applications by authorizing the water conservancy boards to do a final examination of a project.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.80 RCW to read as follows:
     (1) Upon completion of a water appropriation and putting water to beneficial use, in order to receive a final water right certificate, the permit holder must obtain a final examination of the project to verify its completion and to determine and document the amount of water that has been appropriated for beneficial use, the location of diversion or withdrawal and conveyance facilities, and the actual place of use. A board may carry out a final examination of the project for a permit holder and submit the report to the department. The board shall take measurements or make estimates of the maximum diversion or withdrawal, the capacity of water storage facilities, the acreage irrigated, the type and number of residences served, the type and number of stock watered, and other information relevant to making a final determination of the amount of water beneficially used. The board shall take photographs of the facilities to document the use or uses of water and the photographs must be submitted with the examiner's report to the department. The department shall specify the format and required content of the reports and may provide a form for that purpose.
     (2) The decision regarding whether to issue a final water right certificate and in what amounts and other particulars is solely the responsibility and function of the department.
     (3) The director shall review the final examination of a project by the board and shall affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director or at the request of the board or applicant. If the director fails to act within the prescribed time period, the board's record of decision becomes the decision of the department and is appealable as provided by RCW 90.80.090. If the director acts within the prescribed time period, the director's decision to affirm, modify, or reverse is appealable as provided by RCW 90.80.090, and the director's decision to remand is appealable as provided by RCW 90.80.120(3)(b).