H-2214.1

HOUSE BILL 2067

State of Washington
67th Legislature
2022 Regular Session
ByRepresentatives Kraft, Chase, Sutherland, Jacobsen, and Eslick
Read first time 01/20/22.Referred to Committee on Rural Development, Agriculture & Natural Resources.
AN ACT Relating to the allocation of water that has been relinquished pursuant to chapter 90.14 RCW; amending RCW 90.14.180; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. The legislature finds that water is vital for farms, people, and our communities, and that it is critical for this important resource to be readily available for locally owned family farms to continue growing crops, providing appropriate food supply for consumption, and expanding Washington's export opportunities now and into the future. The legislature therefore finds that when water that is relinquished under chapter 90.14 RCW, it should be reallocated in a timely manner for both out-of-stream uses and to augment instream flows.
Sec. 2. RCW 90.14.180 and 1987 c 109 s 101 are each amended to read as follows:
Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.44.080, or 90.44.090 who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of five successive years shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250. For any water relinquished under the provisions of this chapter, at least two-thirds of that water must be allocated to out-of-stream purposes in a timely manner and made available with a priority consideration for locally owned family farms that have been waiting six months or longer for a water permit. One-third of the water relinquished must be made available to augment instream flows and must be managed by the department of ecology, in cooperation with the department of fish and wildlife and with fisheries comanagers. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330 shall expressly incorporate this section by reference.
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