S-2006               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4424

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Agriculture (originally sponsored by Senator Hansen)

Read first time 2/28/85.

AN ACT Relating to water rights; amending RCW 90.14.043; and declaring an emergency.

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

        Sec. 1.  Section 4, chapter 216, Laws of 1979 ex. sess. and RCW 90.14.043 are each amended to read as follows:

          (1) Notwithstanding any time restrictions imposed by the provisions of chapter 90.14 RCW, a person may file a claim pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided in this section.

          (2) A certification shall be issued by the pollution control hearings board if, upon petition to the board, it is shown to the satisfaction of the board that:

          (a) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) in the case of surface water beginning not later than June 7, 1917, and in the case of ground water beginning not later than June 7, 1945, or

          (b) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) from the date of entry of a court decree confirming a water right and any failure to register a claim resulted from a reasonable misinterpretation of the requirements as they related to such court decreed rights.

          (3) The board shall have jurisdiction to accept petitions for certification through December 31, 1985, and not thereafter, from any person ((through December 31, 1979, and not thereafter)) or entity that is a party in the Yakima adjudication  (State of Washington v. Acquavella) and that asserts a claim for a water right with a priority date of 1900 or earlier.

          (4) A petition for certification shall include complete information on the claim pursuant to RCW 90.14.051 (1) through (8), and any such information as the board may require.

          (5) The department of ecology is directed to accept for filing any claim certified by the board as provided in subsection (2) of this section.  The department of ecology, upon request of the board, may provide assistance to the board pertinent to any certification petition.

          (6) A certification by the pollution control hearings board or a filing with the department of ecology of a claim under this section shall not constitute a determination or confirmation that a water right exists.

          (7) The provisions of RCW 90.14.071 shall have no applicability to certified claims filed pursuant to this section.

          (8) This section shall have no applicability to ground waters resulting from the operations of reclamation projects.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.