FINAL BILL REPORT

SHB 232

                                  C 125 L 87

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn and Nealey; by request of Department of Ecology)

Prohibiting the relinquishment of water rights attached to lands enrolled in certain federal conservation reserve programs.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

SYNOPSIS AS ENACTED

BACKGROUND:

One of the elements of state water law is commonly known as the "use it or lose it" principle.  To maintain a water right, a person must exercise the right for a beneficial use.  If the person abandons the water right or fails to use it beneficially for five successive years, the person relinquishes the water right and the right reverts to the state.

Exempted from these provisions requiring the relinquishment of a water right is a failure to use the right for certain "sufficient causes" listed by law.  One such exemption is provided for a failure to use a water right which results from federal laws imposing land or water use restrictions.

SUMMARY:

State law is amended which exempts a failure to use the right resulting from federal laws imposing land or water use restrictions, from the requirement that a water right be relinquished for nonuse.  The exemption includes a failure to use the water right resulting from the application of those federal laws either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    46     0

EFFECTIVE:July 26, 1987