HOUSE BILL REPORT

ESB 6003

BYSenator Hansen

Changing provisions relating to nonrelinquishment of water rights.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, Jacobsen, McLean, Moyer, Nealey and Rasmussen.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE APRIL 17, 1987

BACKGROUND:

The federal Reclamation Act of 1902 requires the secretary of the U.S. Department of Interior to secure water permits from a state for reclamation projects located in the state.  The legislature has established by law a system designed specifically for processing water permit applications for federal reclamation projects.  Once the state has been notified that the federal government intends to make surveys under reclamation law for the use of specified waters, the waters are not otherwise subject to appropriation during a feasibility study period.  If the secretary of the Interior notifies the state that the project is feasible, the waters are not subject to appropriation by others for a period established by the state administratively that is not less than three years, unless the waters are released by the United States.  If the project is not constructed, the waters are subject to appropriation by others.

Under this system, water has been removed from appropriation (that is, set aside) for the second half of the U. S. Bureau of Reclamation's Columbia Basin Project until December 14, 1989, unless the period is extended by the Department of Ecology.

SUMMARY:

BILL AS AMENDED:  Any water set aside from the state's water appropriation process during reclamation studies associated with the Columbia Basin Project shall continue to be set aside, without need for periodic renewal, until the project is declared completed or abandoned by the United States.

AMENDED BILL COMPARED TO ENGROSSED BILL:  The engrossed bill amended the provisions of law applicable to a person's relinquishing his or her existing water right for not using the right.  The amended bill amends directly the laws applicable to setting aside waters for potential use in federal reclamation projects.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    John Daly, Department of Agriculture; Stu Trefry, Washington State Grange; Jeanne Dickman, Washington Water Resources Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill as amended would not upset current uses of water or water management agreements.  It would ensure that the water set aside for the Columbia Basin Project is available until the federal government determines that it is needed.

House Committee - Testimony Against:      The bill without the amendment would have no effect on the Department of Ecology's authority to review the feasibility of the second half of the Columbia Basin Project and other information before determining whether or not the permit setting aside water for the project should be extended. The bill as amended would interfere with that evaluation process.