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SUBSTITUTE SENATE BILL NO. 5594
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AS AMENDED BY THE HOUSE
C 093 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senate Committee on Agriculture (originally sponsored by Senators Hansen, Barr, Bauer, Deccio and Newhouse)
Read first time 2/19/87.
AN ACT Relating to water rights claims; adding a new section to chapter 90.14 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.14 RCW to read as follows:
Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry on the effective date of this section, may submit to the department of ecology for filing, an amendment to such a statement of claim if the submitted amendment is based on:
(1) An error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.051 if the applicant provides reasons for the failure to claim such right in the original claim;
(2) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; or
(3) The amendment is ministerial in nature.
The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of subsection (1), (2), or (3) of this section have not been satisfied. Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department. The provisions of RCW 90.14.081 shall apply to any amendment filed under this section.
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.