S-1357               _______________________________________________

                                                   SENATE BILL NO. 5594

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Hansen, Barr, Bauer, Deccio and Newhouse

Read first time 2/5/87 and referred to Committee on Agriculture.

AN ACT Relating to water rights claims; amending RCW 90.14.043; and adding a new section to chapter 90.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 90.04 RCW to read as follows:

          The department shall accept amendments to claims filed pursuant to RCW 90.14.043 under the following conditions:

          (1) The amendment is based on an error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.051 if adequate documentation of the right to the amended claim and reasons for the failure to claim such right in the original claim accompany such amended claim;

          (2) The amendment is based on a change in circumstances not foreseeable at the time the original petition was filed.  Such change in circumstances shall relate 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.

        Sec. 2.  Section 4, chapter 216, Laws of 1979 ex. sess. as amended by section 1, chapter 435, Laws of 1985 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 from any person through ((September 1, 1985)) August 1, 1987, and not thereafter.

          (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.