FINAL BILL REPORT

SSB 5984

                              C 429 L 89

BYSenate Committee on Agriculture (originally sponsored by Senators Newhouse and Barr)

Modifying water conservation procedures in the Yakima river basin.

Senate Committee on Agriculture

House Committe on Agriculture & Rural Development

SYNOPSIS AS ENACTED

BACKGROUND:

In 1979, the State Legislature, and in 1980, Congress authorized the Yakima River Basin Water Enhancement Project study to augment supplies of water in the Yakima Basin for instream flows and for irrigation.  The study has been conducted jointly by the Federal Bureau of Reclamation and the Department of Ecology.  Several elements of the project have been authorized and constructed, such as rehabilitation of several fish ladders and fish screens in the basin.

In 1985, legislation was developed which was aimed at improving the ability to manage and conserve basin waters.  There were proposals to authorize funding of improvements to existing irrigation systems designed to save water.  A major impediment to passage of this proposal was the inability to resolve how the saved water could be transferred to the state, and make it available for allocation to other uses.

Currently, there is congressional interest in formulating legislation to authorize water conserving improvements to existing irrigation systems.  In order to implement federal legislation, procedures need to be established to allow for the measure and transfer of the saved water within principles of western water law.

One such principle is waters can be transferred from one use to another as long as such change can be made without detriment or injury to existing water rights.  The Bureau of Reclamation has developed a computerized hydrologic model which can determine the amount of net water savings for projects in various locations in the basin and under varying water supply conditions.

SUMMARY:

The Department of Ecology is authorized to acquire water rights by purchase, gift, or means other than condemnation or through providing funds to assist in financing water conservation projects.  The department may utilize funds including those provided by the federal government to assist in financing water conservation projects.  In return, the water user is required to convey the net water saved by the conservation project to the state.  Only funds provided for the purposes of this act will trigger the requirement that the Department of Ecology contract with entities to obtain the water saved as a result of a project.

Net water savings are defined as the amount of water that, through hydrologic analysis, is determined to be conserved and is usable for other purposes without reducing the supply of water that would have been available to other water users.

The amount determined to be a net water saving retains the same priority as the original right.  A schedule of the amount of net saved water is to be developed annually to reflect the change in quantity that occurs as water supply conditions change from year to year.  This schedule is to serve as the basis for distribution and management of the trust water.

The net water savings resulting from various conservation projects is to be placed in the Yakima River Basin trust water program and managed by the Department of Ecology.  Trust water rights may be held for instream flows and/or for irrigation purposes.

A new chapter is created which applies only to waters of the Yakima River Basin.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 94  1 (House amended)

     Senate   48    0 (Senate concurred)

EFFECTIVE:July 23, 1989