SENATE BILL REPORT

ESSB 5984

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

Modifying water conservation procedures in the Yakima river basin.

Senate Committee on Agriculture

Senate Hearing Date(s):February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5984 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:Bob Lee (786-7404)

                  April 13, 1989

House Committe on Agriculture & Rural Development

AS PASSED SENATE, MARCH 8, 1989

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 rehabilitating 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 thus, 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 for federal legislation to be implementable, there need to be procedures established in state law allowing for the measure and transfer of the saved water within established principles of western water law.

One such principle is that 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.

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 provided with a water right certificate in the name of the state and is to be placed in the Yakima River Basin trust water program to be 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: James W. Trull, SVID (pro); Hedia Adelsman, Department of Ecology (pro); Judy Turpin, WEC (pro); Marlyta Deck WCA (pro); Stu Trefry, Department of Agriculture

HOUSE AMENDMENT:

Clarifying language was added so that only funds which are provided for the purposes of this act would trigger the requirement that the Department of Ecology contract with entities to obtain the water saved as a result of a project.

The requirement is deleted that additional state legislation would need to be enacted prior to utilization of Referendum 38 or emergency agricultural water supply funds to implement the provisions of this chapter.