S-1920               _______________________________________________

                                                   SENATE BILL NO. 5983

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Newhouse

Read first time 2/21/89 and referred to Committee on  Agriculture.

AN ACT Relating to water rights; and amending RCW 90.03.160.

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

        Sec. 1.  Section 19, chapter 117, Laws of 1917 as amended by section 76, chapter 109, Laws of 1987 and RCW 90.03.160 are each amended to read as follows:

          Upon the completion of the service of summons as hereinbefore provided, the superior court in which said proceeding is pending shall make an order referring said proceeding to the department to take testimony by its duly authorized designee, as referee, and the designee shall report to and file with the superior court of the county in which such cause is pending a transcript of such testimony for adjudication thereon by such court.  The superior court may, in any complex case with more than one thousand named defendants, including the United States, retain for hearing and further processing such portions of the proceeding as pertain to a discrete class or classes of defendants or claims of water rights if the court determines that:  (1) Resolution of claims of such classes appear to involve significant issues of law, either procedural or substantive; and (2) such a retention will both expedite the conclusion of the case and reduce the overall expenditures of the plaintiff, defendants, and the court.