S-3908.1 _______________________________________________
SENATE BILL 6525
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State of Washington 56th Legislature 2000 Regular Session
By Senators Fraser, Swecker, Jacobsen, Eide, McAuliffe and Gardner
Read first time 01/18/2000. Referred to Committee on Environmental Quality & Water Resources.
AN ACT Relating to prioritizing the processing of applications for water rights changes and transfers; adding a new section to chapter 90.03 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature intends to facilitate ongoing reallocation of existing developed water rights for maximum net benefit; allow the processing of water right changes and transfers ahead of new applications; promote expeditious processing of applications for water rights changes and transfers for which information to render a decision is readily available and unreasonable delay is inequitable; help assure that transaction costs are in keeping with the complexity of the transaction; maintain the ability to approve water rights changes and transfers subject to conditions for protection of existing water rights and the public interest, ensuring that changes and transfers are justified and that fish recovery and instream flow needs are addressed; and promote the rendering of decisions in the public interest.
NEW SECTION. Sec. 2. The legislature finds that water rights are usufructuary rights and are maintained only by continuous beneficial use; that the rights acquired by water right holders, as a result of continuous beneficial use of water, must be protected; that changes or transfers of water rights cannot impair other existing water rights for the same source of supply; that ongoing reallocation of existing developed water rights, so as to increase net benefit, is in the public interest; that net benefit can be increased through both in-stream and appropriative uses; and that information provided by the public is a means of helping to assure that decisions regarding water resources are in the public interest and protective of water rights.
NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:
(1) Applications for changes or transfers of water rights may be processed and decisions on them rendered independently of pending applications for new water rights for the same source of supply and independently of any applications for other sources of supply, without regard to the date on which the applications were filed.
(2) Except as provided in this section, applications for changes or transfers of water rights for the same source of supply shall be processed and decisions on them rendered in the order in which they were filed. Applications that meet one or more of the following criteria may receive priority:
(a) Immediate action is required to alleviate a public health and safety emergency or otherwise preserve public health and safety;
(b) Minimal investigation and verification is required to render a decision. Sufficient documentation of the existence of the water right is provided or is readily available and sufficient documentation of the quantity of water historically put to beneficial use is provided, in the form of either records of actual measurement or evidence of use such that the quantity can be readily calculated using recognized and region-specific estimates of the amount necessary to accomplish the beneficial use employing reasonably efficient practices; or
(c) Other criteria that the department may establish by adoption of rules, including, but not limited to, substantial environmental or other public benefit.
(3) The public notice of the commencement of processing of applications for changes or transfers shall include publication on the department's web page and any public comments received in the course of processing shall be considered.
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