S-1875.2 _______________________________________________
SUBSTITUTE SENATE BILL 5807
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State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Agriculture & Water Resources (originally sponsored by Senators Newhouse, Bauer, Barr and Gaspard).
Read first time March 6, 1991.
AN ACT Relating to public ground waters; and adding a new section to chapter 90.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.44 RCW to read as follows:
(1) In addition to the provisions for transfer or change of a right to the use of water as provided by this chapter and chapter 90.03 RCW, a water right pertaining to public ground waters may, upon written request filed with the department by a person holding a water right, be changed or transferred without loss of priority from a right exercisable on a seasonal basis only to a right exercisable throughout a calendar year or another seasonal basis for either the beneficial use or uses embodied in the existing right or for a new beneficial use or uses. Requests shall be approved if it appears to the department that the proposed change or transfer (a) pertains to an existing right on the date of the filing of the request, (b) relates to the same water-bearing zone as the existing right, (c) will not exceed the annual amount actually applied to a beneficial use as authorized for withdrawal under the existing right, (d) will not impair existing rights, and (e) is not in conflict with the public interest. A written request, as provided under this section, shall be made on a form provided by the department. The request shall be processed pursuant to the procedures of RCW 90.44.100. The requestor may, or upon the request of the department shall, provide pertinent information to the department in support of a request for a change or transfer.
(2) Whenever a request to change or transfer a portion of a water right only is approved, the department shall issue to the water right holder or holders both (a) a permit, including an appropriate beneficial use implementation schedule, pertaining to the approved portion of the right for change or transfer, and (b) a superseding certificate embodying the portion of the right remaining after approval of the requested change or transfer.