S-1548.1 _______________________________________________
SENATE BILL 5807
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State of Washington 52nd Legislature 1991 Regular Session
By Senators Newhouse, Bauer, Barr and Gaspard.
Read first time February 21, 1991. Referred to Committee on Agriculture & Water Resources.
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:
In addition to the provisions for transfer or change of a right to the use of water as provided presently 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 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 (1) relates to the same water-bearing zone as the existing right, (2) will not exceed the annual amount authorized for withdrawal under the existing right, (3) will not interfere with existing rights of other persons, and (4) is not in conflict with the public interest. A written request, as provided under this section, shall be made on a form approved by the department and shall be published pursuant to the newspaper notice procedure of RCW 90.03.280. 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. No approval of a request, entitled "a certificate of change," shall be issued by the department prior to the completion of the newspaper notice procedure required by this section.