AN ACT Relating to fees for water rights and
related approvals; amending RCW 90.03.470; and creating new sections.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The legislature finds that a water right confers significant economic benefits
to the water right holder. The fees associated with acquiring a water right
have not changed significantly since 1917. Water rights applicants pay less
than two percent of the costs of the administration of the water rights
program. The legislature finds that, since water rights are of significant
value, water rights applicants should contribute more to the cost of
administration of the water rights program.
The legislature also finds that an abrupt
increase in water rights fees could be disruptive to water rights holders and
applicants. The legislature further finds that water rights applicants have a
right to know that the water rights program is being administered efficiently
and that the fees charged for various services relate directly to the cost of
providing those services.
Therefore, the legislature creates a task force
to review the water rights program, to make recommendations for streamlining
the application process and increasing the overall efficiency and
accountability of the administration of the program, and to return to the
legislature with a proposal for a fee schedule where the fee levels relate
clearly to the cost of services provided.
Sec. 2.
RCW 90.03.470 and 1987 c 109 s 98 are each amended to read as follows:
Except as otherwise provided in subsection
(15) of this section, the following fees shall be collected by the
department in advance:
(1) For the examination of an application for
permit to appropriate water or on application to change point of diversion,
withdrawal, purpose or place of use, a minimum of ten dollars, to be paid with
the application. For each second foot between one and five hundred second
feet, two dollars per second foot; for each second foot between five hundred
and two thousand second feet, fifty cents per second foot; and for each second
foot in excess thereof, twenty cents per second foot. For each acre foot of
storage up to and including one hundred thousand acre feet, one cent per acre
foot, and for each acre foot in excess thereof, one-fifth cent per acre foot.
The ten dollar fee payable with the application shall be a credit to that
amount whenever the fee for direct diversion or storage totals more than ten
dollars under the above schedule and in such case the further fee due shall be the
total computed amount less ten dollars.
Within five days from receipt of an application
the department shall notify the applicant by registered mail of any additional
fees due under the above schedule and any additional fees shall be paid to and
received by the department within thirty days from the date of filing the
application, or the application shall be rejected.
(2) For filing and recording a permit to
appropriate water for irrigation purposes, forty cents per acre for each acre
to be irrigated up to and including one hundred acres, and twenty cents per
acre for each acre in excess of one hundred acres up to and including one
thousand acres, and ten cents for each acre in excess of one thousand acres;
and also twenty cents for each theoretical horsepower up to and including one
thousand horsepower, and four cents for each theoretical horsepower in excess
of one thousand horsepower, but in no instance shall the minimum fee for filing
and recording a permit to appropriate water be less than five dollars. For all
other beneficial purposes the fee shall be twice the amount of the examination
fee except that for individual household and domestic use, which may include
water for irrigation of a family garden, the fee shall be five dollars.
(3) For filing and recording any other water
right instrument, four dollars for the first hundred words and forty cents for
each additional hundred words or fraction thereof.
(4) For making a copy of any document recorded
or filed in his office, forty cents for each hundred words or fraction thereof,
but when the amount exceeds twenty dollars, only the actual cost in excess of
that amount shall be charged.
(5) For certifying to copies, documents,
records or maps, two dollars for each certification.
(6) For blueprint copies of a map or drawing,
or, for such other work of a similar nature as may be required of the
department, at actual cost of the work.
(7) For granting each extension of time for
beginning construction work under a permit to appropriate water, an amount
equal to one-half of the filing and recording fee, except that the minimum fee
shall be not less than five dollars for each year that an extension is granted,
and for granting an extension of time for completion of construction work or
for completing application of water to a beneficial use, five dollars for each
year that an extension is granted.
(8) For the inspection of any hydraulic works
to insure safety to life and property, the actual cost of the inspection,
including the expense incident thereto.
(9) For the examination of plans and
specifications as to safety of controlling works for storage of ten acre feet
or more of water, a minimum fee of ten dollars, or the actual cost.
(10) For recording an assignment either of a
permit to appropriate water or of an application for such a permit, a fee of
five dollars.
(11) For preparing and issuing all water right
certificates, five dollars.
(12) For filing and recording a protest against
granting any application, two dollars.
(13) The department shall provide timely
notification by certified mail with return receipt requested to applicants that
fees are due. No action may be taken until the fee is paid in full. Failure
to remit fees within sixty days of the department's notification shall be grounds
for rejecting the application or canceling the permit. Cash shall not be
accepted. Fees must be paid by check or money order and are nonrefundable.
(14) For purposes of calculating fees for
ground water filings, one cubic foot per second shall be regarded as equivalent
to four hundred fifty gallons per minute.
(15) For the period beginning July 1, 1993,
and ending June 30, 1994, there is imposed and the department shall collect a
one hundred dollar surcharge on all water rights applications or changes filed
under this section, and upon all water rights applications or changes pending
as of July 1, 1993. This charge shall be in addition to any other fees imposed
under this section.
NEW SECTION. Sec. 3.
(1) There is created a water rights fees task force. The task force shall be
comprised of fourteen members, who are appointed as follows:
(a) Two members of the Washington state house
of representatives, one from each major caucus, to be appointed by the speaker
of the house of representatives;
(b) Two members of the Washington state senate,
one from each major caucus, to be appointed by the president of the senate;
(c) Ten members, to be appointed jointly by the
speaker of the house of representatives and the president of the senate, to
represent the following interests: Agriculture, aquaculture, business, cities,
counties, the state department of ecology, environmentalists, water recreation
interests, water utilities, and hydropower interests. The task force may
establish technical advisory committees as necessary to complete its tasks.
(2) The task force shall conduct a
comprehensive review of water rights fees. The task force's tasks shall
include but not be limited to:
(a) Identification of the costs associated with
the various activities and services provided by the water rights program and
examination of how these costs compare with the fees charged for these
activities and services;
(b) Identification of appropriate
accountability measures for the department of ecology to employ in
administration of the water rights program. Recommendations of accountability
requirements and measurements shall take into account the distinctive
characteristics of the water rights program, that is, that the department
receives a large number of applications on a one-time basis and that the
department of ecology must meet its legal obligations under the doctrine of
prior appropriation;
(c) Identification of which program activities
should be eligible for cost recovery from fees, as well as which direct and
indirect costs of program administration;
(d) Review of the application, examination, and
water rights permit requirements for marine water users to determine if these
users should receive special fee consideration;
(e) Review of the definition and treatment of
nonconsumptive water uses to determine if special fee consideration should be
given to these users;
(f) Review of the fees and accounting methods
for the dam safety program;
(g) Identification of the appropriate
distribution of responsibility between the applicant and the department of
ecology for provision of technical information and analysis; and
(h) Establishment of a reasonable time
framework for completion of new and pending water rights applications, and an
analysis of the staff and funding levels required to meet the established time
framework.
(3) Before December 1, 1993, the task force
shall:
(a) Provide recommendations to the department
of ecology on ways to improve the efficiency and accountability of the water
rights program;
(b) Provide recommendations to the legislature
on statutory changes necessary to make these efficiency and accountability
improvements; and
(c) Propose a new fee schedule for the water
rights program which incorporates the results of the task force's work and
which funds through fees fifty percent of the cost of the activities and
services provided by the program.
(4) The department of ecology and the
legislature shall jointly provide for the staff support of the task force.
(5) The task force shall convene as soon as
possible upon the appointment of its members. Task force members shall elect a
chair and adopt rules for conducting the business of the task force. The task
force shall expire on June 30, 1994.
NEW SECTION. Sec. 4.
The legislature finds that installation of trickle irrigation systems in
climatically and economically suitable areas may result in significant water
savings. The legislature further finds that encouraging the voluntary transfer
of the water savings will provide an incentive for the installation of trickle
irrigation systems.
Therefore, the legislature directs the
committee on natural resources and parks in the house of representatives and
the committee on energy and utilities in the senate to jointly: (1) Study the
physical, legal, and economic feasibility of transferring water saved from
installation of trickle irrigation systems; (2) explore the relationship
between a possible water transfer program connected to water savings from
trickle irrigation systems and the state's existing trust water rights program;
and (3) make recommendations for legislation to implement a transfer program
for savings from trickle irrigation systems, if the committees determine that
such a program is in the public interest. The committees shall coordinate the
study with the agriculture committees in the senate and the house of
representatives. The committees shall report their findings and
recommendations to the legislature by December 1, 1993.
