BP BHEAD INT S

AN ACT Relating to fees for water rights and related approvals; and amending RCW 90.03.470.

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

Sec. 1. RCW 90.03.470 and 1987 c 109 s 98 are each amended to read as follows:

(1) 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~~)) (a) For filing with the department each application to appropriate public water, construct a reservoir, or change or transfer a water right, one hundred dollars. The filing fee is due upon submittal of the application to the department. The application will not be considered complete, accepted for filing, or assigned a priority date until the filing fee is paid in full.

(b) For the examination of an application for a permit to appropriate water, the following fee schedule shall apply:

(i) For applications for a quantity greater than zero cubic feet per second and less than one cubic foot per second, one hundred forty dollars for each one-tenth cubic foot per second or portion thereof.

(ii) For applications for a quantity of one cubic foot per second or more and less than one hundred cubic feet per second, one thousand four hundred dollars for each cubic foot per second or portion thereof.

(iii) For applications for a quantity of one hundred cubic feet per second or more, one hundred forty thousand dollars.

(c) For examination of an application to construct a reservoir, five hundred dollars or one dollar per acre-foot of capacity, whichever is greater, but not to exceed one hundred forty thousand dollars.

(d) For examination of a permanent change or transfer, one hundred dollars or one-half the fee required in (b) of this subsection for a new water right for an equivalent quantity of water, whichever is greater.

(e) For examination of a temporary or seasonal change or transfer, one hundred dollars.

(f) For examining an application for an existing project or change established without prior approval, the same examination fee as for a new application or change plus twenty-five percent. Prior approval may include possession of a valid water right claim, a permit or certificate to appropriate public waters, or a temporary permit issued by the department.

(g) For issuance of a permit to appropriate public water or an authorization to change or transfer a water right, one hundred dollars or one-half of the examination fee for an equivalent quantity of water, whichever is greater. No fee shall be charged for the issuance of a certificate of water right.

(h) For granting each extension of time for beginning construction, completing construction, or completing application of water to beneficial use, one hundred dollars.

(i) For recording an assignment of a permit or an application to appropriate water, one hundred dollars for each assignee.

(j) For an application for a new water right, reservoir, or change or transfer filed and accepted by the department prior to January 1, 1993, the examination and permit fees shall be one hundred dollars or one-half the amount indicated in (b), (c), and (d) of this subsection, as applicable, whichever is greater.

(k) For the inspection of any hydraulic works to ensure safety to life and property, the actual cost of the inspection and related expenses.

(l) For the examination of plans and specifications as to the safety of controlling works for storage of ten acre feet or more of water, a minimum fee of five hundred dollars, or the actual cost, except that the fee for examining plans and specifications to remove an unsafe dam shall be ten dollars.

(2) The department shall provide timely notification by certified mail to applicants that fees are due. No action may be taken until the fee is paid in full. Failure to remit fees within thirty days of the department's notification shall be grounds for rejecting the application. Cash shall not be accepted. Fees must be paid by check or money order and are nonrefundable.

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.

(3) The department shall provide each applicant with a report regarding the status of that person's application no later than one year following submittal of an application that is completed as provided in RCW 90.03.260, 90.03.270, and 90.44.060. The department shall make a good faith effort to expedite action on water right applications.

(4) The department shall submit a report to the appropriate committees of the legislature by November 30 of each even-numbered year showing detailed information on fees collected, actual expenses incurred, and anticipated expenses.