BP BHEAD INT H

AN ACT Relating to water rights claim filing; amending RCW 90.14.041 and 90.14.071; and adding a new section to chapter 90.14 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 90.14 RCW to read as follows:

(1) A new period for filing statements of claim for water rights is established. The filing period shall begin September 1, 1995, and shall end at midnight June 30, 1996. A statement filed during this filing period shall be filed as provided in RCW 90.14.051 and 90.14.061 and shall be subject to the provisions of this chapter regarding statements of claim. This reopening of the period for filing statements of claim shall not affect or impair in any respect whatsoever any water right existing prior to the effective date of this section. A water right embodied in a statement of claim filed under this section is subordinate to any water right embodied in a permit or certificate issued under chapter 90.03 or 90.44 RCW prior to the date the statement of claim is filed with the department and is subordinate to any water right embodied in a statement of claim filed in the water rights claims registry before the effective date of this section.

(2) The department of ecology shall, at least once each week during the month of August 1995 and at least once each month during the filing period, publish a notice regarding this new filing period in newspapers of general circulation in the various regions of the state. The notice shall contain the substance of the following notice:

WATER RIGHTS NOTICE

Every person and entity, public or private, claiming water rights established under the laws of the state of Washington, are hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state, except those water rights based upon the authority of a permit or certificate issued by the department of ecology or one of its predecessors or based upon a statement of claim that has previously been filed in the state's water rights claims registry during other registration periods, must be registered with the department of ecology, Olympia, Washington, on or after September 1, 1995, and not later than June 30, 1996. FAILURE TO REGISTER AS REQUIRED BY LAW WILL RESULT IN A WAIVER AND RELINQUISHMENT OF SAID WATER RIGHT OR CLAIMED WATER RIGHT. For further information contact the department of ecology, Olympia, Washington, for a copy of the law providing this filing period and an explanation of the law and its requirements.

The department shall also prepare, make available to the public, and distribute to the communications media information describing the types of rights for which statements of claim need not be filed, the effect of filing, the effect of RCW 90.14.071, and other information relevant to filings and statements of claim.

(3) The department of ecology shall ensure that employees of the department are readily available to respond to inquiries regarding filing statements of claim and that all of the information the department has at its disposal that is relevant to an inquiry regarding a particular potential claim, including information regarding other rights and claims in the vicinity of the potentially claimed right, is available to the person making the inquiry. The department shall dedicate additional staff in each of the department's regional offices and in the department's central office to ensure that responses and information are provided in a timely manner during each of the business days during the month of August 1995 and during the new filing period.

Sec. 2. RCW 90.14.041 and 1988 c 127 s 73 are each amended to read as follows:

All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as ((~~hereinafter~~)) provided in this section, RCW 90.14.043, and section 1 of this act, shall file with the department of ecology not later than June 30, 1974, a statement of claim for each water right asserted on a form provided by the department. This section shall not apply to any water rights which are based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors.

Sec. 3. RCW 90.14.071 and 1969 ex.s. c 284 s 16 are each amended to read as follows:

Any person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.041, who fails to file a statement of claim as provided in RCW 90.14.041, 90.14.043, or section 1 of this act and in RCW 90.14.051 and 90.14.061, shall be conclusively deemed to have waived and relinquished any right, title, or interest in said right.