BP BHEAD INT H

AN ACT Relating to water rights acquired by prescription or adverse use; amending RCW 90.14.220, 90.14.041, 90.14.071, 90.03.250, and 90.44.050; 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) The legislature expressly acknowledges that establishing rights to the beneficial use of ground or surface waters of the state by prescription or adverse use was not prohibited until July 1, 1967. The legislature finds, however, that considerable confusion persists as to whether statements of claims regarding such rights were authorized to be filed during previous claim filing periods provided by this chapter.

(2) A filing period for filing statements of claims for water rights acquired by prescription or adverse use 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. The provisions of this chapter regarding the relinquishment of rights for abandonment or failure beneficially to use water without sufficient cause apply to rights claimed under this section. Each statement of claim shall be accompanied by a signed certification that the waters governed by the claimed right have been applied to beneficial use continuously, with no period of nonuse exceeding five consecutive years without sufficient cause, since July 1, 1967. The statement of claim forms provided under RCW 90.14.051 shall identify or facilitate this certification requirement.

(3) 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 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 rights to the beneficial use of water established by prescription or adverse use must register the claim 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, the certification that must accompany such a claim, and other information relevant to filings and statements of claim for such rights.

Sec. 2. RCW 90.14.220 and 1967 c 233 s 22 are each amended to read as follows:

Beginning July 1, 1967, no rights to the use of surface or ground waters of the state affecting either appropriated or unappropriated waters thereof may be acquired by prescription or adverse use.

Sec. 3. 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. 4. 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.

Sec. 5. RCW 90.03.250 and 1987 c 109 s 83 are each amended to read as follows:

Except as provided in section 1 of this act, any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.

Sec. 6. RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:

Except as provided by section 1 of this act and this section, after June 6, 1945, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided((~~: EXCEPT, HOWEVER, That~~)). However, any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.