S-2153.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5949

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senate Committee on Senate Select Committee on Water Policy (originally sponsored by Senator Fraser)

Read first time 03/01/95.

Making changes to water supply regulation.

    AN ACT Relating to water supply regulation; and adding a new section to chapter 43.27A RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.27A RCW to read as follows:

    The purpose of this section is to set forth the powers of the department to regulate the withdrawal or diversion of public waters and water or water rights related thereto including regulation based on dates of priority or other pertinent factors.  Regulatory actions taken under this section shall be based on examination and determination by the department or the court, as applicable, of the various water rights involved according to the department's records and other records and pertinent facts.  The powers set forth in this section may be exercised whether or not a general adjudication relating to the water rights involved has been conducted.

    (1) In a regulatory situation (a) where a water right or all water rights proposed for regulation by the department, as well as any right or rights of a senior priority that the proposed regulation is designed to protect, is or are embodied in a certificate or certificates issued under RCW 90.03.240, 90.03.330, 90.38.040, 90.42.040, or 90.44.060 or a permit or permits issued pursuant to RCW 90.03.290 or 90.44.060; or (b) where a flow or level has been established by rule pursuant to chapter 90.22 or 90.54 RCW; or (c) where it appears to the department that public waters are being withdrawn without any right or other appropriate authority whatsoever, the department in its discretion is authorized to regulate the right or rights under either RCW 43.27A.190 or subsection (2) of this section.

    (2) In a regulatory situation where one or more of the water rights proposed for regulation by the department, as well as any right or rights of a senior priority that the proposed regulation is designed to protect, is not or are not embodied in a permit or certificate as described in subsection (1) of this section, the department, as its sole and exclusive power to regulate, is authorized to bring an appropriate action at law or in equity, including seeking injunctive relief, as it may deem necessary.  Where actions are brought in a state court, the actions shall be initiated in the superior court of the county where the point or points of diversion of the water right or rights proposed for regulation are located.  If the points of diversion are located in more than one county, the department may bring the action in a county where a point of diversion is located.

    (3) Nothing in this section authorizes the department to accomplish a general adjudication of water rights proceeding or the substantial equivalent of a general adjudication of water rights.  The exclusive procedure for accomplishing a general adjudication of water rights is under RCW 90.03.110 through 90.03.245 or 90.44.220.

    (4) Nothing in this section shall amend, revise, or repeal RCW 90.14.130 or 90.14.200.

    (5) This section does not in any way modify regulatory powers previously placed with the department except as provided in subsections (1) and (2) of this section.

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