BP BHEAD INT S

AN ACT Relating to water storage applications; amending RCW 90.03.320 and 90.14.140; and creating a new section.

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

NEW SECTION. Sec. 1. The state of Washington, pursuant to its concern regarding increasing demands on its diminishing water resources, has and does encourage water storage as a preferred method of addressing the dilemma.

It is the legislature's intent to accommodate the needs of the applicants and permittees who anticipated the future need of storage projects, while recognizing that actual construction may be deferred until the applicant's or permittee's requirements dictate the expenditure of capital to implement the project.

Sec. 2. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:

(1) Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause be not shown, said permit shall be canceled.

(2) Where an application has been received for future development of water storage, as referenced in RCW 90.42.005, commencement of construction need not occur until such time as the applicant or permittee has need for development. Should another applicant seek development of the same water storage, the current permittee shall have two years within which to commence construction or the permit will be subject to cancellation in accordance with the procedures in RCW 90.03.320. Nothing in this section shall prevent cancellation of a permit where the purpose for which the permit was issued has been abandoned. This section shall operate retroactively with respect to applications on file or permits in existence, including Reservoir Permit No. 1 in favor of the Oroville-Tonasket irrigation district which shall be construed as being in full force and effect. Any action by the department of ecology contrary to this subsection shall be considered withdrawn and of no force and effect.

Sec. 3. RCW 90.14.140 and 1987 c 125 s 1 are each amended to read as follows:

(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:

(a) Drought, or other unavailability of water;

(b) Active service in the armed forces of the United States during military crisis;

(d) The operation of legal proceedings;

(e) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas.

(2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:

(a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW, or

(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply, however, in those situations where no withdrawal or diversion facilities or impoundment structures are required until needed, no maintenance shall be required until facilities are actually constructed, or

(c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later, or

(d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW, or

(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030 as now or hereafter amended.