BP BHEAD INT S

AN ACT Relating to water supply regulation; amending RCW 43.21A.064 and 90.03.070; and adding new sections to chapter 43.27A RCW.

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

Sec. 1. RCW 43.21A.064 and 1995 c 8 s 3 are each amended to read as follows:

Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties:

(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;

(2) Insofar as may be necessary to assure safety to life or property, ((~~he shall~~)) inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and ((he)) the director may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;

(3) ((~~He shall~~)) Regulate and control the diversion of water in accordance with the rights thereto. Such regulation and control shall be exercised on the basis of the director's determination of the various rights involved, based on a review of the department's records and investigation of relevant facts as provided in section 3 of this act;

(4) ((~~He shall~~)) Determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;

(5) ((~~He shall~~)) Keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and ((~~shall~~)) procure all necessary documents, forms, and blanks. ((He)) The director shall keep a seal of the office, and all certificates by him or her covering any of ((~~his~~)) the director's acts or the acts of his or her office, or the records and files of his or her office, under such seal, shall be taken as evidence thereof in all courts;

(6) ((~~He shall~~)) Render when required by the governor, a full written report of the work of his or her office with such recommendations for legislation as he or she may deem advisable for the better control and development of the water resources of the state;

(7) The director and duly authorized deputies may administer oaths;

(8) ((~~He shall~~)) Establish and ((~~promulgate~~)) adopt rules governing the administration of chapter 90.03 RCW;

(9) ((~~He shall~~)) Perform such other duties as may be prescribed by law.

Sec. 2. RCW 90.03.070 and 1987 c 109 s 70 are each amended to read as follows:

It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water supply of ((~~his~~)) the water master's district among the several water conduits and reservoirs using said supply, according to the right and priority of each, respectively. ((He)) The water master shall divide, regulate and control the use of water within ((~~his~~)) the district by such regulation of headgates, conduits and reservoirs as shall be necessary to prevent the use of water in excess of the amount to which the owner of the right is lawfully entitled. Such regulation shall be exercised on the basis of the water master's tentative determination of the various rights involved, based on a review of the department's records and investigation of relevant facts. Whenever, in the pursuance of his or her duties, the water master regulates a headgate of a water conduit or the controlling works of a reservoir, ((he)) the water master shall attach to such headgate or controlling works a written notice, properly dated and signed, stating that such headgate or controlling works has been properly regulated and is wholly under ((~~his~~)) the water master's control and such notice shall be a legal notice to all parties. In addition to dividing the available waters and supervising the stream patrolmen in ((~~his~~)) the district, ((he)) the water master shall enforce such rules ((~~and regulations~~)) as the department shall from time to time prescribe.

The county or counties in which water master districts are created shall deputize the water masters appointed hereunder, and may without charge provide to each water master suitable office space, supplies, equipment and clerical assistance as are necessary to the water master in the performance of his or her duties.

NEW SECTION. Sec. 3. A new section is added to chapter 43.27A RCW to read as follows:

In issuing orders pursuant to RCW 43.27A.190 for the purpose of regulating between or among the users of water, the department shall first determine whether any use of water is based on a valid existing water right. In making such determination, the department shall investigate and make a tentative determination as to the priority, quantity, place of use, and point of diversion of the water right. Unless exigent circumstances exist, the department shall notify the person whose use of water will be regulated prior to issuing an order of regulation. The notice shall state that the order of regulation shall be issued in three days after receipt of the notice, unless the person can show cause in writing to the department why the department's decision is in error. The order of regulation shall be effective immediately upon issuance, unless otherwise stated in the order. The department's determination of the validity of a water right is not binding in any subsequent general adjudication, but is prima facie evidence of the existence and conditions of the right.

NEW SECTION. Sec. 4. A new section is added to chapter 43.27A RCW to read as follows:

In any appeal of a regulatory order issued pursuant to RCW 43.27A.190 it is not a defense that any of the rights recognized have not been confirmed in a general water rights adjudication.