CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 6197

                        54th Legislature

                      1996 Regular Session

Passed by the Senate March 6, 1996   YEAS 45   NAYS 0 President of the Senate Passed by the House March 5, 1996   YEAS 73   NAYS 22

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6197 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                    SUBSTITUTE SENATE BILL 6197

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1996 Regular Session

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Ecology & Parks (originally sponsored by Senator Swecker)

Read first time 01/25/96.

Augmenting water supply.

    AN ACT Relating to water supply augmentation; adding a new section to chapter 90.03 RCW; and adding a new section to chapter 90.44 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 90.03 RCW to read as follows:

    The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment, take into consideration the benefits of the water impoundment that is included as a component of the application.  The department's consideration shall extend to any increased water supply that results from the impoundment including, but not limited to, any recharge of ground water that may occur.  Provision for impoundment in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department a condition for approving an application that does not include provision for impoundment.

    This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.44 RCW to read as follows:

    The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment, take into consideration the benefits of the water impoundment that is included as a component of the application.  The department's consideration shall extend to any increased water supply that results from the impoundment including, but not limited to, any recharge of ground water that may occur.  Provision for impoundment in an application shall be made solely at the discretion of the applicant and shall not be made by the department a condition for approving an application that does not include provision for impoundment.

    This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.

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