1115-S AMH MAST LYNC 1

SHB 1115 - H AMDS 195 ADOPTED 3-14-97

By Representative Mastin

     On page 8, line 13, after ARCW 43.21B.310" strike Aor@ and insert A.  Any party to such an appeal@

     On page 8, line 24, after Aright;@ insert Aand@

     On page 8, line 27, after Awater@ strike everything down to and including ARCW@ on line 32

     On page 9, line 2, after Athe@ strike Apetitioner resides@ and insert Aproject under review is located@

     On page 9, line 3, after Atelephone@ insert Aat the discretion of the mediator@

     On page 9, line 4, after Ain the@ strike Amediation@ and insert Ainformal hearing@

     On page 9, line 4, after Amediator@ insert Aand the other parties@

     On page 9, line 6, after Aissues@ insert Aand supporting documentation@

     On page 9, line 13, after Acase@ insert Aunless the hearings board finds that the settlement agreement is contrary to law.

     If the hearings board finds that the settlement agreement is contrary to law, it shall notify the parties and refer the dispute back to mediation.  The parties may elect for further mediation or for fact finding with recommendations in accordance with subsection (3) of this section.@

     On page 9, line 15, after Awithin@ strike Afourteen@ and insert Athirty@

     On page 9, line 15, after Aappointed,@ insert Athe mediator shall issue a statement that a mutually acceptable settlement agreement has not been reached.  After the issuance of the statement,@

     On page 9, line 18, after Aother@ strike Aparty@ and insert Aparties@

     On page 9, line 26, after Ahearing.@ insert AThe date of the hearing must be set within thirty days of the appointment of the fact finder.@

     On page 9, line 27, after Athe@ strike Apetitioner resides@ and insert Aproject under review is located@

     On page 9, line 29, after Aother@ strike Aparty@ and insert Aparties@

     On page 9, line 36, after Aother@ strike Aparty@ and insert Aparties@

     On page 10, line 4, after Apresumption@ strike everything down to and including Arecommendations@ on line 6 and insert Aas part of the findings of fact or recommendations which presumes that an action will not impair the rights of a senior water right holder@

     On page 10, line 15, after Aappeal@ insert Athe water quantity decision@

     On page 10, line 18, after Ain@ strike everything down to and including Aplan@ and insert Awhere the land is located upon which the water is or would be used@

     On page 10, line 35, after Adirector@ strike everything down to and including Aorder@ on page 11, line 2

     On page 11, after line 5, insert the following:

ANEW SECTION. Sec. 15.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.@