1112-S AMS FRAS WILB 007

SHB 1112 - S AMD - 456

    By Senators Fraser and Morton

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

    "NEW SECTION. Sec. 8.  A new section is added to chapter 90.03 RCW to read as follows:

    (1) The department shall at the request of a claimant provide administrative assistance to said claimant in the preparation of a claim.  The department shall upon the written request of a claimant make available information from its records regarding water rights and claims that may be appurtenant to the property of the claimant.  Although the department may assist a claimant, the claimant assumes sole responsibility that the claim submitted to the court accurately describes the asserted water rights.

    (2) The department shall maintain records of adjudication proceedings and subject to the availability of staffing and funds may carry out such administrative tasks relating to the general adjudication of rights as are requested by the referee and the Court.

    (3) The department may investigate the statements of claim filed under RCW 90.03.140 to determine the present nature of water diversion or withdrawal and the extent of use on lands to which claimed rights are appurtenant.  The department may determine the capacity of conveyance facilities and conveyance losses, the acreage under irrigation, and the population being served with water supply.  The department shall document its findings in a report to the referee.  The department shall prepare such maps and exhibits as it determines are necessary to facilitate the efficient conduct of the evidentiary hearings held by the referee.  The maps, exhibits and reports of the department shall be made available to the referee and the parties to the proceeding.

    (4) The department may reach agreement with any claimant as to the validity and extent of the claimed water right.  Any such agreement may be incorporated into a stipulation, which after review and approval by the referee, may be entered in the proceedings of the Court and the referee.  For any water right that has been so stipulated, the department shall provide notice of the stipulation to all other parties.  Any rights that have been stipulated need not be included in the formal hearing of the referee unless another party to the proceeding submits a timely written notice of objection to the referee.

NEW SECTION. Sec. 9. If specific funding for section 8 of this act is not provided by June 30, 1997, in the omnibus appropriations act, section 8 is null and void."

    Renumber the sections consecutively and correct any internal references accordingly.

                            --- END ---

EFFECT: Describes duties of the department of ecology that would remain with enactment of the legislation separating the referee functions from the department, and adds a null and void clause for section 8.