1730-S.E AAS 4/14/97 S2783.1

ESHB 1730 - S COMM AMD

By Committee on Agriculture & Environment

                                                   ADOPTED 4/14/97

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:

    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)).  For good cause shown, the department 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 federal or state laws prevent or restrict water use otherwise authorized under the permit in a federal reclamation project, the department shall extend the time or times fixed for commencing work, completing work, and applying water to beneficial use and the extension shall be for a period that is not less than the period of nonuse or restricted use caused by the federal or state laws.  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."

ESHB 1730 - S COMM AMD

By Committee on Agriculture & Environment

                                                   ADOPTED 4/14/97

    On page 1, line 2 of the title, after "90.03.320" strike "and 90.14.140"

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