5703-S AMS SPAN WILB 003

5703-S AMS SPAN WILB 003

SSB 5703 - S AMD - 150

By Senator Spanel

NOT ADOPTED 3/14/97

Strike everything after the enacting clause and insert the following:

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

If a person placed surface or ground water to beneficial use for irrigation or stock watering purposes before January 1, 1993, for which a permit or certificate was not issued by the department or its predecessors, the person or the person's successor holds a temporary water right in the amount beneficially used and with a priority date that is the effective date of this section. A temporary water right established by this section shall remain in effect during the pendency of basin, regional, or watershed planning, but shall not be effective after June 30, 2002, unless extended by the department until the completion of active watershed planning efforts. If a general adjudication of water rights is filed for the watershed after January 1, 1997, the holders of temporary water rights established by this section shall have standing in the adjudication. A temporary water right is established if:

(1) The person filed with the department before January 1, 1997, an application for the use of the water claimed under this section, and as of the effective date of this section the department has not rendered a permit decision on the application;

(2) The person or the person's successor files with the department of ecology a statement of claim for the right during the period beginning September 1, 1997, and ending midnight June 30, 1998, using the standard form prescribed by RCW 90.14.051; and

(3) The person or the person's successor files with the statement of claim evidence that the water described in the claim was used beneficially before January 1, 1993, in the form of any two of the following:

(a) A statement signed by two persons other than the person filing the statement of claim verifying that the water was beneficially used by the claimant before January 1, 1993, as described in the statement of claim;

(b) A copy of a dated photograph clearly demonstrating the presence of a high value crop requiring irrigation in the amounts asserted in the statement of claim or of livestock requiring water in such amounts; or records of receipts of the sale of crops by the person or the person's successor indicating that irrigation in the amount claimed was required to produce the crops;

(c) Receipts or records of irrigation or stockwatering equipment purchases or repairs associated with the water use specified in the statement of claim;

(d) Water well construction records identifying the date the well specified in the statement of claim as the point of withdrawal was constructed;

(e) Records of electricity bills directly associated with the withdrawal of water as specified in the statement of claim;

(f) Personal records such as photographs, journals, or correspondence indicating the use of water as asserted in the statement of claim.

This section shall apply only to persons whose water source lies within a watershed in which local basin, regional, or watershed planning was initiated in accordance with chapter 90.54 RCW before January 1, 1997, in part to address unauthorized water uses. It shall not apply in any watershed in which a general adjudication of water rights was pending on or before January 1, 1997.

NEW SECTION. Sec. 2. A new section is added to chapter 90.54 RCW to read as follows:

Basin, regional, or watershed plans developed under this chapter may establish means for legally providing water for water uses operating under temporary water rights established by section 1 of this act. The plan may recommend issuance of permanent water rights under conditions and limitations recommended by the plan. The conditions for such issuance may include measures required to mitigate for effects on senior water rights and aquatic resources."

SSB 5703 - S AMD - 150

By Senator Spanel

NOT ADOPTED 3/14/97

On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "adding a new section to chapter 90.03 RCW; and adding a new section to chapter 90.54 RCW."