5783-S AMS FRAS WILB 001

SSB 5783 - S AMD - 200

    By Senator Fraser

                                               NOT ADOPTED 3/18/97

    On page 3, line 7 after "(2)" insert "Except as provided in (b) of this subsection,"

    On page 3, after line 22 insert the following:

    "(b) Where the application to beneficial use by a public water system of the total amounts of water under (a) of the subsection includes additional withdrawals not made prior to the adoption of minimum flows adopted  by rule for the water source, and the withdrawal would have a substantial, direct and detrimental affect upon  meeting such minimum flows, the additional amount considered to be applied to beneficial use may be conditioned by the department, in consultation with the public water system, to ensure that such minimum flows are not adversely affected b the additional withdrawal."

    Renumber the sections consecutively and correct any internal references accordingly.

                            --- END ---

EFFECT: Where use by a water system of "inchoate" (previously unused) water rights would deplete the stream below adopted minimum levels, the amount considered "perfected" through beneficial use may be conditioned to protect such minimum flows.