HOUSE BILL REPORT

                 SHB 2712

                      As Passed House:

                      February 13, 1998

Title:  An act relating to sufficient cause for nonuse of water rights.

Brief Description:  Requiring the department of ecology to extend the time for work under a permit if water use has been prevented or restricted use due to federal or state laws.

Sponsors:  By House Committee on Agriculture & Ecology (originally sponsored by Representatives Chandler and Sump).

Brief History:

  Committee Activity:

Agriculture & Ecology:  1/26/98, 2/5/98 [DPS].

Floor Activity:

Passed House:  2/13/98, 98-0.

HOUSE COMMITTEE ON AGRICULTURE & ECOLOGY

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Chandler, Chairman; Parlette, Vice Chairman; Schoesler, Vice Chairman; Linville, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Cooper; Delvin; Koster; Mastin; Regala and Sump.

Staff:  Bill Lynch (786-7092).

Background: Permit Deadline.  If a person applies for a water right and the Department of Ecology (DOE) issues a water use permit, the permit will contain a deadline by which construction required for the water use is to be completed and beneficial use of the water is to take place.  This deadline may be extended by the DOE under certain circumstances.  (RCW 90.03.320.)  If the water use is perfected under the terms of the permit, the DOE issues the permit holder a water right certificate.  (RCW 90.03.330.) 

Summary of Bill:  If federal or state laws prevent or restrict water use otherwise authorized under a water use permit issued for a federal reclamation project, the DOE must extend the deadlines set in the permit for commencing work, completing work, and applying water to beneficial use.  The extension must be for a period that is not less than the period of nonuse or restricted use caused by the federal or state laws.  (Section 1.)

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This permit extension time should be allowed, because the delay is outside the control of the water permit holder.

Testimony Against:  The relinquishment language carves out a special exemption for irrigation districts.

Testified:  Mike Schwisow, WA State Water Resource Agencies (pro); Frederic Blauert, WA Wool Growers (pro); and Ken Slattery, Department of Ecology (con).