ANALYSIS OF HB 3060

House Agriculture & Ecology Committee                                        February 5, 1998

BACKGROUND:

If a person abandons or voluntarily fails to use beneficially all or any part of the person=s water right for five successive years, the right or portion unused is relinquished and reverts to the state.  (RCW 90.14.160 through 90.14.180.)  A number of exemptions from this relinquishment requirement are listed by statute.  (RCW 90.14.140.)  A procedure has been established under which the Department of Ecology may determine and the Pollution Control Hearings Board may confirm that a water right has reverted to the state for nonuse.  (RCW 90.14.130.)

SUMMARY:

A water right is not relinquished for five successive years of non-use if:

- the use of the right is precluded or reduced by federal or state agency leases of or options to purchase lands or water rights; or

- the right or portion of the right is leased to another in accordance with a transfer of or change in the right.