HOUSE BILL REPORT

                  HB 3060

                    As Passed Legislature

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

Brief Description:  Changing provisions relating to sufficient cause for nonuse of water rights.

Sponsors:  Representative Chandler.

Brief History:

  Committee Activity:

Agriculture & Ecology:  2/5/98 [DP].

Floor Activity:

Passed House:  2/13/98, 96-0.

Passed Legislature.

HOUSE COMMITTEE ON AGRICULTURE & ECOLOGY

Majority Report:  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:  Kenneth Hirst (786-7105).

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.  A number of exemptions from this relinquishment requirement are listed by statute.  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.

Summary of Bill:  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 water right is leased and the lessee makes beneficial use of the right in accordance with an approved transfer or change of the right.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  None.

Testimony Against:  None.

Testified:  None.