_______________________________________________
HOUSE
BILL 3060
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 01/28/98. Referred to Committee on Agriculture & Ecology.
Changing provisions relating to sufficient cause for
nonuse of water rights.
AN
ACT Relating to sufficient cause for nonuse of water rights; and amending RCW
90.14.140.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.14.140 and 1987 c 125 s 1 are each amended to read as follows:
(1)
For the purposes of RCW 90.14.130 through 90.14.180, "sufficient
cause" shall be defined as the nonuse of all or a portion of the water by
the owner of a water right for a period of five or more consecutive years where
such nonuse occurs as a result of:
(a)
Drought, or other unavailability of water;
(b)
Active service in the armed forces of the United States during military crisis;
(c)
Nonvoluntary service in the armed forces of the United States;
(d)
The operation of legal proceedings;
(e)
Federal or state agency leases of or options to purchase lands or water
rights which preclude or reduce the use of the right by the owner of the water
right;
(f)
Federal laws imposing land or water use restrictions either directly or through
the voluntary enrollment of a landowner in a federal program implementing those
laws, or acreage limitations, or production quotas.
(2)
Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there
shall be no relinquishment of any water right:
(a)
If such right is claimed for power development purposes under chapter 90.16 RCW
and annual license fees are paid in accordance with chapter 90.16 RCW((, or));
(b)
If such right is used for a standby or reserve water supply to be used in time
of drought or other low flow period so long as withdrawal or diversion
facilities are maintained in good operating condition for the use of such
reserve or standby water supply((, or));
(c)
If such right is claimed for a determined future development to take place
either within fifteen years of July 1, 1967, or the most recent beneficial use
of the water right, whichever date is later((, or));
(d)
If such right is claimed for municipal water supply purposes under chapter
90.03 RCW((, or));
(e)
If such waters are not subject to appropriation under the applicable provisions
of RCW 90.40.030 ((as now or hereafter amended)); or
(f)
If such right or portion of the right is leased to another person for use on
land other than the land to which the right is appurtenant as long as the
lessee makes beneficial use of the right in accordance with this chapter and a
transfer or change of the right has been approved by the department in
accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100.
Passed the House March 12, 1998.
Passed the Senate March 12, 1998.
Approved by the Governor
April 1, 1998.
Filed
in Office of Secretary of State April 1, 1998.
