6525-S AMH CHAG H5207

6525-S AMH CHAG H5207.2

SSB 6525 - H AMD 693 ADOPTED 3-9-00

By Representative G. Chandler

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. In order to help reduce the current backlog of applications for changes, transfers, or amendments of existing water rights, the legislature intends to allow the processing of applications for such changes, transfers, or amendments without regard to possible impairment of pending applications for new water rights. While the legislature intends to assist the processing of such changes, transfers, and amendments, it does not intend to divert the department of ecology's efforts or in any other way deter the processing of applications for new water rights.

NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department may process and render decisions on an application for change independently from processing and making decisions on pending applications for new water rights from the same water source without regard to the dates on which the applications for the new rights were filed.

(2) Except as provided in this section, the department and a water conservancy board shall process applications for change from the same water source in the order in which they were filed with the department or the board. The exceptions are:

(a) The proposed change would alleviate a public health and safety emergency or otherwise preserve public health and safety or would authorize an emergency withdrawal under RCW 43.83B.410;

(b) There is insufficient information to render a decision on a senior application or applications for change, and the information cannot be obtained in a timely manner;

(c) The proposed change was filed by a claimant in a water rights adjudication, and a decision is needed expeditiously to ensure that orders or decrees of the superior court will be representative of the current water situation;

(d) The proposed change will move a point of diversion or withdrawal, or replace a diversion with a withdrawal, or replace a withdrawal with a diversion, or change the season of use, when it assists in the recovery of fish listed under the federal endangered species act as threatened or endangered;

(e) The proposed change or group of changes will result in providing public water supplies for at least one city and one town or at least two cities and will meet the general needs of the public for a regional area; or

(f) The proposed change is for the purposes of RCW 90.03.390.

(3) The department, any other state agency, or a water conservancy board shall not require an applicant to give any part of an applicant's valid right or claim to a state agency, to the trust water rights program, or to other parties.

(4) The department may adopt rules to implement this section, but such rules must strictly adhere to the provisions of this section.

(5) Pending applications for new water rights are not entitled to protection from impairment or given priority for any available water if the department or a water conservancy board processes an application for change from the same water source. New water rights issued after an application for change is approved from the same water source are not entitled to protection from impairment or priority for any available water in relation to the changed, transferred, or amended water right regardless of the dates on which the applications were filed with the department or the board.

(6) Notice of an application for a change of a water right must be published for the same period and in the same manner as prescribed for an application for a permit by RCW 90.03.280 in the county or counties in which water for the right is withdrawn or diverted and used, although the department may also post notice of the application on the internet at an electronic site containing other departmental information. The department or water conservancy board shall consider all comments received in writing by mail or personal delivery that are received within thirty days of the date of the last newspaper publication of the notice required under RCW 90.03.280.

(7) As used in this section:

(a) "Change of a water right" or "change" means a change or transfer of a water right referred to in RCW 90.03.380 or 90.03.390 or an amendment referred to in RCW 90.44.100 or 90.44.105; and

(b) "Water conservancy board" or "board" means a water conservancy board created under chapter 90.80 RCW."

Correct the title.