1642 AAS 4/13/99 S2548.1

HB 1642 - S COMM AMD

By Committee on Environmental Quality & Water Resources

                                                   ADOPTED 4/13/99

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 90.03 RCW to read as follows:

    The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in section 2 of this act is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.

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

    The department may approve a change of the point of diversion prescribed in a permit to appropriate water for a beneficial use to a point of diversion that is located downstream and is an existing approved intake structure with capacity to transport the additional diversion, if the ownership, purpose of use, season of use, and place of use of the permit remain the same.

    This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before the effective date of this section.

    Sec. 3.  RCW 90.03.030 and 1987 c 109 s 68 are each amended to read as follows:

    Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepage, the amount of such seepage to be determined by the department, upon the application of any person interested.  Water conveyed under this section may be conveyed to an approved intake structure located in a neighboring state in order to accomplish an approved modification of the point of diversion in a permit to appropriate water for a beneficial use, if approval of the neighboring state is documented to the satisfaction of the department."

HB 1642 - S COMM AMD

By Committee on Environmental Quality & Water Resources

                                                   ADOPTED 4/13/99

    On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "amending RCW 90.03.030; and adding new sections to chapter 90.03 RCW."

EFFECT:  Narrows the applicability of the bill.

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