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               ENGROSSED SUBSTITUTE HOUSE BILL 2094

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State of Washington      56th Legislature     1999 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives G. Chandler and Linville)

Read first time 03/02/1999.

Requiring the department of ecology to file certain rejected water rights claims in the claims registry. 

    AN ACT Relating to water rights claims; and adding a new section to chapter 90.14 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 90.14 RCW to read as follows:

    (1) Certain persons who submitted a water right claim form with the department between September 1, 1997, and June 30, 1998, and whose claim was rejected by the department because the department deemed the claim to be incomplete and thus not in compliance with RCW 90.14.051 may submit additional information as provided in subsection (2) of this section in support of the claim between July 1, 1999, and December 31, 1999.  The persons eligible to submit additional information under this section and to receive further consideration for the registering of their claims are those who meet the following qualifications: 

    (a) The person checked the box labeled "other" on the water right claim form in part 12 where it asks the claimant to state the legal doctrine under which the person is claiming a water right; 

    (b) The premise of the person's claim of a water right for ground water is that a right to ground water was inherent in and appurtenant to the original land patent issued by the federal government at the time the person's land was severed from federal ownership.  The original water right claim form submitted to the department need not have asserted this premise for the person to be qualified to receive further consideration under this section.

    (2) Persons meeting the qualifications in subsection (1) of this section may submit to the department a statement that their claim to a ground water right is based on the assertion that such right accompanied the federally issued land patent for lands they now own or occupy.  The claimant must also submit with his or her statement a bona fide copy of the original land patent document issued by the United States.  The water right claim of a person meeting the qualifications established in this section and submitting the statement and bona fide copy of his or her land patent as required by this subsection is deemed sufficient in lieu of compliance with RCW 90.14.051 and 90.14.068 and shall be accepted for filing in the water rights claims registry by the department.

    (3) This section does not apply to other claims the department rejected as ineligible for filing under RCW 90.14.068(5) or (6), for failure to submit a substantially complete statement of claim as required in RCW 90.14.051, for failure to remit the filing fee required by RCW 90.14.061, or for submitting a claim for a purpose that is exempt from the requirement to submit a claim under RCW 90.14.041.  The registering of claims under this section as directed by the legislature confers upon those claims no special status or recognition and is subject to chapter 90.14 RCW as is any other claim submitted in a timely manner.

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