H-3294.2  _______________________________________________

                          HOUSE BILL 2771

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Mastin, Grant, Cox and Schoesler

Read first time 01/20/2000.  Referred to Committee on Agriculture & Ecology.

Changing amendments to water rights claims.

    AN ACT Relating to amendments to statements of claim in the water rights claims registry; and amending RCW 90.14.065.

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

    Sec. 1.  RCW 90.14.065 and 1987 c 93 s 1 are each amended to read as follows:

    Any person or entity, or successor to such person or entity, having a statement of claim on file ((with)) in the water rights claims registry ((on April 20, 1987,)) may submit to the department of ecology for filing((,)) an amendment to such a statement of claim if the submitted amendment is based on:

    (1) An error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.051 if the applicant provides reasons for the failure to claim such right in the original claim;

    (2) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; or

    (3) The amendment is ministerial in nature.

    The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of subsection (1), (2), or (3) of this section have not been satisfied.  Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department.  The provisions of RCW 90.14.081 shall apply to any amendment filed under this section.

This section applies to statements of claim filed with the department during any filing period authorized by this chapter and filed by the department in the water rights claims registry.