H-3360.2  _______________________________________________

                          HOUSE BILL 2966

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives G. Chandler, Reardon, B. Chandler, Linville, Schoesler and Grant

Read first time 01/25/2000.  Referred to Committee on Agriculture & Ecology.

Changing water rights application processing.

    AN ACT Relating to prioritizing and processing water rights changes; amending RCW 90.03.015; and adding a new section to chapter 90.03 RCW.

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

    Sec. 1.  RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:

    As used in this chapter unless the context clearly requires otherwise:

    (1) "Application for change" means an application filed under RCW 90.03.380, 90.03.390, 90.44.100, or 90.44.105.

(2) "Department" means the department of ecology((;)).

    (((2))) (3) "Director" means the director of ecology((; and)).

    (((3))) (4) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.

(5) "Same water source" means a ground water body or surface water body, including a stream, stream system, lake, or reservoir and any spring water or underground water that is part of or tributary to the surface water body or aquifer, that the department determines to be an independent water body for the purposes of water rights administration.

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

    (1)(a) The department may process and render decisions on an application for change before processing and making decisions on pending applications for new water rights from the same water source regardless of the date on which the applications were filed with the department.

    (b) Neither the department nor any other state agency may require the applicant to give up a legal right or claim to any part of the applicant's water right under this subsection (1), except as authorized in RCW 90.14.140 through 90.14.190.

    (2) Pending applications for new water rights are not entitled to protection from impairment or given priority for any available water if the department processes and renders a decision on 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 water right regardless of the dates on which the applications were filed with the department.

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