1832-S AMH LINV H2476.4

SHB 1832 - H AMD ADOPTED 4/11/01

By Representative Linville

    On page 9, after line 6, insert the following:

    "(7) In revising the provisions of this section and adding provisions to this section by this act, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised."

    On page 16, line 4, after "(2)" insert "Upon receipt of a board's record of decision, the department shall promptly post notice of the availability of the record of decision on the department's internet site."

    On page 16, line 16, after "days" insert "of the department's receipt"

    On page 16, line 19, after "board and" insert "shall"

    On page 16, at the beginning of line 25, strike all material through "((.  Upon" and insert "((final.  Upon"

    On page 16, line 27, after "valid))" strike "and"

    On page 16, line 27, after "department" insert "and is appealable as provided by RCW 90.80.090"

    On page 16, line 29, after "modify," strike all material through "final" and insert "or reverse is appealable as provided by RCW 90.80.090, and the director's decision to remand is appealable as provided by RCW 90.80.120(2)(b)"

    On page 25, after line 35, insert the following:

    "(3) In adding provisions to this section by this act, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised."

    On page 34, after line 12, strike all of section 33

    Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT:  (1) Replaces a statement of legislative nonacquiescence to policies or interpretations of law regarding the place of use of a municipal water right that applies to the entire act with more general statements of nonapproval or disapproval that apply to revisions made in just two sections of the act:  The section amending the principal transfer and changes provisions of the surface water code and the section amending the list of exemptions from the relinquishment requirements of water law; (2) requires notice of a water conservancy board's record of decision to be posted by the Department of Ecology (DOE) on its internet site; and (3) clarifies when letters of concern or support regarding such a record of decision must be received by the DOE and how appeals regarding an action taken by the DOE regarding such a record of decision may be appealed.

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