SENATE BILL REPORT

SB 5525

As of February 22, 2001

Title:  An act relating to water right certificates.

Brief Description:  Limiting the ability to revoke or diminish a certificate of ground water right.

Sponsors:  Senators Honeyford, Deccio, Morton, Hale, McDonald, Parlette, Horn, Johnson, Hochstatter, Stevens and Sheahan.

Brief History:

Committee Activity:  Environment, Energy & Water:  2/23/01.

SENATE COMMITTEE ON ENVIRONMENT, ENERGY & WATER

Staff:  Genevieve Pisarski (786‑7488)

Background:  State law requires a showing satisfactory to the Department of Ecology that any appropriation of water has been perfected, before a water right certificate can be issued.  The department has issued numerous water right certificates for municipal water supply on the basis of a showing that a delivery system was in place.  The state Supreme Court has ruled, in the case of a public water system which was not a municipal corporation, that having a delivery system did not mean the appropriation was perfected, unless the water was actually being used.

Summary of Bill:  A water right certificate that has not been relinquished cannot be revoked or diminished without specific legislative or judicial direction.  The Department of Ecology may, however, revoke or adjust a certificate that has ministerial errors or has been obtained through misrepresentation.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.