SENATE BILL REPORT

SB 5922

 

As Reported By Senate Committee On:

Environment, Energy & Water, February 27, 2001

 

Title:  An act relating to appeals of water right decisions regarding water rights subject to a general stream adjudication.

 

Brief Description:  Changing water right appeals procedures for rights subject to a general stream adjudication.

 

Sponsors:  Senators T. Sheldon, Rasmussen, Honeyford, Fraser and Morton.

 

Brief History: 

Committee Activity:  Environment, Energy & Water:  2/20/01, 2/27/01 [DPS].

SENATE COMMITTEE ON ENVIRONMENT, ENERGY & WATER

 

Majority Report:  That Substitute Senate Bill No. 5922 be substituted therefor, and the substitute bill do pass.

Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Jacobsen, McDonald, Morton and Patterson.

 

Staff:  Genevieve Pisarski (786‑7488)

 

Background:  A general stream adjudication in superior court is the procedure established by law for conclusively determining the existence of a water right or claim, including its validity, quantity, priority, and other elements.  The procedure established by law for applications to change or transfer a water right calls for a decision by the Department of Ecology that is appealable to the Pollution Control Hearings Board, followed by judicial review.  A water right or claim that is subject to a general stream adjudication may also, at the same time, be the subject of an application for a change or transfer.  Jurisdiction over appeals relating to such a water right or claim is not conclusively established.

 

Summary of Substitute Bill:  The Legislature intends to assure an efficient appeals process that preserves the rights of all parties.

 

Substitute Bill Compared to Original Bill:  The statement of legislative intent replaces provisions relating to jurisdiction of the Pollution Control Hearings Board and the adjudication court.

 

Appropriation:  None.

 

Fiscal Note:  Available.

 

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

Testimony For:  Under existing law, there appear to be two appeals processes that apply to a water right that is the subject of a change or transfer and, also, of an adjudication.  This could result in duplication that would be a strain on all parties.  A more efficient appeals process that preserves the sovereign immunity of Indian tribes and federal parties and preserves the standing of third parties is needed.

 

Testimony Against:  This would compel an expansion of the waivers of sovereign immunity that were intended to be limited to the Yakima adjudication.

 

Testified:  PRO:  Joe Mentor, Jr., Steve Gano, Trendwest Resorts Inc.; CON:  James Van Damme, WEC; Dawn Vyvyan, Yakama Nation; Ken Slattery, Department of Ecology (concerns).