H-0089.1 _______________________________________________
HOUSE BILL 1340
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representative Linville
Read first time 01/24/2001. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to water conservancy boards; amending RCW 90.80.100 and 90.80.080; and adding a new section to chapter 90.80 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.80 RCW to read as follows:
An action shall not be brought or maintained against a commissioner, agent, or employee of a water conservancy board for any noncontractual acts or omissions of the water conservancy board or its commissioners, agents, or employees which are related to water transfers under this chapter.
Sec. 2. RCW 90.80.100 and 1997 c 441 s 13 are each amended to read as follows:
((Neither)) The
county ((nor)), the water conservancy board, and the department
shall not be subject jointly or severally to any cause of action
or claim for damages arising out of transfers approved or denied by a
board under this chapter.
Sec. 3. RCW 90.80.080 and 1997 c 441 s 11 are each amended to read as follows:
(1) If an application for a transfer is approved by the board, the board shall submit a copy of the proposed certificate conditionally approving the transfer to the department for review. If an application for a transfer is denied by the board, the board shall submit a copy of a record of its decision denying the transfer to the department for review. The board shall also submit a report summarizing any factual findings on which the board relied in deciding to approve or deny the proposed transfer. The board shall also transmit notice of its decision approving or denying the transfer by mail to any person who objected to the transfer or who requested notice.
(2) The director shall review each proposed transfer conditionally approved by a board and each decision by a board denying an application for such a transfer for compliance or noncompliance with state water transfer laws including RCW 90.03.380, 90.03.390, and 90.44.100, rules and guidelines adopted by the department, and other applicable law.
(3) Any party to a transfer or a third party who alleges his or her water right will be impaired by the proposed transfer may file objections with the department. If objections to the transfer are filed with the department, the board shall forward the files and records upon which it based its decision to the department.
(4) The director shall review the action of the board and affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director, upon the consent of the parties to the transfer. If the director fails to act within this time period, the board's action is final. Upon approval of a water transfer by the action or nonaction of the director, the conditional certificate issued by the board is final and valid.
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