H‑0676.3   _____________________________________________

 

HOUSE BILL 1870

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Linville, G. Chandler, Grant, Doumit, Gombosky, Santos, Lovick, O'Brien, Wood, Edmonds and Jackley

 

Read first time 02/07/2001.  Referred to Committee on Agriculture & Ecology.

_1      AN ACT Relating to water rights established under the authority

_2  of family farm permits; and amending RCW 90.66.060.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 90.66.060 and 1979 c 3 s 6 are each amended to read as

_5  follows:

_6      (1) The right to withdraw water for use for the irrigation of

_7  agricultural lands under authority of a family farm permit shall

_8  have no time limit but shall be conditioned upon the land being

_9  irrigated complying with the definition of a family farm as

10  defined at the time the permit is issued:  PROVIDED, HOWEVER, That

11  if the acquisition by any person of land and water rights by gift,

12  devise, bequest, or by way of bona fide satisfaction of a debt,

13  would otherwise cause land being irrigated pursuant to a family

14  farm permit to lose its status as a family farm, such acquisition

15  shall be deemed to have no effect upon the status of family farm

16  water permits pertaining to land held or acquired by the person

17  acquiring such land and water rights if all lands held or acquired

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_1  are again in compliance with the definition of a family farm

_2  within five years from the date of such acquisition.

_3      (2) If the department determines that water is being withdrawn

_4  under a family farm permit for use on land not in conformity with

_5  the definition of a family farm, the department shall notify the

_6  holder of such family farm permit by personal service of such fact

_7  and the permit shall be suspended two years from the date of

_8  receipt of notice unless the person having a controlling interest

_9  in said land satisfies the department that such land is again in

10  conformity with the definition of a family farm.  The department

11  may, upon a showing of good cause and reasonable effort to attain

12  compliance on the part of the person having the controlling

13  interest in such land, extend the two year period prior to

14  suspension.  If conformity is not achieved prior to five years from

15  the date of notice the rights of withdrawal shall be canceled.

16      (3)(a) If the purpose of use of a water right established under

17  the authority of a family farm permit is changed to an

18  agricultural use other than an agricultural irrigation use, the

19  restrictions provided by subsections (1) and (2) of this section

20  do not apply to the other agricultural use.

21      (b) If the place of use for a water right established under the

22  authority of a family farm permit is located within an urban

23  growth area designated under RCW 36.70A.110 or is located within a

24  city or town in a county that is not planning under chapter 36.70A

25  RCW, the water right may be transferred, changed, or amended to

26  the same extent as any other water right subject to the following

27  additional requirements:

28      (i) If the transfer, change, or amendment is to a use of water

29  for municipal water supply purposes, the distribution works of the

30  recipient of the transferred, changed, or amended water right

31  shall meet the water conservation standards established by the

32  department of health for such works by rule or guideline in effect

33  at the time the application for the transfer, change, or amendment

34  is filed; and

35      (ii) If following such a transfer, change, or amendment, any

36  portion of the use of water under the right is for agricultural

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_1  irrigation purposes, that portion of the use is subject to the

_2  restrictions provided by subsections (1) and (2) of this section.

 

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