H-1595.1 _______________________________________________
HOUSE BILL 2038
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Linville and G. Chandler
Read first time 02/13/2001. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to clarifying "voluntarily fails" for water rights relinquishment purposes; adding a new section to chapter 90.14 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 90.14 RCW to read as follows:
For the purposes of RCW 90.14.140 through 90.14.180, unless the context clearly requires otherwise, "voluntarily fails" means the nonuse of all or a portion of the water by the owner of the water right, where the nonuse occurs as a result of factors within the control of the water user. A failure to use all or a portion of the full water right is involuntary when the nonuse of such right is in response to factors beyond the control of the water user, such as cyclical weather patterns or the presence of water from a source not within the control of the water user as long as the diversion and delivery facilities are maintained in good operating condition consistent with the full amount of the water right.
NEW SECTION. Sec. 2. Section 1 of this act is remedial in nature and applies retroactively to October 12, 1977.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
--- END ---