H-4219.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2874

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives Schoesler and Grant)

Read first time 02/08/2002.  Referred to Committee on .

Authorizing the department of ecology to enter into agreements to allocate Columbia basin project waters.

    AN ACT Relating to agreements for allocation of Columbia basin project water that exists in underground storage and is available as a result of irrigation in the Columbia basin project; and adding a new section to chapter 89.12 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 89.12 RCW to read as follows:

    The department of ecology is authorized to enter into agreements with the United States for the allocation of ground waters that exist as a result of the Columbia basin project.  The agreements and any allocation of water pursuant to the agreements must be consistent with authorized project purposes, federal and state reclamation laws, including federal rate requirements, and provisions of United States' repayment contracts pertaining to the project.  The agreements must provide that the department grant an application to beneficially use such water only if the department determines that the application will not impair existing water rights or project operations or harm the public interest.  Use of water allocated pursuant to the terms of the agreements must be contingent upon issuance of licenses by the United States to approved applicants.  This section is not intended to alter or affect any ownership interest or rights in ground waters that are not allocated pursuant to the agreements.  Before implementing any such agreements, the department, with the concurrence of the United States, shall adopt a rule setting forth the procedures for implementing the agreements and the priorities for processing of applications.  The department is authorized to accept funds for administrative and staff expenses that it incurs in connection with entering into or implementing the agreements.

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