S-1756

AN ACT Relating to expediting the processing of pending applications relating to existing water rights by clarifying when pending applications for new water rights are not existing rights, allowing pending applications relating to existing water rights to be processed independently of pending applications for new water rights, allowing applications to be processed ahead of previously filed applications that have insufficient information, and calculating annual consumptive quantity using the average of the two years of greatest use within the most recent five years; amending RCW 90.03.380; adding a new section to chapter 90.03 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the current backlog of pending water rights applications is unacceptable and that it is essential to facilitate more expeditious processing and eliminate the backlog as soon as possible. Agriculture, business, and individuals are unable to carry out plans and are suffering economic harm because of the delay in processing water rights applications. By this act, the legislature intends to remove some of the complexity in the processing of water rights applications that is the result of judicial interpretations of existing law and, thereby, to make processing itself more expeditious and, also, to make the law more clear and, thereby, to help avoid additional delay caused by litigation. The legislature intends to allow pending applications for changes, transfers, or amendments of existing water rights to be processed independently of pending applications for new water rights and without regard to possible impairment of pending applications for new water rights for the same source of supply. The legislature intends to address both surface water and ground water and does not intend to divert resources away from or in any other way to deter the processing of applications for new water rights.

Sec. 2. RCW 90.03.380 and 1997 c 442 s 801 are each amended to read as follows:

(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the two years of greatest use within the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

(2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

(3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

(4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

(5) Beginning on the effective date of this section and until June 30, 2005, pending applications for new water rights are not entitled to protection from impairment, injury, or detriment when an application for a change, transfer, or amendment of an existing surface or ground water right is considered.

(6) Beginning on the effective date of this section and until June 30, 2005, applications relating to existing surface or ground water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights.

(7) Beginning on the effective date of this section and until June 30, 2005, notwithstanding any other existing authority to process applications, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application, when sufficient information necessary to the investigations, determinations, and findings required under RCW 90.03.290 on the previously filed application, when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and why and informs the applicant that processing of the next application in order of filing will begin. No such previously filed application shall lose its priority date.

(8) Beginning January 1, 2002, and ending January 1, 2004, the department shall report to the legislature by January 1st of each year on the results of processing applications under subsections (5) through (7) of this section and, in the report due on January 1, 2004, shall provide an evaluation and make recommendations regarding modification of any of the provisions of these subsections.

(9) Any right acquired or liability or obligation incurred or any rule or order adopted or decision made under subsections (5) through (8) of this section survive after June 30, 2005, in any proceeding instituted under or with regard to those subsections.

NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

Nothing in this chapter authorizes the processing of applications relating to existing water rights to stop the processing of applications for new water rights. The processing of applications assigned priority by rule shall not stop the processing of other applications, and at least half of the resources available to the department for processing applications shall be devoted to the processing of nonpriority applications.

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.