S‑0773.2   _____________________________________________

SENATE BILL 5412

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Fraser, Morton, Jacobsen, Honeyford, Eide, Fairley, Spanel, Regala, Parlette, McAuliffe and Rasmussen

Read first time 01/22/2001.  Referred to Committee on Environment, Energy & Water.

_1      AN ACT Relating to establishing levels of service for rendering

_2  decisions by the department of ecology on applications for a water

_3  right, transfer, or change; adding a new section to chapter 90.03

_4  RCW; and creating a new section.

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6      NEW SECTION. Sec. 1.  There is in the state a growing demand for

_7  water and a desire to reallocate water among uses and users due to

_8  growing population and economic development.  This has resulted in

_9  growing numbers of applications for a water right, transfer, or

10  change.  As this has occurred, the time required for the state to

11  render decisions on applications has grown longer due to

12  increasing complexity of impairment and public interest analysis

13  and to lack of funding.  Consequently, a large backlog of pending

14  applications has accumulated, and it is estimated that, in some

15  cases, it may take up to twenty years before a decision can be

16  rendered.  Applications that will almost certainly be approved are

17  facing unreasonable delay.  Individuals and communities are facing

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_1  avoidable economic loss.  Water bodies that are vulnerable are

_2  facing avoidable adverse effects from increasing numbers of

_3  unpermitted uses.

_4      By this act, the legislature intends:  (1) To adopt a policy of

_5  adequately funding the rendering of decisions on applications; (2)

_6  to establish a process, based on adoption of level of service

_7  standards, that will help the department of ecology and the

_8  legislature to make informed and objective choices regarding

_9  funding; and (3) to provide for the reduction of the current large

10  accumulation of pending applications to a reasonable level over a

11  reasonable period of time.

12      NEW SECTION. Sec. 2.  A new section is added to chapter 90.03

13  RCW to read as follows:

14      It is the policy of the state to assure that rendering

15  decisions on applications for a water right, transfer, or change

16  occurs in a manner that is timely and fair to applicants, protects

17  existing water rights and the environment, and results in an

18  accumulation of no more than five hundred applications, including

19  applications submitted after the effective date of this act for

20  which investigation cannot commence due to lack of funding.  By

21  September 1, 2001, in consultation with affected interests, the

22  department of ecology shall:  Develop level of service standards for

23  rendering decisions on applications for a water right, transfer,

24  or change; determine the existing levels of service in each water

25  resource inventory area established in chapter 173-500 WAC;

26  develop strategies and funding requirements for achieving levels

27  of service; and present alternative levels of service for

28  rendering decisions on applications to the legislature together

29  with funding estimates.  Conditions to be addressed by level of

30  service standards shall include, but not be limited to, the

31  requirements of RCW 90.80.080, other statutory requirements that

32  affect the time needed to render a decision on an application,

33  priorities adopted by the department, agreements under RCW

34  90.03.265, and specific requests of applicants.  Strategies for

35  achieving improved levels of service may include expedited

36  treatment of applications that require straightforward or minimal

37  investigation, broader classification of beneficial uses, improved

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_1  procedures, or any other methods that may or may not require

_2  legislative action.  By September 1, 2001, the department shall

_3  submit to the governor and the legislature a proposal for reducing

_4  by a minimum of one thousand by June 30, 2002, the accumulation of

_5  applications as it exists on June 30, 2001, and a plan, including

_6  estimates of biennial budget requests, for reducing to no more

_7  than five hundred applications the accumulation of applications on

_8  June 30, 2007, for which investigation cannot commence due to lack

_9  of funding.

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