S-0867.1 _______________________________________________
SENATE BILL 5715
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State of Washington 57th Legislature 2001 Regular Session
By Senators Honeyford, Rasmussen, Hale, Morton, McDonald, T. Sheldon, Hochstatter, Swecker, Deccio, Hewitt, Stevens, Parlette and Sheahan
Read first time 01/31/2001. Referred to Committee on Environment, Energy & Water.
AN ACT Relating to the standards for agricultural transfers of water; and amending RCW 90.03.380.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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 or previously used before implementation of water distribution
and use efficiency measures 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 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.
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