AN
ACT Relating to temporary nonuse of water by the owner of a water right;
amending RCW 90.14.140; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.14.140 and 1998 c 258 s 1 are each amended to read as follows:
(1)
For the purposes of RCW 90.14.130 through 90.14.180, "sufficient
cause" shall be defined as the nonuse of all or a portion of the water by
the owner of a water right for a period of five or more consecutive years where
such nonuse occurs as a result of:
(a)
Drought, or other unavailability of water;
(b)
Active service in the armed forces of the United States during military crisis;
(c)
Nonvoluntary service in the armed forces of the United States;
(d)
The operation of legal proceedings;
(e)
Federal or state agency leases of or options to purchase lands or water rights
which preclude or reduce the use of the right by the owner of the water right;
(f)
Federal laws imposing land or water use restrictions either directly or through
the voluntary enrollment of a landowner in a federal program implementing those
laws, or acreage limitations, or production quotas;
(g)
Temporarily reduced water need for irrigation use where such reduction is due
to varying weather conditions, including but not limited to precipitation and
temperature, that warranted the reduction in water use, so long as the water
user's diversion and delivery facilities are maintained in good operating
condition consistent with beneficial use of the full amount of the water right;
(h)
Temporarily reduced diversions or withdrawals of irrigation water directly
resulting from the provisions of a contract or similar agreement in which a
supplier of electricity buys back electricity from the water right holder and
the electricity is needed for the diversion or withdrawal or for the use of the
water diverted or withdrawn for irrigation purposes;
(i)
Water conservation measures implemented under the Yakima river basin water
enhancement project, so long as the conserved water is reallocated in accordance
with the provisions of P.L. 103-434;
(j)
Reliance by an irrigation water user on the transitory presence of return flows
in lieu of diversion or withdrawal of water from the primary source of supply,
if such return flows are measured or reliably estimated using a scientific
methodology generally accepted as reliable within the scientific community; or
(k)
The reduced use of irrigation water resulting from crop rotation. For purposes
of this subsection, crop rotation means the temporary change in the type of
crops grown resulting from the exercise of generally recognized sound farming
practices. Unused water resulting from crop rotation will not be relinquished
if the remaining portion of the water continues to be beneficially used.
(2)
Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there
shall be no relinquishment of any water right:
(a)
If such right is claimed for power development purposes under chapter 90.16 RCW
and annual license fees are paid in accordance with chapter 90.16 RCW;
(b)
If such right is used for a standby or reserve water supply to be used in time
of drought or other low flow period so long as withdrawal or diversion
facilities are maintained in good operating condition for the use of such
reserve or standby water supply;
(c)
If such right is claimed for a determined future development to take place
either within fifteen years of July 1, 1967, or the most recent beneficial use
of the water right, whichever date is later;
(d)
If such right is claimed for municipal water supply purposes under chapter
90.03 RCW;
(e)
If such waters are not subject to appropriation under the applicable provisions
of RCW 90.40.030; or
(f)
If such right or portion of the right is leased to another person for use on
land other than the land to which the right is appurtenant as long as the
lessee makes beneficial use of the right in accordance with this chapter and a
transfer or change of the right has been approved by the department in
accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100.
NEW
SECTION. Sec. 2. 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.
