Sponsors: Representatives Grant, Schoesler, Linville, Chandler, Morris, Hunt and Holmquist.

Brief Summary of Substitute Bill

• Expands the exemption from relinquishment provided for water conservation in the Yakima basin by exempting water resulting from other irrigation and agricultural water conservation measures. Allows this newly exempted conserved water to be transferred under certain circumstances.

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Linville, Chair; Rockefeller, Vice Chair; Chandler, Eickmeyer, Grant, Hunt, McDermott and Quall.

Minority Report: Do not pass. Signed by 5 members: Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Kristiansen, Assistant Ranking Minority Member; Orcutt and Sump.

With certain exceptions, the state's water laws require a water right to be used or be relinquished. A person who abandons the right or voluntarily fails to beneficially use it or a part of it for any period of five successive years is to relinquish the right or portion not used unless the nonuse is exempted from relinquishment or is the result of certain statutorily listed "sufficient causes." Among the sufficient causes is nonuse resulting from conservation measures implemented under the federal Yakima River Basin Water Enhancement (YRBWE) Project. This conserved water must be reallocated in accordance with the requirements of the YRBWE Project.

In addition to water rights or parts of rights not used as a result of water conservation measures implemented under the YRBWE Project, such rights not used as a result of any other irrigation or agricultural water conservation measures are exempted from relinquishment. The use of water resulting from these other conservation measures may be transferred, changed, or amended if:

• The water source is in a watershed for which a watershed plan has been approved under the state's watershed planning laws or for which a comprehensive watershed plan has been adopted under the state's Water Resources Act;

The substitute bill limits the new exemption for conserved water to water not used as the result of irrigation and other agricultural water conservation measures; and states that the criteria provided by the original bill for using water under this exemption apply to using the water through a transfer, change, or amendment to the right.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.

(Comments) 1) If the bill is intended to be applied retroactively, it should say so. 2) If the use of the conserved water would not be consistent with a watershed plan, could it still be transferred under the current authority of transfer laws?

Testimony Against: 1) The exemption should not be intertwined with new limitations on the use of the conserved water. Doing so will not improve the line-up of applications for transfers. 2) The limitations should be placed in the transfer laws.