BILL REQ. #:  H-1295.1 

Read first time 02/07/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the relinquishment of water rights; amending RCW 90.14.130, 90.14.160, 90.14.170, and 90.14.180; and adding a new section to chapter 90.14 RCW.

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

Sec. 1   RCW 90.14.130 and 1987 c 109 s 13 are each amended to read as follows:
     (1) When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his or her water right or some portion thereof within the preceding fifteen years, and it appears that said right has or may have reverted to the state because of such nonuse, as provided by RCW 90.14.160, 90.14.170, or 90.14.180, the department of ecology shall notify such person by order: PROVIDED, That where a company, association, district, or the United States has filed a blanket claim under the provisions of ((RCW 90.14.060)) this chapter for the total benefits of those served by it, the notice shall be served on such company, association, district, or the United States and not upon any of its individual water users who may not have used the water or some portion thereof which they were entitled to use. The order shall contain: (((1))) (a) A description of the water right, including the approximate location of the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, and the apparent authority upon which the right is based; (((2))) (b) a statement that unless sufficient cause be shown on appeal the water right will be declared relinquished; and (((3))) (c) a statement that such order may be appealed to the pollution control hearings board. Any person aggrieved by such an order may appeal it to the pollution control hearings board pursuant to RCW 43.21B.310. The order shall be served by registered or certified mail to the last known address of the person and be posted at the point of division or withdrawal. The order by itself shall not alter the recipient's right to use water, if any.
     (2) Relinquishment under this chapter may not occur except in accordance with the procedure set forth in this section or in a proceeding to determine water rights under RCW 90.03.105 through 90.03.245 or 90.44.220.
     (3) For the purposes of this chapter, there is no relinquishment of any water right or any portion of a water right for full or partial nonuse of such a right that occurred more than fifteen years before the date upon which relinquishment proceedings are commenced under this section or the date upon which adjudication proceedings are commenced under RCW 90.03.105 through 90.03.245 or 90.44.220.

Sec. 2   RCW 90.14.160 and 1981 c 291 s 1 are each amended to read as follows:
     Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of ((five)) fifteen successive years after July 1, 1967, shall relinquish such right or portion thereof in accordance with the procedure set forth in RCW 90.14.130 or as part of adjudication proceedings commenced under RCW 90.03.105 through 90.03.245 or 90.44.220, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250.

Sec. 3   RCW 90.14.170 and 1967 c 233 s 17 are each amended to read as follows:
     Any person entitled to divert or withdraw waters of the state by virtue of his or her ownership of land abutting a stream, lake, or watercourse, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw or divert said water for any period of ((five)) fifteen successive years after July 1, 1967, shall relinquish such right or portion thereof in accordance with the procedure set forth in RCW 90.14.130 or as part of adjudication proceedings commenced under RCW 90.03.105 through 90.03.245 or 90.44.220, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with the provisions of RCW 90.03.250.

Sec. 4   RCW 90.14.180 and 1987 c 109 s 101 are each amended to read as follows:
     Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.44.080, or 90.44.090 who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of ((five)) fifteen successive years shall relinquish such right or portion thereof in accordance with the procedure set forth in RCW 90.14.130 or as part of adjudication proceedings commenced under RCW 90.03.105 through 90.03.245 or 90.44.220, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330 shall expressly incorporate this section by reference.

NEW SECTION.  Sec. 5   A new section is added to chapter 90.14 RCW to read as follows:
     For the purpose of determining relinquishment, the following must be used to determine the amount of water that has been beneficially used under a water right on an annual basis: The amount beneficially used is the amount of water used within the limits of the right during the year in which the greatest volume of water was used under the right during the most current fifteen-year period.