BILL REQ. #: S-0887.2

_____________________________________________

SUBSTITUTE SENATE BILL 5086
_____________________________________________

State of Washington

58th Legislature

2003 Regular Session

By Senate Committee on Natural Resources, Energy & Water (originally sponsored by Senators Honeyford, Doumit, Hewitt, Deccio, Hale, Sheahan, Morton, Parlette, Mulliken and Rasmussen)

READ FIRST TIME 02/07/03.

AN ACT Relating to the water-related actions of the department of ecology; and adding a new section to chapter 43.21B RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.21B RCW to read as follows:
     (1) A person who is aggrieved or adversely affected by a water quantity decision may appeal the decision to the pollution control hearings board under RCW 43.21B.310, or to the superior court where the land is located upon which the water is or would be used. Any appeal to the superior court shall be de novo.
     (2) A person who appeals a decision to the pollution control hearings board under subsection (1) of this section may appeal the board's decision directly to the court of appeals.
     (3) For purposes of this section, a "water quantity decision" includes the following:
     (a) A decision to grant or deny a permit or certificate for a right to the beneficial use of water or to amend, change, or transfer such a right; and
     (b) A decision to enforce the conditions of a permit for, or right to, the beneficial use of water or to require any person to discontinue the use of water.

--- END ---