BILL REQ. #:  H-1491.2 

Read first time 02/16/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to improving methods for water rights dispute resolution; creating new sections; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The department of ecology and the administrative office of the courts shall assess the need and demand for adjudications within the state. The department of ecology and the administrative office of the courts shall identify basins that are candidates for adjudications, recommend a priority for basin adjudications, and determine the scope of financial and human resources and court systems necessary to complete the recommended adjudications. The department of ecology and the administrative office of the courts shall submit a joint report on this assessment to the joint task force created under section 2 of this act by October 1, 2005.

NEW SECTION.  Sec. 2   (1) The joint task force on water rights dispute resolution is created. The purpose of the joint task force is to provide a forum for review and discussion of legislative and policy changes or implementation strategies for resolution of water rights disputes. The joint task force shall consist of the following ten members:
     (a) Four members of the house of representatives, two from each of the major caucuses, appointed by the speaker of the house of representatives;
     (b) Four members of the senate, two from each of the major caucuses, appointed by the majority leader of the senate;
     (c) One member from the office of the governor; and
     (d) One member from the office of the attorney general.
     (2) The joint task force members shall be cochaired by one senator and one state representative chosen by the task force.
     (3) The joint task force shall review and make recommendations for legislation and policy regarding:
     (a) The establishment of a water court system, either as a permanent structure or on a pilot project basis;
     (b) The creation of an office of water court commissioners as an alternative to a water court system;
     (c) Methods to determine or settle federal and tribal water rights, including creation of a compact commission and identification of incentives to encourage negotiation and settlement;
     (d) Mechanisms to address interstate and international water rights disputes;
     (e) Authorization for limited special adjudications to resolve a limited number of claims or claims in stream reaches or limited ground water areas;
     (f) The role of the pollution control hearings board with respect to water rights and management disputes;
     (g) The appropriate level of deference by appellate courts for trial court decisions on water rights and management disputes;
     (h) The role of the department of ecology in providing information to a court conducting a general adjudication and to claimants involved in an adjudication, including guidance regarding maintenance and documentation of water rights, prefiling conferences with claimants, tentative determinations of water rights validity, and background information reports;
     (i) Methods to facilitate the process of water rights adjudications, including expanded use of mediation, elimination of the affidavit of prejudice, requirement for prefiled testimony, and use of information technology;
     (j) Systems to maintain currency of adjudicated water rights and to review and make determinations on the validity of water rights independent of an adjudication, including an administrative title system or department of ecology administrative process; and
     (k) Other issues identified by the task force.
     (4) The joint task force shall commence by July 1, 2005, and present a final report to the appropriate committees of the legislature by December 1, 2005. The joint task force shall include the report submitted by the department of ecology and the administrative office of the courts under section 1 of this act in the final report. The joint task force shall be staffed by the office of program research and senate committee services.

NEW SECTION.  Sec. 3   This act expires June 30, 2006.

NEW SECTION.  Sec. 4   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.