BILL REQ. #:  H-1338.1 

Read first time 02/05/2007.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to water conservancy boards; and amending RCW 90.80.080.

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

Sec. 1   RCW 90.80.080 and 2001 c 237 s 12 are each amended to read as follows:
     (1) The board must provide a copy of its record of decision to the applicant. The board shall submit its record of decision on the transfer application to the department for review. The board shall also submit its report of examination to the department summarizing factual findings on which the board relied in reaching its record of decision and a copy of the files and records upon which the board's record of decision is based. The board shall also promptly transmit notice by mail to any person who objected to the transfer or who requested notice of the board's record of decision.
     (2) Upon receipt of a board's record of decision, the department shall promptly post the text of the record of decision transmittal form on the department's internet site. The director shall review each record of decision made by a board for compliance with applicable state water law.
     (3) Any party to a transfer, third party who alleges his or her water right will be impaired by the proposed transfer, or other person may file a letter of concern or support with the department and the department may consider the concern or support expressed in the letter. Such letters must be received by the department within thirty days of the department's receipt of the board's record of decision.
     (4) The director shall review the record of decision of the board and shall affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director or at the request of the board or applicant. If the director fails to act within the prescribed time period, the board's record of decision becomes the decision of the department and is appealable as provided by RCW 90.80.090. If the director acts within the prescribed time period, the director's decision to affirm, modify, or reverse is appealable as provided by RCW 90.80.090, and the director's decision to remand is appealable as provided by RCW 90.80.120(((2)(b))) (3)(b).
     (5) The director's review is limited to compliance with established statutes. In the case of transfers affecting water supplies for an established municipality, the director's review shall also consider the requirements of other state and federal agencies mandating either sufficient sources of supply or requiring growth to occur within legally proscribed boundaries, or both. The director shall not condition or modify board decisions unless they are arbitrary and capricious.