SSB 5583 -
By Senator Kauffman
ADOPTED 03/12/2009
On page 1, line 7, after "to" strike "many"
On page 1, line 9, after "considered" strike "the establishment of water banks" and insert "using the state trust water rights program for water banking purposes"
On page 1, line 11, after "water" strike "banks and exchanges" and insert "banking"
On page 1, line 16, after "provide" strike "banked"
On page 2, line 2, after "water" strike "banks" and insert "banking"
On page 2, beginning on line 3, after "throughout the" strike all material through "purposes." on line 5, and insert "state and to improve the effectiveness of the state trust water rights program."
On page 5, line 33, after "provided in" strike "subsection (10)" and insert "subsections (10) and (11)"
On page 6, line 32, after "provided in" strike "subsection (10)" and insert "subsections (10) and (11)"
On page 7, beginning on line 25, strike all of subsection (10) and
insert the following:
"(10) For water rights donated or leased under subsection (4) or
(8) of this section where nonuse of the water right is excused under
RCW 90.14.140(1):
(a) The department shall calculate the amount of water eligible to
be acquired by looking at the extent to which the right was exercised
during the most recent five-year period preceding the date where nonuse
of the water right was excused under RCW 90.14.140(1); and
(b) The total of the donated or leased portion of the water right
and the portion of the water right remaining with the water right
holder shall not exceed the extent to which the water right was
exercised during the most recent five-year period preceding the date
nonuse of the water right was excused under RCW 90.14.140(1).
(11) For water rights donated or leased under subsection (4) or (8)
of this section where nonuse of the water right is exempt under RCW
90.14.140(2) (a) or (d):
(a) The amount of water eligible to be acquired shall be based on
historical beneficial use; and
(b) The total of the donated or leased portion of the water right
and the portion of the water right the water right holder continues to
use shall not exceed the historical beneficial use of that right during
the duration of the trust."
EFFECT: Updates section 1 of the bill to reflect that it is the
intent of the legislature to provide clear authority for water banking
and to improve the effectiveness of the state trust water rights
program.
Provides that, for water rights put into the trust water rights
program, the department of ecology will look at the amount of water
eligible to be acquired based on historical beneficial use if nonuse is
exempt from relinquishment because the water is claimed for power
development purposes or municipal water supply purposes.