Washington State

House of Representatives

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BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1267

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Clarifying that the legislature intends that RCW 90.14.140 be liberally construed.

Sponsors: Representatives Warnick, Chandler, Hinkle, Newhouse, Blake, Ross, Johnson, Kretz and McCune.

Brief Summary of Bill

  • Adds language specifying that the Legislature intends sufficient causes for nonuse of a water right to be liberally construed.

Hearing Date: 1/29/09

Staff: Jaclyn Ford (786-7339)

Background:

Water rights may be relinquished when a person, for five or more consecutive years, abandons or voluntarily fails without sufficient cause to beneficially use water in accordance with their recorded right's terms. The water code provides a "sufficient cause" list of statutory excuses that protect a water right from relinquishment.

Summary of Bill:

The Legislature intends the sufficient causes for nonuse of a water right to be liberally construed. "Liberally construed" means that Legislature intends the statute to have a broad interpretation so that it covers a wide range of conduct.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.