BILL REQ. #: H-0738.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/16/09. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to eliminating the partial relinquishment of water rights; and amending RCW 90.14.130, 90.14.160, 90.14.170, and 90.14.180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.14.130 and 1987 c 109 s 13 are each amended to read
as follows:
When it appears to the department of ecology that a person entitled
to the use of water has not beneficially used his or her water right
((or some portion thereof,)) and it appears that said right has or may
have reverted to the state because of such nonuse, as provided by RCW
90.14.160, 90.14.170, or 90.14.180, the department of ecology shall
notify such person by order: PROVIDED, That where a company,
association, district, or the United States has filed a blanket claim
under the provisions of RCW 90.14.060 for the total benefits of those
served by it, the notice shall be served on such company, association,
district or the United States and not upon any of its individual water
users who may not have used the water ((or some portion thereof)) which
they were entitled to use. The order shall contain: (1) A description
of the water right, including the approximate location of the point of
diversion, the general description of the lands or places where such
waters were used, the water source, the amount involved, the purpose of
use, and the apparent authority upon which the right is based; (2) a
statement that unless sufficient cause be shown on appeal the water
right will be declared relinquished; and (3) a statement that such
order may be appealed to the pollution control hearings board. Any
person aggrieved by such an order may appeal it to the pollution
control hearings board pursuant to RCW 43.21B.310. The order shall be
served by registered or certified mail to the last known address of the
person and be posted at the point of division or withdrawal. The order
by itself shall not alter the recipient's right to use water, if any.
Sec. 2 RCW 90.14.160 and 1981 c 291 s 1 are each amended to read
as follows:
(1) Any person entitled to divert or withdraw waters of the state
through any appropriation authorized by enactments of the legislature
prior to enactment of chapter 117, Laws of 1917, or by custom, or by
general adjudication, who abandons the same, or who voluntarily fails,
without sufficient cause, to beneficially use ((all or any part of))
said right to divert or withdraw for any period of five successive
years after July 1, 1967, shall relinquish such right ((or portion
thereof,)) and said right ((or portion thereof)) shall revert to the
state, and the waters affected by said right shall become available for
appropriation in accordance with RCW 90.03.250.
(2) For purposes of this section, a person shall not be deemed to
have voluntarily failed to beneficially use said water right if the
person has continued to use at least a portion of said right for the
established purpose of use.
Sec. 3 RCW 90.14.170 and 1967 c 233 s 17 are each amended to read
as follows:
(1) Any person entitled to divert or withdraw waters of the state
by virtue of his or her ownership of land abutting a stream, lake, or
watercourse, who abandons the same, or who voluntarily fails, without
sufficient cause, to beneficially use ((all or any part of)) said right
to withdraw or divert said water for any period of five successive
years after July 1, 1967, shall relinquish such right ((or portion
thereof,)) and such right ((or portion thereof)) shall revert to the
state, and the waters affected by said right shall become available for
appropriation in accordance with the provisions of RCW 90.03.250.
(2) For purposes of this section, a person shall not be deemed to
have voluntarily failed to beneficially use said water right if the
person has continued to use at least a portion of said right for the
established purpose of use.
Sec. 4 RCW 90.14.180 and 1987 c 109 s 101 are each amended to
read as follows:
(1) Any person hereafter entitled to divert or withdraw waters of
the state through an appropriation authorized under RCW 90.03.330,
90.44.080, or 90.44.090 who abandons the same, or who voluntarily
fails, without sufficient cause, to beneficially use ((all or any part
of)) said right to withdraw for any period of five successive years
shall relinquish such right ((or portion thereof,)) and such right ((or
portion thereof)) shall revert to the state, and the waters affected by
said right shall become available for appropriation in accordance with
RCW 90.03.250. All certificates hereafter issued by the department of
ecology pursuant to RCW 90.03.330 shall expressly incorporate this
section by reference.
(2) For purposes of this section, a person shall not be deemed to
have voluntarily failed to beneficially use said water right if the
person has continued to use at least a portion of said right for the
established purpose of use.