BILL REQ. #:  Z-0421.3 

     AN ACT Relating to changes in the point of diversion under a surface water right permit; and amending RCW 90.03.397.

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

Sec. 1   RCW 90.03.397 and 1999 c 232 s 2 are each amended to read as follows:
     (1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use to an approved intake structure with capacity to transport the additional diversion to either: (a) A point of diversion that is located downstream ((and is an existing approved intake structure with capacity to transport the additional diversion)); or (b) to a point of diversion located between Columbia river miles 215.6 and 292, if the ownership, purpose of use, season of use, and place of use of the permit remain the same.
     (2) This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999.