BILL REQ. #:  S-1599.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to de facto changes in water rights for irrigation purposes that involved conversion to more efficient irrigation technologies; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that for certain crops grown in Washington, inefficient overhead irrigation technology was replaced with microirrigation technology, and that this change resulted in more efficient use of water and benefits to instream resources. The legislature also finds that these beneficial water right changes have been in place for over twenty years, resulting in significant economic activity, job creation, and protection of agricultural land from conversion to other uses. It is therefore the intent of the legislature to protect the quantity of water historically used by establishing a pilot project for certain water right changes that were implemented prior to receiving approval from the department of ecology.

NEW SECTION.  Sec. 2   (1) The department of ecology must initiate a pilot project to enable water right holders to correct the current status of water rights that are currently being put to a different place or purpose of use than is indicated on the associated water right certificate when that change was done prior to formal approval being granted by the department of ecology and only if the following conditions are met:
     (a) The water right holder has implemented the requested change but has not yet received approval for that change from the department of ecology;
     (b) The change enabled the water right holder to convert to more efficient microirrigation technology without losing a portion of his or her water right;
     (c) The water right holder has beneficially used the water right for irrigation purposes using microirrigation technology since implementing the change of use; and
     (d) After implementing the change, but before the effective date of this section, the water right holder filed a water right change application or an application for a new water right.
     (2) The department of ecology must solicit applicants interested in participating in the pilot project required by this section. For the purposes of the pilot project, the department must focus on water right holders who satisfy the criteria listed in subsection (1) of this section and that are located in water resource inventory area 01 as identified in WAC 173-500-040 as it existed on the effective date of this section. Any applicants interested in participating in the pilot project required by this section must:
     (a) Indicate the date or dates on which the actual changes in water use occurred;
     (b) Identify the nature and extent of the changes, including any improvements in water use efficiency or reductions in direct impact on instream resources; and
     (c) Make payment for the appropriate fee under RCW 90.03.470(3).
     (3)(a) It is the responsibility of the applicant to provide the department of ecology with evidence of:
     (i) Water use both before and after the de facto changes; and
     (ii) The points of diversion or withdrawal and place of use both before and after the de facto change occurred.
     (b) Evidence that may be submitted for a change may include crop receipts, seed receipts, harvest-related receipts, aerial and other photographs showing land in agricultural production or showing irrigation facilities, irrigation equipment receipts, metering records, or any other form of data acceptable to the department.
     (4)(a) If, based on the confirmation of the information provided by the applicant, the department of ecology finds that the water right holder satisfies the requirements of subsections (1) and (2) of this section, the department shall amend the appropriate water right certificates to reflect the current place and purpose of use following the requirements of RCW 90.03.380, except that the department shall use the time period prior to the implementation of the associated change to determine beneficial and consumptive use of the water right.
     (b) In updating the appropriate certificates, the department of ecology must reflect on the certificate the amount of water beneficially used by the applicant in the five years prior to the water right holder's application for participation in the pilot project required by this section. To assist the department in determining the amount of water diverted and withdrawn, and accurately assessing the quantity of water actually applied to beneficial use, the applicant may submit information related to the amount of land physically contacted by irrigation water and information about the type of irrigation, row spacing, and other variables employed by the holder of the water right.
     (5) An applicant to participate in the pilot project required by this section may, if agreed to by the department of ecology, utilize the coordinated cost-reimbursement process created under RCW 90.03.265.
     (6) The department of ecology must track the number of applicants that expressed an interest in participating in the pilot project required by this section, the number of water right certificates amended under the pilot project, identified challenges to collecting or confirming the necessary information for a change, lessons learned, and applicability of a statewide streamlined change in place or purpose of use based on de facto changes. This information must be submitted to the legislature, consistent with RCW 43.01.036, by October 31, 2015.
     (7) This section expires June 30, 2016.