HOUSE BILL REPORT

HB 232

BYRepresentatives Rayburn and Nealey; by request of Department of Ecology

Prohibiting the relinquishment of water rights attached to lands enrolled in certain federal conservation reserve programs.

House Committe on Agriculture & Rural Development

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Brooks, Chandler, Doty, Grant, Holm, Jacobsen, McLean, Moyer, Nealey and Rasmussen.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

JANUARY 29, 1987

BACKGROUND:

One of the elements of state water law is commonly known as the "use it or lose it" principle.  To maintain a water right, a person must exercise the right for a beneficial use.  If the person abandons the water right or fails to use it beneficially for 5 successive years, the person relinquishes the water right and the right reverts to the state.

Exempted from these provisions requiring the relinquishment of a water right is the failure to use the right for certain "sufficient causes" listed by statute.  One of the sufficient causes listed is the failure to use a water right as a result of federal laws imposing land or water use restrictions.

SUMMARY:

SUBSTITUTE BILL:  State law is amended which exempts, from the requirement that a water right be relinquished for nonuse, the failure to use the right as a result of federal laws imposing land or water use restrictions.  The exemption includes the failure to use the water right as a result of such federal laws either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill exempts from relinquishment the nonuse of water resulting from the implementation of certain federal laws by the voluntary actions of landowners.  The substitute bill requires that the landowners enroll in a federal program implementing the federal laws to qualify for the exemption.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Hedia Adelsman, Department of Ecology; Chris Bachus, Washington Association of Conservation Districts; Stu Trefry, Washington State Grange; Marlyta Deck, Washington Cattlemen's Association.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     (1) The bill will permit a farmer to enter the federal conservation reserve program without the fear that the farmer's water rights for the land in the program would be relinquished for nonuse.  Water rights need to be protected from relinquishment during the full 10 year duration of the reserve program's contracts.

House Committee - Testimony Against: None Presented.