SENATE BILL REPORT

SHB 232

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives 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

Senate Committee on Agriculture

Senate Hearing Date(s):March 24, 1987

Majority Report:  Do pass.

      Signed by Senators Hansen, Chairman; Bauer, Vice Chairman; Anderson, Bailey, Barr, Gaspard.

Senate Staff:Tom McDonald (786-7404)

                  March 24, 1987

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 24, 1987

BACKGROUND:

Under the Water Rights Act of 1967, as amended, water appropriators will lose their water rights if they fail to use the water for five consecutive years.  However, an appropriation may be exempt from relinquishment if sufficient cause for nonuse is shown.

The Water Rights Act sets forth several specific circumstances of sufficient cause under which appropriators will not be subject to relinquishment of their water rights after five years of nonuse.  However, the definition of sufficient cause does not clearly address the circumstance of a farmer who fails to use water because of voluntarily entering into a federal conservation program.

It is also not clear whether the provisions allowing for the exemptions from relinquishment of an appropriator's water rights relate only to specific relinquishment provisions or to all provisions of the Act.

SUMMARY:

An appropriator is exempt from relinquishment for sufficient cause when federal laws impose land or water use restrictions, either directly or through the voluntary actions of a landowner.

The circumstances where appropriators are not subject to the relinquishment of their water rights shall relate only to specific relinquishment statutes in the Water Rights Act.  The exemptions from relinquishment do not apply to the provisions providing for the water rights claims registration.

Fiscal Note:      none requested

Senate Committee - Testified: No one