SENATE BILL REPORT

ESSB 5210

BYSenate Committee on Agriculture (originally sponsored by Senators Hansen, Barr, Gaspard, Bauer and Bailey)

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

Senate Committee on Agriculture

Senate Hearing Date(s):February 3, 1987

Majority Report:  That Substitute Senate Bill No. 5210 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Tom McDonald (786-7404)

                  March 5, 1987

AS PASSED SENATE, MARCH 4, 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, unless sufficient cause is shown for that nonuse.  Appropriators must actually be enrolled in a federal program to be exempt from relinquishment of water rights for nonuse.

The definition of sufficient cause states several specific circumstances under which appropriators will not be subject to relinquishment of their water rights after five years of nonuse.  However, the definition of sufficient does not clearly address the circumstance of a farmer voluntarily entering into a federal conservation program by setting aside land and, thereby, not using the water to irrigate that land.

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:

When federal laws impose land or water use restrictions, either directly or through the voluntary actions of a landowner, that is sufficient cause to exempt a water user from relinquishment of rights after five years of nonuse.

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.

As long as a federal project, recognized under the Washington laws, has not been completed or abandoned by the United States, the water designated for that project shall not be subject to relinquishment.

Senate Committee - Testified: Bob Lee, Department of Agriculture; Hedia Adelsman, Department of Ecology; Jeannie Dickman, Washington State Water Resources Association

Fiscal Note:      none requested