SENATE BILL REPORT

SSB 5594

BYSenate Committee on Agriculture (originally sponsored by  Senators Hansen, Barr, Bauer, Deccio and Newhouse)

Authorizing amendment to water rights claims under certain conditions.

Senate Committee on Agriculture

Senate Hearing Date(s):February 3, 1987; February 17, 1987

Majority Report:  That Substitute Senate Bill No. 5594 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Kaleen Cottingham (786-7415)

                  April 7, 1987

House Committe on Agriculture & Rural Development

AS PASSED SENATE, MARCH 9, 1987

BACKGROUND:

In 1969 the Legislature established the requirement that all persons claiming a right to water file a water rights claim with the state by June 30, 1974.  Anyone who failed to do so is deemed to have waived and relinquished any right in that water.

In 1979 the Legislature reopened the registration period. Water rights claimants were permitted to file petitions through December 31, 1979 for certification from the Pollution Control Hearings Board, which, if granted, would allow the person to file a water rights claim with the Department of Ecology.

In 1985 the Legislature again opened the time period for obtaining certification.

SUMMARY:

The Department shall accept amendments to water rights claims previously filed, if such amendments pertain to: (1) an error in estimation of quantity; (2) a change in circumstances not foreseeable at the time of the original petition which relate to transportation or diversion of water; or (3) errors by the agency.

Fiscal Note:      none requested

Senate Committee - Testified: Bill McArdle, Cascade Irrigation District; Hedia Adelsman, Department of Ecology

HOUSE AMENDMENT:

The word "petition" is changed to "claim" and a mistake in the title RCW is corrected.