SENATE BILL REPORT

SB 5594

BYSenators 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)

                  February 18, 1987

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 17, 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.  The claims had to be filed by June 30, 1974.  Any person claiming such a right who failed to file the required statement of claim 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 their 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.

The time period for accepting petitions for water rights certifications is extended through August 1, 1987.

EFFECT OF PROPOSED SUBSTITUTE:

The time period for accepting petitions is not re-opened.

Fiscal Note:      none requested

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