SENATE BILL REPORT

SB 5993

BYSenator Hansen

Relating to water rights.

Senate Committee on Agriculture

Senate Hearing Date(s):March 6, 1987

Majority Report:  That Substitute Senate Bill No. 5993 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

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

Senate Staff:Tom McDonald (786-7404)

                  March 6, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 6, 1987

Majority Report:  That Second Substitute Senate Bill No. 5993 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Cantu, Fleming, McDonald, Owen, Rasmussen, Rinehart, Saling, Warnke, Williams, Wojahn.

Senate Staff:Charles Langen (786-7715)

                  March 9, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1987

BACKGROUND:

Eastern Washington farmers and ranchers rely on the snow pack and storage of water over the winter months to supply them with the water they need for irrigation and stock watering over the summer months and the growing season.

In 1986, the snow water content and the total precipitation in eastern Washington were far below normal.  The most recent statistics show that the water carryover in storage from 1986 is approximately 40 percent of normal.  If the amount of precipitation does not dramatically increase in the near future, it is believed the conditions this summer may mirror the drought of 1977.

In anticipation of a water short year in 1977, the Legislature passed a temporary emergency water withdrawal and facilities bill.  This bill gave the Department of Ecology authority to take extraordinary action to withdraw and distribute water in the most economical and fair manner for any beneficial use, and to improve or replace water supply facilities.  The 1977 legislation was funded by authorizing the sale of $18 million in general obligation bonds.  The proceeds from these bonds were placed in an emergency projects water account for the use by the Department of Ecology.

SUMMARY:

Senate Bill 5993 was introduced by title only.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Ecology is given emergency powers to authorize the withdrawal of public waters on a temporary basis and the construction of facilities to alleviate possible emergency water supply conditions during 1987.

The Department may issue permits to withdraw water until October 31, 1987:  1) for beneficial use of a previously established activity, 2) for rights not exercisable because of the drought, 3) if the withdrawal does not reduce flows below the amount to maintain fish requirements.

The processing of permits from other state agencies for emergency projects is to be expedited, and as in the 1977 legislation, the State Environmental Policy Act and the public bidding requirements are waived.

The Department of Ecology shall be provided with short-term easements over specific state or public land.  The temporary powers granted to the Department have no effect on existing water rights and shall not establish permanent rights to water.

The Department of Ecology may make loans, grants or a combination of loans and grants to alleviate the emergency supply conditions.

A water right may be changed temporarily to allow transfer or lease of water between willing parties for the purpose of responding to the water supply conditions.

Funding is from monies remaining in the emergency water projects account.

Appropriation:    Up to $4 million from existing emergency water projects revolving account.

Fiscal Note:      requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The waiver from the requirements of the State Environmental Policy Act is stricken.

Senate Committee - Testified: AGRICULTURE:  No one

Senate Committee - Testified: WAYS & MEANS:  No one