FINAL BILL REPORT

2SSB 6513

                                   C 46 L 88

BYSenate Committee on Ways & Means (originally sponsored by Senators Barr, Hansen and Metcalf; by request of Department of Ecology)

Providing for water supply emergencies.

Senate Committee on Agriculture and Committee on Ways & Means

House Committe on Agriculture & Rural Development

SYNOPSIS AS ENACTED

BACKGROUND:

The winter snow pack in the mountains and water storage in the reservoirs are relied upon to supply the high demand for water over the summer months.  In 1986, the snow water content and water carryover in reservoirs in eastern Washington were far below normal.  In 1987, the continued drought caused severe water shortages in both eastern and western Washington.  The most recent statistics show that the current storage carryover and rainfall are below normal.  If the amount of precipitation does not increase dramatically in the near future there will be extensive restrictions on water use this summer, especially affecting irrigated agriculture.

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 to benefit irrigated lands.  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 department's use.

In 1987, the Legislature passed a similar version of the 1977 legislation.  Up to $4 million from the emergency water projects account was appropriated for grants and loans to again fund the construction of facilities to alleviate the drought conditions on irrigated lands.  Water rights were allowed to be transferred temporarily to respond to the emergency conditions.

SUMMARY:

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 to assure the survival of irrigated crops and the state's fisheries.

The department may issue emergency permits to withdraw water for beneficial use involving a previously established activity which has water rights not exercisable because of the drought.  The permits must not allow the withdrawal of water which reduces flows below the amount to maintain fish requirements.

The processing of permits from other state agencies for emergency projects is to be expedited, and the public bidding requirements are waived.

The department 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 may make loans, grants, or a combination of them to alleviate the emergency supply conditions.  Grants may not exceed 20 percent for any single project.  If an activity is forecasted to have 50 percent or less of normal seasonal water supplies, the grant portion for a project may not exceed 40 percent of the total cost.  No single entity may receive more than 10 percent of the total funds available for drought relief.

The funds from the emergency water projects account are not to be used for nonagricultural drought relief purposes unless there are no other capital budget funds available for these purposes.  The total expenditures for nonagricultural drought relief purposes may not exceed 10 percent of the funds available for drought relief.

The funds available for drought relief purposes are those funds in the emergency water project revolving account.  The limitations on the use of the funds are to be applied on grants and loans made for emergency drought activities and are not to restrict or affect the appropriations for the operation costs associated with the drought related activities and other specified water efficiency and water resources studies.

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.

The department is authorized four staff positions until April 30, 1989, for the purpose of administering the drought relief program and developing a statewide drought contingency plan for future drought conditions.

The emergency powers granted the department are to continue through 1989.

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 96   0 (House amended)

      Senate    40     0 (Senate concurred)

EFFECTIVE:March 15, 1988