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                                                    HOUSE BILL NO. 232

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Rayburn and Nealey; by request of Department of Ecology

Read first time 1/22/87 and referred to Committee on Agriculture & Rural Development.

AN ACT Relating to nonrelinquishment of water rights under the federal conservation reserve program; and amending RCW 90.14.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 14, chapter 233, Laws of 1967 and RCW 90.14.140 are each amended to read as follows:

(1) For the purposes of ((this chapter)) RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:

          (((1))) (a) Drought, or other unavailability of water;

          (((2))) (b) Active service in the armed forces of the United States during military crisis;

          (((3))) (c) Nonvoluntary service in the armed forces of the United States;

          (((4))) (d) The operation of legal proceedings;

          (((5))) (e) Federal laws imposing land or water use restrictions either directly or through implementation of said laws by the voluntary actions of a landowner, or acreage limitations, or production quotas.

(2) Notwithstanding any other provisions of ((this chapter)) RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:

          (((1))) (a) If such right is claimed for power development purposes under chapter 90.16 RCW and annual license fees are paid in accordance with chapter 90.16 RCW, or

          (((2))) (b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply, or

          (((3))) (c) If such right is claimed for a determined future development to take place either within fifteen years of the effective date of this act, or the most recent beneficial use of the water right, whichever date is later, or

          (((4))) (d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW, or

          (((5))) (e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030 as now or hereafter amended.