SENATE BILL REPORT

SHB 1398

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Baugher, McLean, Nealey, Rayburn, Inslee, Heavey, Doty, Smith, Moyer, Chandler, Betrozoff, Wolfe, Miller, Sayan, Ballard, H. Myers and Jesernig; by request of Governor Gardner)

Regarding emergency drought relief.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):March 16, 1989; March 23, 1989

Majority Report:  Do pass as amended.

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

Senate Staff:Bob Lee (786-7404)

                  March 24, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 23, 1989

BACKGROUND:

The Legislature has, on several occasions during recent years, enacted temporary, emergency water supply legislation in anticipation of drought conditions.  The legislation currently in effect until April 30, 1989, grants the Department of Ecology emergency authority to issue temporary water permits, to authorize temporary water transfers, and to provide certain grants and loans from monies appropriated from the receipts of bonds issued for emergency water supply projects.  It also establishes expedited permit processing procedures to be used by state and local governments regarding the emergency water supply projects.  A statute enacted for a drought forecasted to occur in 1977 also granted the Department of Social and Health Services the authority to issue certain temporary water permits.

SUMMARY:

Whenever it appears to the Department of Ecology that a drought condition exists or is forecast to exist, the department may, with the written approval of the Governor, issue an order which grants the department drought emergency powers.  A "drought condition" is defined as one in which water supplies for a geographic area, or for a significant portion of a geographic area, are below 75 percent of normal and the water shortage is likely to create undue hardships for various water uses and users.  Before issuing a drought order, the department must obtain the views of the state and federal agencies specified in the state's drought contingency plan.  A drought order must terminate by the end of the calendar year in which it is issued or, if extended with the written approval of the Governor, by the end of the succeeding calendar year.  Separate drought orders may be issued for different areas or successively for the same area.

The authorities granted under such an order are those currently authorized by the department under drought emergency legislation adopted each of the last two years which terminate on April 30, 1989.  Included is the authority to authorize temporary, emergency permits to withdraw water.  (Any temporary permits previously granted terminate not later than April 30, 1989; permits authorized under this new authority must terminate not later than the termination date of the drought order under which they were granted.)  The following apply to emergency withdrawals and works:  the provisions of the State Environmental Policy Act and public bidding requirements are waived; the processing of permits and rendering of decisions is required within 15 calendar days; and easements across public lands are authorized under certain circumstances.

The department is authorized to issue temporary transfers of water or water rights under the same conditions which apply under the current drought emergency laws.  Nothing authorized under these emergency provisions may interfere with existing water rights, may establish rights to water with or without any priority, or may preclude a person from filing for a water right under the provisions of the surface or groundwater codes.  The department must adopt implementing rules; it may also employ additional personnel consistent with the term of a drought.

Under such a drought order (as is the case under current law), the department may make loans or combinations of loans and grants from emergency water supply bond monies which have been appropriated.  The provisions of current law regarding the use of these monies, the limitations on the share of a project that may be funded by these monies, and the limitations on the use of these monies for nonagricultural purposes apply to funds used under the order.

Provisions of current law are repealed which permit the department to authorize temporary, emergency withdrawals and transfers of water and establish other related drought emergency authorities.  Also repealed is a statute which authorized the Department of Social and Health Services to issue certain water permits during the drought forecasted to occur in 1977.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

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

SUMMARY OF PROPOSED SENATE AMENDMENT:

The emergency water project account funds can be used only during drought conditions after July 1, 1989 except on a one-time basis for developing procedures by state agencies to implement the state drought contingency plan.

Senate Committee - Testified: Kaleen Cottingham, Governor's Office (pro); Jim Bucknell, Department of Ecology (pro); Walter Larrick, Washington State Water Resource Association (pro)