SENATE BILL REPORT

SB 5721

BYSenators Madsen, Hansen, Gaspard, Barr, Newhouse and Warnke

Exempting upland fin fish hatcheries from the permit requirement for diverting water under certain circumstances.

Senate Committee on Agriculture

Senate Hearing Date(s):February 16, 1989

Senate Staff:David Monthie (786-7198)

AS OF FEBRUARY 15, 1989

BACKGROUND:

Current law requires any applicant wanting to appropriate water for a beneficial use to apply for a permit from the Department of Ecology (DOE) for the right to use a given quantity of water.  Water may not be used or diverted from its source without such a permit.  The Department of Ecology currently requires both commercial and publicly-operated hatcheries to obtain permits to appropriate water for their activities, which are considered beneficial uses of the water.  Applications for such permits are processed by DOE in the same fashion as other applications, which includes a review of water availability and potential effect on existing water rights.  Such applications may be denied when they request appropriations from closed streams (i.e., where no further appropriations are permitted), with minimum stream flows established, unless the full amount of water diverted is returned to the stream at the point from which it is withdrawn.

SUMMARY:

The requirement of a permit to appropriate water is made inapplicable to the use of water for fin fish spawning and rearing purposes at an upland hatchery, provided that the water is returned to the surface source without diminishment of quantity or quality.  The water need not be returned to the source at the same point from which it was diverted.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 6, 1989