S-1429               _______________________________________________

                                                   SENATE BILL NO. 5721

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Madsen, Hansen, Gaspard, Barr, Newhouse and Warnke

Read first time 2/3/89 and referred to Committee on  Agriculture.

AN ACT Relating to upland fin fish hatcheries; and amending RCW 90.03.250.

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

        Sec. 1.  Section 27, chapter 117, Laws of 1917 as amended by section 83, chapter 109, Laws of 1987 and RCW 90.03.250 are each amended to read as follows:

(1) Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit from the department as in this chapter provided.  The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department:  PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department:  PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.

(2) This section shall not apply to the use of water for fish spawning and rearing purposes in an upland fin fish hatchery provided that the water is returned to the surface water source without diminution in quality or quantity, without regard to the point of diversion of the water.