H-1286.1                  _______________________________________________

                                                      HOUSE BILL 1787

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Linville, R. Johnson, Pruitt, Kremen, Rust, Foreman, Quall, Morton, Grant, Johanson, Mastin, Eide and Fuhrman

Read first time 02/08/93.  Referred to Committee on Natural Resources & Parks.

Eliminating certain provisions about water resource inventory and planning areas.

          AN ACT Relating to water resource areas; and amending RCW 90.42.010 and 90.42.080.

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

        Sec. 1.  RCW 90.42.010 and 1991 c 347 s 5 are each amended to read as follows:

          (1) The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs.  Further, the legislature finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon.  It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.

          ((The purpose of this chapter is to provide the mechanism for accomplishing this in a manner that will not impair existing rights to water and to test the mechanism in two pilot planning areas designated pursuant to RCW 90.54.045(2) and in the water resource inventory areas designated under subsection (2) of this section.

          (2) The department may designate up to four water resource inventory areas west of the crest of the Cascade mountains and up to four water resource inventory areas east of the crest of the Cascade mountains, as identified pursuant to chapter 90.54 RCW.  The areas designated shall contain critical water supply problems and shall provide an opportunity to test and evaluate a variety of applications of RCW 90.42.010 through 90.42.090, including application to municipal, industrial, and agricultural use.  The department shall seek advice from appropriate state agencies, Indian tribes, local governments, representatives of water right holders, and interested parties before identifying such water resource inventory areas.

          (3))) (2) The department shall provide to the appropriate legislative committees by December 31, 1993, a written evaluation of the implementation of RCW 90.42.010 through 90.42.090 and recommendations for future application.

        Sec. 2.  RCW 90.42.080 and 1991 c 347 s 12 are each amended to read as follows:

          (1) ((Within the pilot planning areas, and in water resource inventory areas designated in accordance with RCW 90.42.010,)) The state may acquire all or portions of existing water rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities.  Once acquired, such rights are trust water rights.

          (2) The department may enter into leases, contracts, or such other arrangements with other persons or entities as appropriate, to ensure that trust water rights acquired in accordance with this chapter may be exercised to the fullest possible extent.

          (3) Trust water rights may be acquired by the state on a temporary or permanent basis.

          (4) The provisions of RCW 90.03.380 and 90.03.390 apply to transfers of water rights under this section.

          (5) No funds may be expended for the purchase of water rights by the state pursuant to this section unless specifically appropriated for this purpose by the legislature.

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