1791 AMH SHEL H2289.1

1791 AMH SHEL H2289.1

HB 1791 - H AMD 190 NOT CONSIDERED 3/13/95

By Reprsentative Sheldon and others

On page 38, after line 27, insert the following:

"NEW SECTION. Sec. 40. The legislature finds that the present delay in the processing of water right applications is not beneficial to the citizens of the state nor is it in keeping with the goal of managing the resource to the highest possible standard and maximum net benefit.

The legislature further finds that water conservation efforts would be greatly enhanced by a permit system that encourages water right applicants to use only for the amount of water actually necessary to meet their needs.

NEW SECTION. Sec. 41. A new section is added to chapter 90.03 RCW to read as follows:

(1) The department shall develop a general permit system for appropriating water for nonconsumptive, nonbypass uses. This system must be designed and used to accurately identify and register any water right application that qualifies for the general permit. Water for nonconsumptive, nonbypass uses shall be appropriated if the use meets the requirements in this section and is registered. The general permit system must be applicable state-wide, and all waters of the state shall be eligible for coverage under the system. The evaluation and report required for an application under RCW 90.03.290 are not required for applications processed under the general permit system. For the purposes of this section:

(a) "Nonconsumptive, nonbypass use" means a use of water in which water is diverted from a stream or drawn from an aquifer and following its use is discharged back into or near the point of diversion or withdrawal without diminishment in quality and less than five thousand gallons of net consumption per day excluding evaporation, seepage, or recycling; and

(b) "Without diminishment of quality" means that, before being discharged back to its source, the water being discharged meets state water quality standards adopted under chapter 90.48 RCW.

(2) The department shall, by January 1, 1996, establish the general permit system by adopting rules in accordance with chapter 34.05 RCW. Before the adoption of rules for a system, the department shall consult with representatives of the following interest groups: Agriculture; aquaculture; home construction and development; county government; city government; and surface mining. At least four public hearings must be held at various locations around the state. The rules must identify criteria for proposed uses of water for which applications might be processed under the system and must establish procedures for filing and processing applications and issuing water rights certificates under the general permit system.

(3) The fee for general permits authorized under chapter . . ., Laws of 1995 (this act) shall be two hundred fifty dollars.

NEW SECTION. Sec. 42. A new section is added to chapter 90.03 RCW to read as follows:

An application for registration as a nonconsumptive, nonbypass water user under the general permit system established under section 41 of this act must be made on a form adopted and provided by the department. Within sixty days of receipt of a completed application, the department shall determine whether the proposed use is eligible to be processed under the general permit system. If the department determines that the proposed use is eligible to be processed under the system, the application must be processed under the system within the next sixty days. The priority date of the water right established pursuant to this section shall be the date that the application is submitted. If the department determines that the proposed use is not eligible for the processing, the department shall explain to the applicant in writing the reasons for its determination. If the department finds that the permit information does not substantially satisfy the requirements, the application must be considered to be incomplete for processing and the applicant must be notified of this consideration.

NEW SECTION. Sec. 43. Nothing in sections 41 and 42 of this act authorizes the impairment of any existing water rights. A water right holder under sections 41 and 42 of this act shall not make withdrawals that impair a senior water right. A holder of a senior water right who believes his or her water right is impaired may file a complaint with the department of ecology. Where such complaints of impairment have been received, the department of ecology shall make all reasonable efforts to resolve them in a timely manner through agreement of the parties or through available administrative remedies."

Renumber the remaining sections consecutively and correct internal references accordingly.

HB 1791 - H AMD

On page 1, line 9 of the title, after "90.14 RCW;" insert "adding new sections to chapter 90.03 RCW;"