HOUSE BILL REPORT
SJM 8014
As Passed House - Amended:
April 6, 1995
Brief Description: Petitioning Congress regarding water adjudication.
Sponsors: Senators Fraser, Morton, Winsley and Rasmussen.
Brief History:
Committee Activity:
Agriculture & Ecology: 3/20/95, 3/30/95 [DPA].
Floor Activity:
Amended.
Passed House: 4/6/95, 97-0.
HOUSE COMMITTEE ON AGRICULTURE & ECOLOGY
Majority Report: Do pass as amended. Signed by 17 members: Representatives Chandler, Chairman; Koster, Vice Chairman; McMorris, Vice Chairman; Mastin, Ranking Minority Member; Chappell, Assistant Ranking Minority Member; Boldt; Clements; Delvin; R. Fisher; Honeyford; Johnson; Kremen; Poulsen; Regala; Robertson; Rust and Schoesler.
Staff: Kenneth Hirst (786-7105).
Background: With the adoption of the McCarran Amendment in 1952, Congress authorized federal water rights to be adjudicated in state courts conducting general adjudication proceedings for water rights. However, it also prohibited a judgment for costs from being entered against the United States in such a suit. The U. S. Supreme Court has found that federally reserved rights, including those held in trust by the United States for Indian reservations, are subject to adjudication under the McCarran Amendment.
The State's Surface Water Code establishes such a comprehensive, or general, adjudication procedure. Such a proceeding is conducted in the Superior Court, with the Department of Ecology serving as the referee for the court. Each person filing a statement of claim in the proceeding must pay the court a filing fee of $25. The department takes testimony and files a report with the court of its findings regarding the water rights of all of the entities claiming water rights in the proceeding. The expenses incurred by the state in such a proceeding, or upon an appeal involving the proceeding, are borne by the state.