2054-S2 AMS SPAN S3323.1
2SHB 2054 - S AMD TO S AMD (S-3322.1/97)
By Senator Spanel
ADOPTED 4/25/97
On page 41, after line 21 of the amendment, insert the following:
"Sec. 801. RCW 90.03.380 and 1996 c 320 s 19 are each amended to read as follows:
(1)
The right to the use of water which has been applied to a beneficial use in the
state shall be and remain appurtenant to the land or place upon which the same
is used: PROVIDED, HOWEVER, That ((said)) the right may be
transferred to another or to others and become appurtenant to any other land or
place of use without loss of priority of right theretofore established if such
change can be made without detriment or injury to existing rights. The point
of diversion of water for beneficial use or the purpose of use may be changed,
if such change can be made without detriment or injury to existing rights. A
change in the place of use, point of diversion, and/or purpose of use of a water
right to enable irrigation of additional acreage or the addition of new uses
may be permitted if such change results in no increase in the annual
consumptive quantity of water used under the water right. For purposes of this
section, "annual consumptive quantity" means the estimated or actual
annual amount of water diverted pursuant to the water right, reduced by the
estimated annual amount of return flows, averaged over the most recent
five-year period of continuous beneficial use of the water right. Before
any transfer of such right to use water or change of the point of diversion of
water or change of purpose of use can be made, any person having an interest in
the transfer or change, shall file a written application therefor with the
department, and ((said)) the application shall not be granted
until notice of ((said)) the application ((shall be)) is
published as provided in RCW 90.03.280. If it shall appear that such transfer
or such change may be made without injury or detriment to existing rights, the
department shall issue to the applicant a certificate in duplicate granting the
right for such transfer or for such change of point of diversion or of use.
The certificate so issued shall be filed and be made a record with the
department and the duplicate certificate issued to the applicant may be filed
with the county auditor in like manner and with the same effect as provided in
the original certificate or permit to divert water.
(2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.
(3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.
(4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.
Sec. 802. RCW 90.44.100 and 1987 c 109 s 113 are each amended to read as follows:
After
an application to, and upon the issuance by the department of an amendment to
the appropriate permit or certificate of ground water right, the holder of a
valid right to withdraw public ground waters may, without losing his priority
of right, construct wells or other means of withdrawal at a new location in
substitution for or in addition to those at the original location, or he may
change the manner or the place of use of the water((: PROVIDED, HOWEVER,
That such)). An amendment shall be issued only after publication of
notice of the application and findings as prescribed in the case of an original
application. Such amendment shall be issued by the department only on the
conditions that: (1) The additional or substitute well or wells shall tap the
same body of public ground water as the original well or wells; (2) use of the
original well or wells shall be discontinued upon construction of the
substitute well or wells; (3) the construction of an additional well or wells
shall not enlarge the right conveyed by the original permit or certificate; and
(4) other existing rights shall not be impaired. An amendment to a permit
or certificate to change the place of use, point of withdrawal, and/or purpose
of use of a ground water right to enable irrigation of additional acreage or
the addition of new uses may be issued if such change results in no increase in
the annual consumptive quantity of water used under a certificate or authorized
for use under a permit. For purposes of this section, "annual consumptive
quantity" means the estimated or actual annual amount of water withdrawn
pursuant to a certificate or the amount authorized for use pursuant to a
permit, reduced by the estimated annual amount of return flows. For permits or
certificates under which actual amounts of water have been withdrawn,
withdrawals and return flows shall be averaged over the most recent five-year
period of continuous beneficial use of the ground water right or, if the period
of actual continuous beneficial use is less than five years, such lesser
period. The department may specify an approved manner of construction and
shall require a showing of compliance with the terms of the amendment, as
provided in RCW 90.44.080 in the case of an original permit."
Renumber the remaining sections consecutively and correct any internal references accordingly.
2SHB 2054 - S AMD TO S AMD (S-3322.1/97) - 521
By Senator Spanel
ADOPTED 4/25/97
On page 42, line 8 of the title amendment, after "90.14.200," strike "and 90.66.080" and insert "90.66.080, 90.03.380, and 90.44.100"
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