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ENGROSSED SUBSTITUTE HOUSE BILL 1730
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State of Washington 55th Legislature 1997 Regular Session
By House Committee on Agriculture & Ecology (originally sponsored by Representatives Chandler, Schoesler and Grant)
Read first time 03/03/97.
AN ACT Relating to sufficient cause for nonuse of water rights; and amending RCW 90.03.320 and 90.14.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows:
Actual
construction work shall be commenced on any project for which permit has been
granted within such reasonable time as shall be prescribed by the department,
and shall thereafter be prosecuted with diligence and completed within the time
prescribed by the department. The department, in fixing the time for the
commencement of the work, or for the completion thereof and the application of
the water to the beneficial use prescribed in the permit, shall take into
consideration the cost and magnitude of the project and the engineering and
physical features to be encountered, and shall allow such time as shall be
reasonable and just under the conditions then existing, having due regard for
the public welfare and public interests affected((: and, for good cause
shown, it)). For good cause shown, the department shall extend the
time or times fixed as aforesaid, and shall grant such further period or
periods as may be reasonably necessary, having due regard to the good faith of
the applicant and the public interests affected. If federal or state laws
prevent or restrict water use otherwise authorized under the permit, the
department shall extend the time or times fixed for commencing work, completing
work, and applying water to beneficial use and the extension shall be for a
period that is not less than the period of nonuse or restricted use caused by
the federal or state laws. If the terms of the permit or extension
thereof, are not complied with the department shall give notice by registered
mail that such permit will be canceled unless the holders thereof shall show
cause within sixty days why the same should not be so canceled. If cause be
not shown, said permit shall be canceled.
Sec. 2. RCW 90.14.140 and 1987 c 125 s 1 are each amended to read as follows:
(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States during military crisis;
(c) Nonvoluntary service in the armed forces of the United States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas.
(2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right:
(a)
If such right is claimed for power development purposes under chapter 90.16 RCW
and annual license fees are paid in accordance with chapter 90.16 RCW((, or));
(b)
If such right is used for a standby or reserve water supply to be used in time
of drought or other low flow period so long as withdrawal or diversion
facilities are maintained in good operating condition for the use of such
reserve or standby water supply((, or));
(c)
If such right is claimed for a determined future development to take place
either within fifteen years of July 1, 1967, or the most recent beneficial use
of the water right, whichever date is later((, or));
(d)
If such right is claimed for municipal water supply purposes under chapter
90.03 RCW((, or));
(e)
If such waters are not subject to appropriation under the applicable provisions
of RCW 90.40.030 ((as now or hereafter amended));
(f) If such right or portion of the right is leased to another in accordance with a transfer of or change in the right, with regard to the portion leased; or
(g) If such right is claimed for the water supply of an irrigation district organized under chapter 87.03 RCW and the purpose of use is authorized by that chapter.
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