AN
ACT Relating to granting water rights; and adding new sections to chapter 90.03
RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
If a person placed surface or ground water to beneficial use before January 1,
1993, for irrigation, stock watering, or domestic use supplied by a public
water supply system with one hundred fifty or fewer service connections for
which a permit or certificate was not issued by the department or its
predecessors, the person or the public water supply system, or their respective
successors may continue to use water in the amount that has been beneficially
used as provided in subsection (3) of this section if:
(a)
The person or the public water supply system files with the department a
statement of claim during the period beginning September 1, 1997, and ending
midnight June 30, 1998, using the standard form prescribed by RCW 90.14.051;
and
(b)
The person or public water supply system has applied the water to beneficial
use to the full extent stated in the statement of claim during at least one of
the five years preceding the date the statement is filed and the person attests
to having done so on the statement.
(2)
The person or public water supply system must file with the statement of claim
evidence that the quantity of water described in the claim was used
beneficially before January 1, 1993, and during one of the five years preceding
the date the statement was filed in the form of any two of the following:
(a)
A statement signed by two persons other than the person filing the statement of
claim verifying that the claimant beneficially used the water before January 1,
1993, and during one of the five years preceding the date the statement was
filed as described in the statement of claim;
(b)
A copy of a dated photograph clearly demonstrating the presence of grass or a
crop requiring irrigation in the amounts asserted in the statement of claim or
of livestock requiring water in such amounts; or records of receipts of the
sale of crops by the person or the person's successor indicating that
irrigation in the amount claimed was required to produce the crops;
(c)
Receipts or records of irrigation or stockwatering equipment purchases or
repairs associated with the water use specified in the statement of claim;
(d)
Water well construction records identifying the date the well specified in the
statement of claim as the point of withdrawal was constructed;
(e)
Records of electricity bills directly associated with the withdrawal of water
as specified in the statement of claim;
(f)
Personal records such as photographs, journals, or correspondence indicating
the use of water as asserted in the statement of claim.
(3)
Public water supply systems must, in addition to the requirements of subsection
(2) of this section, provide evidence of service connections existing and using
water as of January 1, 1993, including documentation that the homes were built
and occupied.
NEW
SECTION. Sec. 2. If
the claimant has not already filed an application for a water right under RCW
90.30.250 or 90.44.060 for the water use stated in the statement of claim, the
claimant shall file such an application with the claimant's statement of
claim. A claimant who has filed both a statement of claim and an application
for a water right has standing to assert a claim of a water right in a general
adjudication under RCW 90.03.110 for the water use stated in the statement of
claim. The statement of claim shall be reviewed by the court as provided in
section 4 of this act.
NEW
SECTION. Sec. 3. A
person may continue to use water described in the statement of claim until one
of the following occurs:
(1)
The department makes its final decision granting or denying the water right
application filed by the applicant as provided in section 2 of this act,
following the completion and adoption of a locally developed water resource
watershed plan for the WRIA; or
(2)
If the department has not made a final decision on the water right application,
a court of competent jurisdiction issues a decree pursuant to a general
adjudication under RCW 90.03.200 that defines or denies the claimant's right to
appropriate water as provided in section 4 of this act.
NEW
SECTION. Sec. 4. The
department or the court may authorize the continued use of water under section
3 of this act only if the claimant meets the requirements of RCW 90.03.247
through 90.03.330, chapter 90.44 RCW, and RCW 90.54.020. If the department
finds that the applicable requirements are met, it shall grant the water right
application and issue a certificate under RCW 90.03.330 authorizing the person
to use that quantity of water that had been put to beneficial use, not to
exceed that quantity requested in the application or documented in the
statement of claim under section 1 of this act, whichever is less. If in a
general adjudication the court finds that the requirements are met, it shall
confirm such use of water in a decree issued under RCW 90.03.200 and the
department shall issue a certificate under RCW 90.03.240. The court may not
confirm a right in excess of the quantity of water that was applied to beneficial
use as documented in the statement of claim under section 1 of this act or the
quantity requested in the application for a water right, whichever is less.
The priority date of any right issued by the department or confirmed by a court
shall be the date a water right application authorizing the use of water was
filed with the department.
NEW
SECTION. Sec. 5. If
the department or the court denies the claimant's use of water under section 4
of this act, the claimant must cease the use of the water. A decision by the
department or a court limiting or denying a claimant's right to continue using
water does not constitute a compensable taking under state or federal law
because such claimants have no continuing legal right to use water.
NEW
SECTION. Sec. 6.
Sections 1 through 8 of this act do not apply to or authorize any use of water
that was the subject of a water right application filed with the department,
where the department denied such application.
NEW
SECTION. Sec. 7. A
continuing use of water authorized under sections 1 through 8 of this act shall
not affect or impair in any respect whatsoever a water right existing before
September 1, 1997. Sections 1 through 8 of this act do not limit the ability
of a senior water right holder to take legal action against any other water
user to prevent impairment of his or her water right. A right granted under
sections 1 through 8 of this act may be junior in every respect to a right with
a more senior date of priority. Any right granted under sections 1 through 8
of this act may only be exercised in a manner that does not impair or interfere
with a water right that is senior to it. The filing of a statement of claim
under this section does not constitute an adjudication of any claim to the
right to the use of waters as between the claimant and the state, or as between
one or more water use claimants. A statement of claim filed under this section
shall be admissible in a general adjudication of water rights as prima facie
evidence of the times of use and the quantity of water the claimant was
withdrawing or diverting to the same extent as is provided by RCW 90.14.081 for
a statement of claim in the water rights claims registry on the effective date
of this section.
NEW
SECTION. Sec. 8. This
section does not apply to ground water in an area that is, during the period
established by section 1(2) of this act, the subject of a general adjudication
proceeding for water rights in superior court under RCW 90.03.110 through
90.03.245 and the proceeding applies to ground water rights. This section does
not apply to surface water in an area that is, during the period established by
section 1(2) of this act, the subject of a general adjudication proceeding for water
rights in superior court under RCW 90.03.110 through 90.03.245 and the
proceeding applies to surface water rights.
NEW
SECTION. Sec. 9.
Sections 1 through 8 of this act do not apply to rights embodied in a water
right permit or certificate issued by the department of ecology or its
predecessors, a water right represented by a claim in the water rights claims
registry, created under RCW 90.14.111, before September 1, 1997, or a water
right exempted from permit and application requirements by RCW 90.44.050.
NEW
SECTION. Sec. 10.
Sections 1 through 8 of this act do not apply to claims for the use of water in
a ground water area or subarea for which a management program adopted by the
department by rule and in effect on the effective date of this section
establishes acreage expansion limitations for the use of ground water.
NEW SECTION. Sec. 11.
Sections 1 through 10 of this act are each added to chapter 90.03 RCW.
