H-1120.1  _______________________________________________

                          HOUSE BILL 1642

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State of Washington      56th Legislature     1999 Regular Session

By Representatives Grant and Mastin

Read first time 02/01/1999.  Referred to Committee on Agriculture & Ecology.

Changing surface water permit and rights provisions.

    AN ACT Relating to surface water permits and rights; amending RCW 90.03.030; and adding a new section to chapter 90.03 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 90.03 RCW to read as follows:

    The department may approve under RCW 90.03.380 a change of the point of diversion for an undeveloped portion of an existing water right permit from an existing authorized point of diversion downstream to an existing intake structure with the available capacity to transport the additional diversion, if there is no change in ownership of the permit and the original purpose and place of use of the water under the permit are not changed.

    This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before the effective date of this section.

    Sec. 2.  RCW 90.03.030 and 1987 c 109 s 68 are each amended to read as follows:

    Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepage, if any, the amount of such seepage to be determined by the department, upon the application of any person interested.  The same authority is granted both for conveyance of water in, and for subsequent conveyance of water from, a watercourse located in a neighboring state, if the neighboring state's approval of the conveyance is documented to the satisfaction of the department and the right to use the water conveyed is by authority of an existing permit or certificate of water right.

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