H-2186.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2094

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Agriculture & Ecology (originally sponsored by Representatives G. Chandler and Linville)

Read first time 03/02/1999.

Requiring the department of ecology to file certain rejected water rights claims in the claims registry.

    AN ACT Relating to water rights claims; amending RCW 90.14.081; and adding a new section to chapter 90.14 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 90.14 RCW to read as follows:

    The legislature finds that the department rejected some of the water rights claims filed between September 1, 1997, and June 30, 1998, because the water rights claimed had not been established by the application of water to beneficial use before June 7, 1917, for surface water or June 7, 1945, for ground water.  Many of the rejection notices have been appealed and are pending cases in the administrative and judicial review system.  The legislature further finds that it is not the legislature's intent for these claimants to need to have these issues resolved at this time through the judicial system and therefore to resolve this litigation expeditiously the department shall file in the claims registry all those claims currently on appeal that were rejected because the water rights had not been timely established as provided in RCW 90.14.068.  This section does not apply to claims the department rejected for failure to comply with other procedural or substantive requirements of RCW 90.14.041, 90.14.051, 90.14.061, or 90.14.068.  The filing of claims under this section shall not constitute or be construed as prima facie evidence of the validity or quantification of any water right.

    Sec. 2.  RCW 90.14.081 and 1969 ex.s. c 284 s 17 are each amended to read as follows:

    The filing of a statement of claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one or more water use claimants and another or others.  Except as provided in section 1 of this act, a statement of claim filed pursuant to RCW 90.14.061 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 as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accord with the times of use and quantity of water claimed in the statement of claim.  A statement of claim shall not otherwise be evidence of the priority of the claimed water right.

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