BP BHEAD INT H [atlas:bill]

AN ACT Relating to trust water rights; and amending RCW 90.38.020 and 90.42.080.

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

Sec. 1. RCW 90.38.020 and 1989 c 429 s 3 are each amended to read as follows:

(1) The department may acquire water rights, including but not limited to storage rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. If an aquatic species is listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) for a body of water, certain instream flows are needed for the species, and the holder of a right to water from the body of water chooses to donate all or a portion of the person's water right to the trust water system to assist in providing those instream flows on a temporary or permanent basis as described in subsection (3) of this section, the department shall accept the donation on such terms as the person may prescribe. Once accepted, such rights are trust water rights within the conditions prescribed by the donor.

(2) The department may make such other arrangements, including entry into contracts with other persons or entities as appropriate to ensure that trust water rights acquired in accordance with this chapter can be exercised to the fullest possible extent.

(3) The trust water rights may be acquired on a temporary or permanent basis. A trust water right acquired on a temporary basis may or may not be acquired for a specified number of years or other period of time. An example of one which might not be acquired for a specified number of years is as follows: If a water right is acquired on a temporary basis to assist in providing certain instream flows for a species of fish that is listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.), the water right could be acquired for the period of time that the species is so listed and could also be acquired for only those portions of that period of time that the water right is needed to assist in providing those instream flows. The example provided by this subsection shall not be construed as limiting in any manner the remaining provisions of this subsection.

Sec. 2. RCW 90.42.080 and 1993 c 98 s 4 are each amended to read as follows:

(1)(a) The state may acquire all or portions of existing water rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights.

(b) If an aquatic species is listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) for a body of water, certain instream flows are needed for the species, and the holder of a right to water from the body of water chooses to donate all or a portion of the person's water right to the trust water system to assist in providing those instream flows on a temporary or permanent basis as described in subsection (3) of this section, the department shall accept the donation on such terms as the person may prescribe. Once accepted, such rights are trust water rights within the conditions prescribed by the donor.

(2) The department may enter into leases, contracts, or such other arrangements with other persons or entities as appropriate, to ensure that trust water rights acquired in accordance with this chapter may be exercised to the fullest possible extent.

(3) Trust water rights may be acquired by the state on a temporary or permanent basis. A trust water right acquired on a temporary basis may or may not be acquired for a specified number of years or other period of time. An example of one which might not be acquired for a specified number of years is as follows: If a water right is acquired on a temporary basis to assist in providing certain instream flows for a species of fish that is listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.), the water right could be acquired for the period of time that the species is so listed and could also be acquired for only those portions of that period of time that the water right is needed to assist in providing those instream flows. The example provided by this subsection shall not be construed as limiting in any manner the remaining provisions of this subsection.

(4) The provisions of RCW 90.03.380 and 90.03.390 do not apply to donations acquired under subsection (1)(b) of this section, but do apply to other transfers of water rights under this section.

(5) No funds may be expended for the purchase of water rights by the state pursuant to this section unless specifically appropriated for this purpose by the legislature.