BP BHEAD INT S [atlas:bill]

AN ACT Relating to relinquishment of water rights; and amending RCW 90.14.140.

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

Sec. 1. RCW 90.14.140 and 1998 c 258 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;

(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;

(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;

(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;

(d) If such right is claimed for municipal water supply purposes under chapter 90.03 RCW;

(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030; or

(f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or 90.44.100.

(3) The running of any period of five consecutive years as provided in RCW 90.14.160 through 90.14.180 shall be tolled at the time an application for a change of place or purpose of use or point of diversion is filed under RCW 90.03.380, 90.44.100, or 90.80.070 in the following circumstances:

(a) When an application for change is associated with the transfer of the ownership of the water right from one person or entity to another and sworn affidavits of the transferor and transferee, evidencing a binding written water right transfer or an agreement of sale of the water right, either accompanies the change application when filed or is submitted within four months of the filing of the application; or

(b) When an application for change of a water right, or portion thereof, (i) is associated in part with the transfer of the ownership of a water right to a municipal or public corporation, (ii) the part of the right transferred to the corporation is proposed for change to municipal use of the corporation, and (iii) the application filed is signed by both the owner of the water right and the corporation.

(4) If an application as provided in subsection (3)(a) or (b) of this section is: (a) Approved, the period of tolling provided for in this section ends only after a superseding certificate embodying the approved change is issued and the ability to exercise the changed right shall thereafter be subject to the conditions of the certificate; (b) denied, the period of tolling of the running of the statute ends when the denial ruling is final. If any quasi-judicial or judicial proceedings are initiated to review a decision of either approval or denial of an application, a decision shall be final only after all such proceedings are completed.