S-2802.1  _______________________________________________

                         SENATE BILL 6099

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Eide, Swecker, Spanel, Fraser and Jacobsen

Read first time 04/15/1999.  Referred to Committee on Environmental Quality & Water Resources.

Establishing a priority for processing applications for water rights transfers and changes.

    AN ACT Relating to water resources changes and transfers; adding a new section to chapter 90.03 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that changes and transfers under the water code are an important means of satisfying existing and future water demands in the state.  Voluntary water transfers improve the administration of the state's existing water resources by increasing the flexibility of water supply and allocation, particularly during droughts and other water shortages.  Creative approaches to reallocation of water usage through transfers and changes provide opportunities to address streamflow augmentation to address salmon recovery needs as well as to address water supply needs for growing communities and new industrial, commercial, and agricultural activities.  Therefore it is the purpose of this act to clarify the water code and to eliminate unwise doctrinal barriers that impede or prevent parties from pursuing innovative transfer agreements, while assuring that other recognized water rights and uses are protected.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.03 RCW to read as follows:

    (1) The department shall accord priority to the processing of applications for transfers and changes in water rights.

    (2) The department in its discretion may process applications for transfers or changes regarding water uses in a basin independently of the order of processing or priority placed upon processing applications for new withdrawals within the same basin, and independently of the order of processing or priority placed upon any applications regarding water use in other basins.

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