S-3899.1  _______________________________________________

                         SENATE BILL 6603

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senator Honeyford

Read first time 01/20/2000.  Referred to Committee on Environmental Quality & Water Resources.

Clarifying "voluntarily fails" for water rights relinquishment purposes.

    AN ACT Relating to clarifying "voluntarily fails" for water rights relinquishment purposes; 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) The definitions in this section apply for the purposes of RCW 90.14.130 through 90.14.180((,)):

(a) "Sufficient cause" ((shall be defined as)) means the nonuse of all or a portion of the water by the owner of a water right for a period of ((five)) twenty-five or more consecutive years where such nonuse occurs as a result of:

    (((a))) (i) Drought, or other unavailability of water;

    (((b))) (ii) Active service in the armed forces of the United States during military crisis;

    (((c))) (iii) Nonvoluntary service in the armed forces of the United States;

    (((d))) (iv) The operation of legal proceedings;

    (((e))) (v) 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))) (vi) 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.

(b) "Voluntarily fails" means the nonuse of all or a portion of the water by the owner of a water right for a period of twenty-five or more consecutive years where such nonuse occurs as a result of factors within the control of the water user.  A failure to use water is involuntary when the exercise of such right is in response to factors beyond the control of the water user, such as cyclical weather patterns or the unintended presence of water from a source not within the control of the water user.

    (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.

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