S-5227

AN ACT Relating to expediting the processing of pending applications relating to existing water rights by clarifying when pending applications for new water rights are not existing rights, allowing pending applications relating to existing water rights to be processed independently of pending applications for new water rights, allowing applications to be processed ahead of previously filed applications that have insufficient information, providing that processing of applications for new water rights is not to be stopped, requiring a report on the processing of water rights applications, and creating an existing water rights account; amending RCW 90.03.380; adding new sections to chapter 90.03 RCW; adding a new section to chapter 90.44 RCW; adding a new section to chapter 43.21A RCW; creating a new section; making an appropriation; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the size of the current backlog of applications relating to existing water rights should be reduced. By this act, the legislature intends to allow pending applications relating to existing water rights to be processed independently of pending applications for new water rights and without regard to possible impairment of pending applications for new water rights. The legislature intends, however, that timely processing of all water rights applications for the same source of supply in the order in which they were filed should occur to the extent allowed by funding appropriated to the department of ecology.

Sec. 2. RCW 90.03.380 and 1997 c 442 s 801 are each amended to read as follows:

(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted pursuant to the water right, reduced by the estimated annual amount of return flows, averaged over the most recent five-year period of continuous beneficial use of the water right. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and the application shall not be granted until notice of the application is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water.

(2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts.

(3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights.

(4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070.

(5) For purposes of this section, existing rights shall not include pending applications for new water rights.

(6) Applications relating to existing water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights.

(7) Notwithstanding any other processing procedure for applications relating to existing water rights, an application may be processed ahead of a previously filed application, when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and why and informs the applicant that processing of the next application in order of filing will begin. No such previously filed application shall lose its priority date.

NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

Nothing in this chapter authorizes the processing of applications relating to existing water rights to stop the processing of applications for new water rights.

NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:

The department shall report to the legislature in July and January of each year regarding the numbers, types, and locations of applications for water rights processed during the preceding six months. The report submitted each July shall also address applications to be processed during the ensuing year. The report shall include applications filed under chapter 90.80 RCW, shall note applications with priority processing and the basis for priority, and shall note applications relating to water rights issued under chapter 90.66 RCW. This section expires February 1, 2003.

NEW SECTION. Sec. 5. A new section is added to chapter 90.44 RCW to read as follows:

Sections 1 through 4 of this act apply to applications filed under this chapter.

NEW SECTION. Sec. 6. A new section is added to chapter 43.21A RCW to read as follows:

The existing water rights account is created in the state treasury. Moneys may be placed in the account from legislative appropriations and transfers, federal appropriations, or any other lawful source. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used solely to process and render decisions on applications relating to existing water rights filed under chapters 90.03 and 90.44 RCW, where the applications with sufficient information for processing within the same source of supply are processed in the order in which the applications were filed.

NEW SECTION. Sec. 7. The sum of 1.1 million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the existing water rights account for the fiscal year ending June 30, 2001, to carry out the purposes of this act.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.