S-5226.1  _______________________________________________

                         SENATE BILL 6877

          _______________________________________________

State of Washington      56th Legislature 2000 2nd Special Session

By Senators Morton and Honeyford

Read first time 04/27/2000.  Referred to Committee on Environmental Quality & Water Resources.

Modifying water rights application processing.

    AN ACT Relating to water rights application processing; adding a new section to chapter 90.03 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION. Sec. 1.  The legislature hereby establishes a pilot project for purposes of evaluating means of reducing the current backlog of applications for changes, transfers, or amendments of existing water rights.  For the purposes of this pilot project, the legislature intends to allow the processing of applications for such changes, transfers, or amendments without regard to possible impairment of pending applications for new water rights in specific watersheds.  While the legislature intends to assist the processing of such changes, transfers, and amendments, it does not intend to divert the department of ecology's efforts or in any other way deter the processing of applications for new water rights.

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

    (1) The department may process and render decisions on an application for change independently from processing and making decisions on pending applications for new water rights from the same water source without regard to the dates on which the applications for the new rights were filed.

    (2) Pending applications for new water rights are not entitled to protection from impairment or given priority for any available water if the department or a water conservancy board processes an application for change from the same water source.  New water rights issued after an application for change is approved from the same water source are not entitled to protection from impairment or priority for any available water in relation to the changed, transferred, or amended water right regardless of the dates on which the applications were filed with the department or the board.

    (3) As used in this section:

    (a) "Change of a water right" or "change" means a change or transfer of a water right referred to in RCW 90.03.380 or 90.03.390 or an amendment referred to in RCW 90.44.100 or 90.44.105;

    (b) "Water conservancy board" or "board" means a water conservancy board created under chapter 90.80 RCW; and

    (c) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 2000.

    (4) This section applies only in WRIA's 13, 23, 45, 46, 48, and 49.

    (5) The department shall report to the legislature by January 1, 2001, and by June 30, 2001, on the results of the pilot project.

    (6) This section expires June 30, 2001.

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