1504-S AMH LINV HIRS 3

SHB 1504 - H AMD

By Representative Linville

     Beginning on page 2, after line 35, strike all of subsection (5) and insert the following:

     "(5) The right to use water for any beneficial use within the general category of an agricultural use may be changed to another agricultural use, within the limitations of the water right regarding priority, place of use, point of diversion, water source, and annual and instantaneous quantity of water, under the following conditions:

(a) Changes in the type of crop irrigated under an agricultural irrigation water right may be made without notice to the department and do not constitute a change in the purpose of use of the right;

(b) Changes from one agricultural purpose to another agricultural purpose that do not involve a change in the season of use of the water may be made after notification to, but without the approval of, the department;

(c) Changes from one agricultural purpose to another agricultural purpose that involve a change in the season of use of the water may be made after securing approval from the department to proceed with the change.  For these changes, the water right holder shall give notice to the department that includes information describing the proposed change.  The department shall issue a determination within thirty days of receipt of the notice or the water right holder may proceed with the proposed change.  If the department determines that the change may result in impairment to other rights, including water rights established for instream flows, the change under this subsection shall not be approved.  The determination of the department under this subsection shall not be appealable, and shall not preclude changes that

may be authorized under subsections (1), (2), or (3) of this section, RCW 90.03.390, or RCW 90.44.100.

The general category of an agricultural use of water is composed of the beneficial uses of water for agricultural irrigation, frost protection, watering livestock, aquaculture, and processing agricultural commodities.

(6) By January 1, 2003, the department shall report to the appropriate committees of the legislature regarding the use of the authorities granted by subsection (5) of this section and RCW 90.44.100(5) during 2001 and 2002 including a description and analysis of the notices the department receives under subsection (5) of this section and RCW 90.44.100(5) and its responses to those notices."

     Beginning on page 4, after line 26, strike all of subsection (5) and insert the following:

     "(5) The right to use water for any beneficial use within the general category of an agricultural use may be changed to another agricultural use, within the limitations of the water right regarding priority, place of use, point of withdrawal except as authorized by subsection (3) of this section, water source, and annual and instantaneous quantity of water, under the following conditions:

(a) Changes in the type of crop irrigated under an agricultural irrigation water right may be made without notice to the department and do not constitute a change in the purpose of use of the right;

(b) Changes from one agricultural purpose to another agricultural purpose that do not involve a change in the season of use of the water may be made after notification to, but without the approval of, the department;

(c) Changes from one agricultural purpose to another agricultural purpose that involve a change in the season of use of the water may be made after securing approval from the department to proceed with the change.  For these changes, the water right holder shall give notice to the department that includes information describing the proposed change.  The department shall issue a determination within thirty days of receipt of the notice or the water right holder may proceed with the proposed change.  If the department determines that the change may result in impairment to other rights, including water rights established for instream flows, the change under this subsection shall not be approved.  The determination of the department under this subsection shall not be appealable, and shall not preclude changes that

may be authorized under subsections (1) through (4) of this section, RCW 90.03.380, or RCW 90.03.390.

The general category of an agricultural use of water is composed of the beneficial uses of water for agricultural irrigation, frost protection, watering livestock, aquaculture, and processing agricultural commodities."

EFFECT:  (1) Any of the authorized changes in water use must be within the instantaneous withdrawal or diversion limits of the right.  (2) The changes in use that may be made through notification and not approval are changes from one agricultural purpose to another agricultural purpose not involving a change in the season the water is used.  (3) If the season of water use is to be changed within the general category of use, approval must be secured from the Department of Ecology (DOE) which must issue a determination within thirty days of receiving notice or the change is considered approved. The determination is not appealable, but does not preclude changes that may be approved under current law.  (4) Added to the general category of an agricultural use of water are frost protection and aquaculture.  (5) The DOE must report to the legislature by January 1, 2003, regarding the use of the authorities provided by the bill.