H 0192

H‑0192.1 _____________________________________________

HOUSE BILL 1222

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Delvin, G. Chandler, Armstrong, B. Chandler, Grant, Dunshee, Sump, Schoesler, Clements, Mastin and McMorris

Read first time 01/22/2001. Referred to Committee on Agriculture & Ecology.

_1 AN ACT Relating to water conservancy boards; amending RCW

_2 90.80.010, 90.80.070, 90.80.080, 90.80.100, 90.80.120, and

_3 90.80.140; and adding a new section to chapter 90.80 RCW.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 90.80.010 and 1997 c 441 s 2 are each amended to read

_6 as follows:

_7 The following definitions apply throughout this chapter, unless

_8 the context clearly requires otherwise.

_9 (1) "Board" means a water conservancy board created under this

10 chapter.

11 (2) "Commissioner" means a member of a water conservancy board.

12 (3) "Department" means the department of ecology.

13 (4) "Director" means the director of the department of ecology.

14 (5) "Transfer" means a transfer, change, or amendment to a

15 water right referred to in RCW 90.03.380, 90.03.390, or 90.44.100.

16 Sec. 2. RCW 90.80.070 and 1997 c 441 s 9 are each amended to read

17 as follows:

18 (1) Applications to the board for transfers shall be made on a

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_1 form provided by the department, and shall contain such additional

_2 information as may be required by the board in order to review and

_3 act upon the application. At a minimum, the application shall

_4 include information sufficient to establish to the board's

_5 satisfaction of the transferor's right to the quantity of water

_6 being transferred, and a description of any applicable limitations

_7 on the right to use water, including the point of diversion or

_8 withdrawal, place of use, source of supply, purpose of use,

_9 quantity of use permitted, time of use, period of use, and the

10 place of storage.

11 (2) The transferor and the transferee of any proposed water

12 transfer may apply to a board for approval of the transfer if the

13 water proposed to be transferred is currently diverted, withdrawn,

14 or used within the geographic boundaries of the county, or would

15 be diverted, withdrawn, or used within the geographic boundaries

16 of the county if the transfer is approved. In the case of a

17 proposed water transfer in which the water is currently diverted

18 or would be diverted outside the geographic boundaries of the

19 county, the board shall hold a public hearing in the county of the

20 diversion or proposed diversion. The board shall provide for

21 prominent publication of notice of such hearing in a newspaper of

22 general circulation published in the county in which the hearing

23 is to be held for the purpose of affording an opportunity for

24 interested persons to comment upon the application.

25 (3) After an application for a transfer is filed with the

26 board, the board shall publish notice of the application in

27 accordance with the publication requirements and send notice to

28 state agencies as provided in RCW 90.03.280. Any person may

29 submit comments to the board regarding the application. Any water

30 right holder claiming detriment or injury to an existing water

31 right may intervene in the application before the board pursuant

32 to subsection (4) of this section. If a majority of the board

33 determines that the application is complete, in accordance with

34 the law and the transfer can be made without injury or detriment

35 to existing water rights in accordance with RCW 90.03.380,

36 90.03.390, or 90.44.100, the board shall issue the applicant a

37 certificate conditionally approving the transfer, subject to

38 review by the director.

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_1 (4) If a water right holder claims a proposed transfer will

_2 cause an impairment to that right, the water right holder is

_3 entitled to a hearing before the board. The board shall receive

_4 such evidence as it deems material and necessary to determine the

_5 validity of the claim of impairment. If the party claiming the

_6 impairment establishes by a preponderance of the evidence that his

_7 or her water right will be impaired by the proposed transfer, the

_8 board may not approve the transfer unless the applicant and the

_9 impaired party agree upon compensation for the impairment.

10 Sec. 3. RCW 90.80.080 and 1997 c 441 s 11 are each amended to

11 read as follows:

12 (1) If an application for a transfer is approved by the board,

13 the board shall submit a copy of the proposed certificate

14 conditionally approving the transfer to the department for

15 review. The board shall also submit a report summarizing any

16 factual findings on which the board relied in deciding to approve

17 the proposed transfer. The board shall also transmit notice of

18 the board's decision by mail to any person who objected to the

19 transfer or who requested notice.

20 If an application for a transfer is denied by the board, the

21 board shall submit a copy of a record of its decision denying the

22 transfer to the department for review. The board shall also

23 submit a report summarizing any factual findings on which the

24 board relied in deciding to deny the proposed transfer. The board

25 shall also transmit notice of the board's decision by mail to any

26 person who objected to the transfer or who requested notice.

27 (2) The director shall review each proposed transfer

28 conditionally approved by a board and each decision by a board

29 denying an application for such a transfer for compliance or

30 noncompliance with state water transfer laws including RCW

31 90.03.380, 90.03.390, and 90.44.100, rules and guidelines adopted

32 by the department, and other applicable law.

33 (3) Any party to a transfer or a third party who alleges his or

34 her water right will be impaired by the proposed transfer may file

35 objections with the department. If objections to the transfer are

36 filed with the department, the board shall forward the files and

37 records upon which it based its decision to the department.

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_1 (4) The director shall review the action of the board and

_2 affirm, reverse, or modify the action of the board within forty-

_3 five days of receipt. The forty-five day time period may be

_4 extended for an additional thirty days by the director, upon the

_5 consent of the parties to the transfer. If the director fails to

_6 act within this time period, the board's action is final. Upon

_7 approval of a water transfer by the action or nonaction of the

_8 director, the conditional certificate issued by the board is final

_9 and valid.

10 NEW SECTION. Sec. 4. A new section is added to chapter 90.80

11 RCW to read as follows:

12 No action may be brought or maintained against a commissioner,

13 agent, or employee of a water conservancy board for any

14 noncontractual acts or omissions of the water conservancy board or

15 its commissioners, agents, or employees which are related to water

16 transfers under this chapter.

17 Sec. 5. RCW 90.80.100 and 1997 c 441 s 13 are each amended to read

18 as follows:

19 ((~~Neither~~)) The county ((~~nor~~)), the water conservancy board,

20 and the department shall not be subject jointly or severally to

21 any cause of action or claim for damages arising out of transfers

22 approved or denied by a board under this chapter.

23 Sec. 6. RCW 90.80.120 and 1997 c 441 s 16 are each amended to read

24 as follows:

25 (1) A commissioner of a water conservancy board who has an

26 ownership interest in a water right subject to an application for

27 approval of a transfer ((~~or change~~)) by the board, shall not

28 participate in the board's review or decision upon the

29 application.

30 (2) A commissioner of a water conservancy board who also serves

31 as an employee or upon the governing body of a municipally owned

32 water system, shall not participate in the board's review or

33 decision upon an application for the transfer ((~~or change~~)) of a

34 water right in which that water system has or is proposed to have

35 an ownership interest.

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_1 Sec. 7. RCW 90.80.140 and 1997 c 441 s 18 are each amended to read

_2 as follows:

_3 Nothing in this chapter affects transfers that may be otherwise

_4 approved under chapter 90.03 or 90.44 RCW.

‑‑‑ END ‑‑‑

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