S-1961

AN ACT Relating to functions and certification of certified water rights examiners; adding a new section to chapter 90.03 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature intends to expedite the issuance of final water right certificates, superseding certificates, or certificates of change by providing for certification of individuals qualified to assist those who hold permits for development of water rights and those who have approval for change or transfer of existing water rights to complete the necessary proof of examination.

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

(1) By June 30, 2002, the department must adopt rules to establish certification procedures, qualifications, and fees for certified water rights examiners, and any other requirements not established by law for fulfilling the functions of certified water rights examiners.

(2) Certified water rights examiners must be certified by the department to perform the following functions:

(a) To carry out the proof examination of a permitted water right development as a prerequisite to the issuance of a final water right certificate. The examiner must provide a report and detailed map to the department as to that examination; and

(b) To carry out the proof examination for a change or transfer of an existing water right or water right claim and to provide a report and detailed map to the department as to that examination as a prerequisite to the issuance of a superseding certificate or certificate of change.

(3) The department must develop and administer a written examination for purposes of certifying water rights examiners. An examination fee in an amount established by the department's rule required by subsection (1) of this section must be paid in advance of testing. The certification is valid for one year, renewable upon payment of a renewal fee prior to the expiration of the one-year period. Examiners in good standing are not required to retest to receive a certification renewal. Former examiners whose certifications have lapsed for more than one year are required to retake the examination to be recertified. The department's denial of certification or a renewal may be appealed to the pollution control hearings board under RCW 43.21B.230.

(4) The department shall establish and from time to time update by rule the amount of fees charged for the examination, certification, certificate renewal, and training of water right examiners. The department shall set the fees at a sufficient level to defray all costs of administering the program to license and regulate water right examiners. Fees collected under this section shall be credited by the state treasurer to the state reclamation revolving account established in RCW 89.16.020. The fees must be allocated and expended by the director for the administration of the licensed water rights examiner program.

(5) The department may issue an order suspending or revoking the certificate of any certified water right examiner for good cause, including illegal acts, misrepresentation of the facts associated with a proof examination and report, or gross incompetence. The department's order may be appealed to the pollution control hearings board under RCW 43.21B.230.

(6) The department must keep a record of any complaints it receives or irregularities it observes regarding individual certified water rights examiners. The department must inform the examiner if a complaint is received or an irregularity is observed and permit the examiner to provide a written explanation to the department. The records must be made available to any person who requests them. The department must investigate complaints that allege or irregularities that indicate a breach of law.

(7) Each examiner may set his or her own fees for services offered.

(8) The department must retain a list of all active certified water rights examiners and the geographic areas of the state in which each has indicated a willingness to work. The list must be provided to any person who requests it and must be posted electronically by the department.

(9) The department must provide at least one day of continuing education training per year for water rights examiners. Examiners are required to attend the department's training session or attend an alternative training opportunity of at least one day's duration provided by a third party and approved by the department. The department must provide timely information to licensed examiners regarding changes in water resource laws, rules, policies, court decisions, and procedures.

(10) Proof examinations, opinions, or other actions taken by certified water rights examiners are not binding on the department, nor are they prima facie evidence in any legal proceeding.

(11) The department and officers or employees of the department may not be found liable for damages alleged to have arisen from the actions or inactions of the department, its officers, or employees under this section.