_______________________________________________
SENATE
BILL 5333
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time 01/19/2001. Referred to Committee on Environment, Energy &
Water.
Concerning preliminary permits for water closed to
diversions due to a federal moratorium.
AN
ACT Relating to preliminary permit timelines; and amending RCW 90.03.290.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.03.290 and 1994 c 264 s 84 are each amended to read as follows:
(1)
When an application complying with the provisions of this chapter and with the
rules ((and regulations)) of the department has been filed, the same
shall be placed on record with the department, and it shall be its duty to
investigate the application, and determine what water, if any, is available for
appropriation, and find and determine to what beneficial use or uses it can be
applied. If it is proposed to appropriate water for irrigation purposes, the
department shall investigate, determine and find what lands are capable of
irrigation by means of water found available for appropriation. If it is
proposed to appropriate water for the purpose of power development, the
department shall investigate, determine and find whether the proposed
development is likely to prove detrimental to the public interest, having in
mind the highest feasible use of the waters belonging to the public.
(2)(a)
If the application does not contain, and the applicant does not promptly
furnish sufficient information on which to base such findings, the department
may issue a preliminary permit, for a period of not to exceed three years,
requiring the applicant to make such surveys, investigations, studies, and
progress reports, as in the opinion of the department may be necessary. If the
applicant fails to comply with the conditions of the preliminary permit, it and
the application or applications on which it is based shall be automatically
canceled and the applicant so notified. If the holder of a preliminary permit
shall, before its expiration, file with the department a verified report of
expenditures made and work done under the preliminary permit, which, in the
opinion of the department, establishes the good faith, intent, and
ability of the applicant to carry on the proposed development, the preliminary
permit may, with the approval of the governor, be extended, but not to exceed a
maximum period of five years from the date of the issuance of the preliminary
permit.
(b)
For any application for which a preliminary permit was issued and for which the
availability of water was directly affected by a moratorium on further
diversions from the Columbia river during the years from 1990 to 1998, the
preliminary permit is extended through June 30, 2002. If such an application
and preliminary permit were canceled during the moratorium, the application and
preliminary permit shall be reinstated until June 30, 2002, if the application
and permit: (i) Are for providing regional water supplies in more than one
urban growth area designated under chapter 36.70A RCW and in one or more areas
near such urban growth areas, or the application and permit are modified for
providing such supplies, and (ii) provide or are modified to provide such
regional supplies through the use of existing intake or diversion structures.
The authority to modify such a canceled application and permit to accomplish
the objectives of (b)(i) and (ii) of this subsection is hereby granted.
(3)
The department shall make and file as part of the record in the matter, written
findings of fact concerning all things investigated, and if it shall find that
there is water available for appropriation for a beneficial use, and the
appropriation thereof as proposed in the application will not impair existing
rights or be detrimental to the public welfare, it shall issue a permit stating
the amount of water to which the applicant shall be entitled and the beneficial
use or uses to which it may be applied: PROVIDED, That where the water applied
for is to be used for irrigation purposes, it shall become appurtenant only to
such land as may be reclaimed thereby to the full extent of the soil for
agricultural purposes. But where there is no unappropriated water in the
proposed source of supply, or where the proposed use conflicts with existing
rights, or threatens to prove detrimental to the public interest, having due
regard to the highest feasible development of the use of the waters belonging
to the public, it shall be duty of the department to reject such application
and to refuse to issue the permit asked for.
(4)
If the permit is refused because of conflict with existing rights and such
applicant shall acquire same by purchase or condemnation under RCW 90.03.040,
the department may thereupon grant such permit. Any application may be
approved for a less amount of water than that applied for, if there exists
substantial reason therefor, and in any event shall not be approved for more
water than can be applied to beneficial use for the purposes named in the
application. In determining whether or not a permit shall issue upon any application,
it shall be the duty of the department to investigate all facts relevant and
material to the application. After the department approves said application in
whole or in part and before any permit shall be issued thereon to the
applicant, such applicant shall pay the fee provided in RCW 90.03.470:
PROVIDED FURTHER, That in the event a permit is issued by the department upon
any application, it shall be its duty to notify the director of fish and
wildlife of such issuance.
