1453-S AMH GRAN H2491.1

SHB 1453  - H AMD214
     By Representative Grant

WITHDRAWN 02/01/2008

     Strike everything after the enacting clause and insert the following:

"Sec. 1   RCW 90.03.397 and 1999 c 232 s 2 are each amended to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Mainstem of the Columbia and Snake rivers" means the mainstem of the Columbia and Snake rivers from the Bonneville dam to the upper limits of the pool behind the Chief Joseph dam on the Columbia river, from the confluence of the Snake river and the Columbia river to the upper limits of the pool behind the Ice Harbor dam.
     (b) "Pool" means any surface water reservoir where water is collected and stored for subsequent beneficial use.
     (2)
The department may approve a change of the point of diversion prescribed in a permit or certificate to appropriate water for a beneficial use to a point of diversion that is located downstream, or in the same pool of the mainstem of the Columbia and Snake rivers, and is an ((existing)) approved intake structure ((with capacity to transport the additional diversion,)) if the ownership, purpose of use, season of use, and place of use of the permit remain the same. A change of point of diversion that is located in the same pool of the mainstem of the Columbia and Snake rivers does not need to provide environmental benefits as provided in RCW 90.03.395.
     (3)
This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999.

Sec. 2   RCW 90.03.395 and 1999 c 232 s 1 are each amended to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Mainstem of the Columbia and Snake rivers" means the mainstem of the Columbia and Snake rivers from the Bonneville dam to the upper limits of the pool behind the Chief Joseph dam on the Columbia river, from the confluence of the Snake river and the Columbia river to the upper limits of the pool behind the Ice Harbor dam.
     (b) "Pool" means any surface water reservoir where water is collected and stored for subsequent beneficial use.
     (2) Except for a change of point of diversion that is located in the same pool of the mainstem of the Columbia and Snake rivers as authorized in RCW 90.03.397, t
he legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use."

     Correct the title.

EFFECT:  Incorporates the environmental benefits exemption into the relevant section of the code.

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