Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Agriculture & Natural Resources Committee |
HB 1378
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Clarifying that the legislature intends that RCW 90.14.140 be liberally construed.
Sponsors: Representatives Warnick, Blake, Hinkle, Haler, McCune, Condotta and Johnson.
Brief Summary of Bill |
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Hearing Date: 1/20/12
Staff: Jason Callahan (786-7117).
Background:
Water rights may be relinquished when a person, for five or more consecutive years, abandons or voluntarily fails without sufficient cause to beneficially use water in accordance with their recorded right's terms. The water code provides a list of "sufficient causes" for voluntary nonuse that protect a water right from relinquishment. Examples of sufficient causes include: drought or unavailability of water, certain military service, and the operation of legal proceedings [RCW 94.14.140].
Summary of Bill:
The Legislature intends the sufficient causes for voluntary nonuse of a water right to be liberally construed.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.