SENATE BILL REPORT
HB 1381
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. |
As of March 7, 2011
Title: An act relating to sufficient cause for the nonuse of water.
Brief Description: Regarding sufficient cause for the nonuse of water.
Sponsors: Representatives Warnick, Blake, Hinkle, Taylor, Haler, McCune, Armstrong, Condotta, Johnson, Parker and Shea.
Brief History: Passed House: 3/04/11, 97-0.
Committee Activity: Environment, Water & Energy:
SENATE COMMITTEE ON ENVIRONMENT, WATER & ENERGY |
Staff: Karen Epps (786-7424)
Background: Washington operates under a water right permit system. With certain exceptions, new rights to use surface or ground water or to establish reservoir and storage projects must be established according to the permit system. A person seeking a new water right files an application with the Department of Ecology (Ecology), which must consider a four-part test when deciding whether to issue the requested right: (1) whether water is available; (2) whether a beneficial use of water would be made; (3) whether granting the right would impair existing rights; and (4) whether the proposed use would detrimentally affect the public welfare. If an application passes this test, Ecology issues a permit which establishes a time table for constructing the infrastructure to access the water and for putting water to beneficial use. When the conditions of the permit are satisfied, Ecology issues a water right certificate.
Ecology may permit certain changes to a water right. Ecology may also permit a transfer of a water right from one holder to another. In processing change or transfer applications, Ecology analyzes the validity, limits, and quantity of the right.
If a person abandons or voluntarily fails to use beneficially all or any part of the person's water right for five successive years, the right or unused portion is relinquished and reverts to the state. 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.
Summary of Bill: For the purposes of relinquishment, waiting for a final determination from Ecology on a change application for a temporary permit, change, transfer, or amendment to a water right is sufficient cause for nonuse of a water right.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed, except for section 2, which, because of prior amendments, takes effect June 30, 2019.