2544-S AMH POLL SMIL 096

  

SHB 2544 - H AMD 2070

By Representative Pollet

NOT CONSIDERED 03/12/2026

On page 2, line 11, after "section" strike ", the department shall"

On page 2, line 12, after "(a)" insert "The department shall:

(i)"

On page 2, at the beginning of line 16, strike "(b)" and insert "(ii)"

On page 2, line 17, after "needs" strike "for the" and insert ":

(A) For the"

On page 2, line 18, after "adjudication" insert "; and

(B) To support the inclusion of the interests, and full effective participation, of each federally recognized tribal government entity with reserved water rights to instream flows within and downstream of the adjudication area; and

(b) The state shall engage in formal government-to-government consultation with all federally recognized tribal government entities with reserved water rights to instream flows within and downstream of the adjudication area. The consultation must include:

(i) How the state will ensure that each of those tribal government entities will have adequate technical expertise and legal resources, either from federal or state sources, to determine their separate potential interests and rights and to participate in the adjudication;

(ii) A formal agreement, prior to the development of the map under subsection (2)(b) of this section, to ensure that the determination of the geographic area of the adjudication is not arbitrary and does not adversely affect the reserved downstream water rights;

(iii) A process to ensure that those tribal government entities receive notice and summons for the adjudication; and

(iv) How the state will ensure that the adjudication will not diminish or adversely affect water rights within and downstream of the adjudication area that have been held by those tribal government entities since time immemorial"

EFFECT: Requires, prior to filing the adjudication:

Government-to-government consultation with federally recognized tribal governments with reserved instream flow rights within and downstream of the adjudication area, that includes ensuring resources for their participation and that they receive notice and summons, an agreement on the adjudication area, and how the adjudication will not adversely affect their water rights; and

Informing the Legislature of the estimated budget needs to support the inclusion of those tribal governments.

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