HOUSE BILL REPORT

2SSB 6513

As Amended by the House

BYSenate Committee on Ways & Means (originally sponsored by Senators Barr, Hansen and Metcalf; by request of Department of Ecology)

Providing for water supply emergencies.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendment.  (14)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, R. King, McLean, Moyer, Nealey and Rasmussen.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE MARCH 3, 1988

BACKGROUND:

Twice in ten years the Legislature has enacted temporary, emergency legislation in anticipation of serious water supply shortages. Both drought bills provided funds for emergency water supply projects.  The legislation enacted in 1977 authorized the issuance of $18 million in bonds for water supply facilities required to respond to drought conditions.  The monies from the sale of the bonds were deposited in the Emergency Water Projects Revolving Account and appropriated to the Department of Ecology for agricultural water supply and distribution projects.  The legislation enacted in 1987 authorized up to four million dollars of the monies reappropriated to the Department from the Account to be used to deliver water to previously irrigated lands. The grant portion of any grant and loan of funds from the Account for a single project must not exceed 15% of the total project cost.

The bills enacted on both occasions also authorized the issuance of emergency permits for withdrawing water on a temporary basis and expedited the processing of permits for emergency water supply projects and withdrawals. The emergency provisions established in 1977 were in effect until September 30, 1977.  The emergency provisions established in 1987 were in effect until October 31, 1987.

The 1987 legislation expedited the processing of such permits by waiving public bidding requirements, requiring decisions on applications for permits to be rendered within 15 calendar days, and waiving the requirements of the State Environmental Policy Act.  The 1987 legislation also permitted a water right to be temporarily changed in purpose, place of use, or point of diversion in the manner permitted among willing parties under the surface and ground water codes.  (The surface and ground water codes do not permit the water rights of others to be injured or impaired by such a transfer.)

SUMMARY:

A restriction which applies to the use of funds from the Emergency Water Projects Revolving Account is altered.  In general, the grant portion of any grant and loan of such funds for a single project may not exceed 20% (rather than, under current law, 15%) of the total project cost.  However, the grant may constitute as much as 40% of a project or activity for supplying water to an entity if the entity is forecast to receive 50% or less of its normal irrigation water supply. No entity may receive more than 10% of the total of these grant and loan funds available for drought relief purposes.

The nature of the activities that may be funded by monies from the Account is broadened.  In addition to currently authorized uses, the monies may be used for appropriate measures to assure the survival of irrigated crops and the state's fisheries.  Monies from the Account may not be used for nonagricultural drought relief purposes unless there are no other capital budget funds available for these purposes.  Expenditures for nonagricultural uses may not exceed 10 percent of the total of these grant and loan funds available for drought relief purposes.

The emergency authorities granted to the Department of Ecology and the emergency permit procedures established by the 1987 drought statutes are extended to apply until April 30, 1989 (rather than expiring on October 31, 1987).

The Department is authorized to use funds from the Account to employ up to four full-time equivalent staff positions until April 30, 1989, for planning and administering drought relief activities and developing a state drought contingency plan.  However, no appropriation is made for these purposes.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Hedia Adelsman, Department of Ecology.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill with the amendments proposed by the Department reflects the compromises that have been reached on this issue and the fact that the Department of Social and Health Services has been able to identify approximately $3.3 million in drought relief monies for municipal and industrial uses from other sources.

House Committee - Testimony Against:      None Presented.