History of HB 2038

-- 2001 REGULAR SESSION --

Feb 13 First reading, referred to Agriculture & Ecology.

H-1595.1

HOUSE BILL 2038

State of Washington 57th Legislature 2001 Regular Session

By Representatives Linville and G. Chandler

Read first time 02/13/2001. Referred to Committee on Agriculture &Ecology.

AN ACT Relating to clarifying "voluntarily fails" for water rights

relinquishment purposes; adding a new section to chapter 90.14 RCW;

creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

{+ NEW SECTION. +} Sec. 1. A new section is added to chapter

90.14 RCW to read as follows:

For the purposes of RCW 90.14.140 through 90.14.180, unless the

context clearly requires otherwise, "voluntarily fails" means the

nonuse of all or a portion of the water by the owner of the water

right, where the nonuse occurs as a result of factors within the

control of the water user. A failure to use all or a portion of the

full water right is involuntary when the nonuse of such right is in

response to factors beyond the control of the water user, such as

cyclical weather patterns or the presence of water from a source not

within the control of the water user as long as the diversion and

delivery facilities are maintained in good operating condition

consistent with the full amount of the water right.

{+ NEW SECTION. +} Sec. 2. Section 1 of this act is remedial in

nature and applies retroactively to October 12, 1977.

{+ NEW SECTION. +} Sec. 3. If any provision of this act or its

application to any person or circumstance is held invalid, the

remainder of the act or the application of the provision to other

persons or circumstances is not affected.

{+ NEW SECTION. +} Sec. 4. This act is necessary for the

immediate preservation of the public peace, health, or safety, or

support of the state government and its existing public institutions,

and takes effect immediately.