Surplus state-held water rights

By Alice Day, Reporter
WNPA Olympia News Bureau

OLYMPIA—Local communities could have more access to water if legislators succeed in implementing a new system of leasing surplus state-owned water rights.

A bill proposed by Sen. Jim Honeyford, R-Sunnyside, would require state agencies to more clearly identify, hold and reassign unused water rights associated with agency-held land. Sen. Doug Erickson, R-Ferndale, is the bill’s co-sponsor.

Affected agencies include the state Department of Fish and Wildlife, the Department of Natural Resources and the Parks and Recreation Commission.

Honeyford says many agencies are purchasing land with water rights attached and not using the water.

“It impacts the economy of the local community and I’d like to see that water return to productive agricultural use,” he said.

Senate Bill 5016 would create a Local Economy Trust Water Rights Account within the Department of Ecology, which holds the water rights temporarily until they are transferred for commercial or economic use.

The proposal requires the targeted agencies to conduct an assessment and use evaluation during the next two years before any surplus water rights are made available to non-agency users such as cities, counties, and local water and irrigation districts.

If the agency does not already have a plan to use the water, or has not used it for the past four consecutive years, the agency must file an application to transfer the water rights to the account, under terms of the proposed legislation.

Tom Loranger, water resources manager for the state Department of Ecology, said he has concerns about the way the bill is written, specifically the creation of a new account.

Loranger says there is an advantage in placing surplus water rights in the existing trust water account managed by the Department of Ecology because it allows more uses for the water rights.

“In many cases the highest and best use of these water rights may well be irrigation or municipal supplies,” Loranger said. “In some cases it may well be, depending on the basin, flow relinquishment and flows for fish.”

Under current state law water rights are lost or relinquished to the state after five or more successive years of non-use.

Ecology’s current trust water rights program provides a way to hold water rights for future use without the rights being relinquished, Loranger noted.

Water that is not being withdrawn for commercial or other purposes benefits the environment by supporting the groundwater recharge and in-stream flow, observed Bruce Wishart, lobbyist on behalf of the Center for Environmental Law & Policy and the Sierra Club.

“This bill would prevent the use of the trust water right program, which allows agencies to put water back into the stream,” he said.

Honeyford says the purpose of the bill is to return the surplus water rights to its original agricultural purpose to help boost the local economy. Directing the water to any other purpose is outside bill’s intent, he stated.

The bill passed the Senate Committee on Agriculture and Water and Rural Economic Development and was referred to the Senate Ways and Means Committee on Feb. 18 for further consideration.