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Show INTERRELATIONSHIPS OF THE DUAL WATER RIGHTS SYSTEMS 225 An act enacted in 1967 provides that anyone entitled to divert or withdraw water by virtue of his ownership of land abutting a stream, lake or watercourse "who abandons the same, or voluntarily fails, without sufficient cause," to beneficially use all or any part of such a right for any period of 5 successive years after the act's effective date shall relinquish such right or portion thereof (which shall revert to the State and the affected waters become available for appropriation).314 This legislation has not yet been construed by the Washington Supreme Court. 314Laws 1967, ch. 233, Rev. Code § 90.14.170 (Supp. 1970). See also § 90.14.020 (3). The act's effective date was July 1, 1967. Id. § 90.14.900 (Supp. 1970). A rather elaborate definition of "sufficient cause" and certain exceptions are included in § 90.14.140. Procedures for holding hearings and issuing orders determining any such relinquishment for nonuse are included in § 90.14.130. The 1967 legislation, as revised in 1969, also requires that anyone claiming water rights other than under permit or certificate from the Department of Ecology shall file a claim with the department by June 30, 1974. Failure to do so shall be "conclusively deemed to have waived and relinquished" such rights. Laws 1967, ch. 233, Laws 1969, ch. 284, Rev. Code §§ 90.14.010 to -.121 (Supp. 1970). This legislation may present a question somewhat similar to that discussed above regarding a 1966 Alaska statute concerning the question of the application of the claim registration provisions to unused riparian rights. But in any event, a number of such unused rights might be extinguished for 5-years' nonuse since July 1, 1967, under the statutory provision discussed above, prior to the final June 30, 1974, date for filing water rights claims. The 1967 legislation also stated that "The legislature hereby affirms the rule that no right to withdraw or divert any water shall accrue to any riparian unless said riparian shall have complied with the provisions of law applicable to the appropriation of water." But this provision (critically discussed in Corker and Roe, supra note 311, at 106 et seq.) was repealed in 1969. Laws 1967, ch. 233, § 12, creating Rev. Code § 90.14.120 (Supp. 1970), repealed, Laws 1969, ch. 284, § 23. 450-486 O - 72 - 17 |