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Show APPENDIX G HOUSE BILL NO. 458 State of Washington 44th Regular Session by Representatives Valle, Pardini and Thompson ( by Executive request) Read first time February 3, 1975, and referred to Committee on Ecology. An Act Relating to fees for water permits; and adding new sections to chapter 90.03 RCW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION. Section 1. There is added to chapter 90.03 RCW a new section to read as follows: The department of ecology may include, as a condition of approval of an application for a permit now or hereafter filed with department pursuant to RCW 90.03.250 or 90.44.060, any or all of the following in a permit issued pursuant to RCS 90.03.290 and 90.44.060: 1. A condition establishing a reasonable fee to be paid to the state for the use of public waters. In relation thereto: ( a) The fee, which may be graduated based on increasing volumes of use, shall be set in accordance with general schedules of fees contained in rules adopted by the department; ( b) No fee may be included as a permit condition prior to the adoption of rules as described in subsection ( 1) ( a) of this section; and ( c) The fee shall relate only to rights to divert or withdraw and make use of significant amounts of public waters for industrial, commercial, and agricultural irrigation purposes. 2. A condition establishing a date of termination of the permit and the authority embodied therein to divert or withdraw and make use of public waters. In relation therefore: ( a) The date of termination shall be set in accordance with formulas contained in rules adopted by the department; ( b) No date of termination of a permit may included prior to the adoption of rules as described in subseciton ( 2) ( a) of this section; ( c) In the development of rules and the determination of a term of a permit, consideration shall be given, among other factors, to the adequacy of the time period necessary for full development of the use related to the permit taking into account economic factors; ( d) No permit shall have a term of less than ten years or more than fifty years from the date of issuance; and ( e) The term shall relate only to rights to divert or withdraw and make use of significant amounts of public water for industrial, commercial, and agricultural irrigation uses. 3. A condition providing that the holder of a permit to withdraw or divert and make use of public waters for beneficial uses shall manage, formally dedicate, or otherwise provide, as the department shall determine in accordance with general rules adopted by the department, portions of the lands or improvements to which the right to use water generally relates so as to promote public interest and values. Public interest and values as used herein shall include, but not be limited to, recreational, scenic, aesthetic, wildlife, and fisheries interests and values. Whenever a condition of management or dedication of lands or improvements or other requirement as provided in this subsection is included in a permit, any fee included under authority of subsection ( 1) of this section shall be reduced in proportion to the value of the requirement or the former condition. 4. A condition limiting the size of lands to which a permit to withdraw or divert and make use of significant amounts of public waters for agricultural irrigation and other beneficial uses may apply. In relation thereto: ( a) The limitation shall be set in accordance with formulas and criteria contained in rules adopted by the department; and ( b) No limitation may be included as a permit condition prior to the adoption of such rules. 93 |