Introduced by Rep. Brian Blake, (D-Aberdeen) (D) on January 23, 2009, provides that if an adjudication is needed for effective water management,, the department, of natural resources in consultation with the administrative office of the courts, will determine whether sufficient resources are available to conduct an adjudication before proceeding. (See also Companion SB 5533)
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Referred to the House Agriculture & Natural Resources Committee on January 23, 2009.
Substitute offered in the House on February 20, 2009, to delete the authority for the DOE to enter onto land appurtenant to the claim to conduct a preliminary investigation; and retroactive effective dates within the original bill. The substitute add; that prior to filing a limited adjudication, the DOE must: notify and consult affected state agencies, local governments, and Indian tribes; publish notice of its intent to file a limited adjudication and post notice of the intent to file a limited adjudication on its website. also a definition of “water right claimant” is added along with additional motions for a water right claimant, criteria for the statement to the court provisions for a party in default to file a late claim, criteria for the adjudication claim,criteria for evidence and
provisions for the superior court to appoint a referee and adopt special rules. The substitute passed in the House by voice vote on February 20, 2009.
Referred to the House Rules Committee on February 23, 2009.
Amendment offered by Rep. Brian Blake, (D-Aberdeen) (D) on March 12, 2009, to clarify through a striking amendment that the return date of the summons must be between 100 and 130 days. The department of ecology (DOE) must provide information that will assist claimants of small uses of water in completing their adjudication claims. Makes grammatical changes. Removes limited adjudication. Removes the requirement that upon the court's determination of issues, the court must issue a final decree and provide notice of the decree to all parties. Removes that prohibition for the pollution control hearings board to hear appeals of decisions by the DOE to administer or enforce a
final adjudication decree if a superior court has retained jurisdiction to administer or enforce the decree. The amendment passed in the House by voice vote on March 12, 2009.
Referred to the Senate Environment, Water & Energy Committee on March 16, 2009.
Amendment offered in the Senate on March 26, 2009, to require that a court in a general adjudication issue a final decree and provide notice of the decree to all the parties. Establishes that within 90 days after the final decree, each party,
except the United States or an Indian Tribe, must pay Ecology $50 for preparing and issuing a water right certificate, and makes technical changes
. The amendment passed in the Senate by voice vote on March 26, 2009.
Referred to the Senate Rules Committee on March 26, 2009.
Amendment offered by Sen. Phil Rockefeller, (D-Kitsap County) (D) on April 14, 2009, to eliminates an "incorporation by reference" issue that currently exists in the striking amendment. The amendment passed in the Senate by voice vote on April 14, 2009.
Amendment offered by Sen. Jim Honeyford, (R-Sunnyside) (R) on April 14, 2009, to establishes that the court issuing a final decree in a general adjudication would have jurisdiction to administer the decree. The amendment failed in the Senate by voice vote on April 14, 2009.
Received in the House on April 20, 2009. Passed in the House (69 to 29) on April 20, 2009. [Vote Details and Comments]
Signed by Gov. Christine Gregoire on May 5, 2009, establishes the requirements for the adjudication of water rights claims. Encourages the settlement of adjudication claims out of court. Provides criteria for the disqualification of judges. Modernizes language relating to water right adjudications.