WA People
BILL · 2003–04 SESSION · LATEST VERSION 2E2SHB 1338

HB 1338: Municipal water rights

Providing additional certainty for municipal water rights.

Summary

  • Defines which water rights are held for municipal water supply purposes and establishes provisions regarding such rights.
  • Declares such rights represented by certificates issued under a "pumps and pipes" principle to be rights in good standing but, from now on, allows certificates for new municipal water rights to be issued only for the water actually beneficially used.
  • Identifies how the "place of use" of a municipal water supplier's water right may be the same as the supplier's service area and when limitations found in water right documents do not limit the number of service connections or population that may be served under a municipal water right.
  • Requires water service under water system plans for new industrial, commercial, and residential uses to be consistent with comprehensive plans, land use plans, and development regulations; establishes a duty for a retail supplier to serve new residences in its service area under certain criteria; and requires certain consultation in the system plan approval process where further coordination between water system planning and watershed planning needed.
  • Requires certain water conservation planning and practices and authorizes the Department of Health to charge municipal suppliers a specified fee until June 30, 2007, to provide funding for conservation activities.
  • Authorizes the transfer of inchoate municipal water rights under certain conditions and requires the DOE to prioritize its resources for streamflow restoration in watersheds where the use of inchoate water rights may have a larger effect.

From the Second Substitute House Bill Report (2SHB 1338), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 5, Laws of 2003, 1st Special Session
  1. IntroducedJan 22, 2003
  2. Out of committeeMar 10, 2003
  3. Passed HouseMar 18, 2003
  4. Passed SenateJun 10, 2003
  5. GovernorJun 20, 2003
  6. LawJun 20, 2003
Prime sponsor
Kelli Linville (D-42)
Introduced
January 22, 2003 in the House
Last action
June 20, 2003
Session law
Chapter 5, Laws of 2003, 1st Special Session
Requested by
Governor
Companion bill
SB 5331
Budget
Has a fiscal note
Versions
HB 1338, SHB 1338, 2E2SHB 1338

AN ACT Relating to certainty and flexibility of municipal water rights and efficient use of water;

Sponsors

Prime sponsor: Kelli Linville (D-42)

14 co-sponsors (9 Democrats, 5 Republicans)

Steve Kirby D-29Patricia Lantz D-26Phil Rockefeller D-23Jan Shabro R-31Fred Jarrett R-41Bill Grant D-16Dave Quall D-40Senator D-22Jerome Delvin R-8Deb Wallace D-17Beverly Woods R-23Brad Benson R-6Jeff Morris D-40Steve Conway D-29

Votes

House · Final Passage

Passed March 18, 2003
Version voted on: 2E2SHB 1338
57 Yea 40 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat46501
Republican113500
How each member voted

Yea (57)

Excused (1)

Permalink to this vote

House · Final Passage

Passed June 5, 2003
Version voted on: 2E2SHB 1338
83 Yea 14 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat381400
Republican45001
How each member voted

Yea (83)

Excused (1)

Permalink to this vote

Senate · 3rd Reading & Final Passage

Passed June 10, 2003
Version voted on: 2E2SHB 1338
33 Yea 11 Nay 0 Absent 5 Excused
PartyYeaNayAbsentExcused
Democrat121101
Republican21004
How each member voted
Permalink to this vote
4 other recorded votes (amendments, procedural motions)

House · Amendment 279 by Chandler (page 5, line 34)

March 18, 2003
Version voted on: 2E2SHB 1338
47 Yea 50 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat24901
Republican45100
How each member voted

Yea (47)

Nay (50)

Excused (1)

Permalink to this vote

House · Amendment 269 by Chandler (page 7, line 22)

March 18, 2003
Version voted on: 2E2SHB 1338
47 Yea 50 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat24901
Republican45100
How each member voted

Yea (47)

Nay (50)

Excused (1)

Permalink to this vote

House · Amendment 270 by Chandler (page 12, line 26)

March 18, 2003
Version voted on: 2E2SHB 1338
97 Yea 0 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat51001
Republican46000
How each member voted

Yea (97)

Excused (1)

Permalink to this vote

Senate · Amendment 486 by Fraser (page 19, line 32)

June 10, 2003
Version voted on: 2E2SHB 1338
19 Yea 25 Nay 0 Absent 5 Excused
PartyYeaNayAbsentExcused
Democrat19401
Republican02104
How each member voted
Permalink to this vote

History

  1. Effective date 9/9/2003. (2E2SHB 1338)
  2. Chapter 5, 2003 Laws 1st Special Session. (2E2SHB 1338)
  3. Governor signed. (2E2SHB 1338)
  4. Read first time, rules suspended, and placed on second reading calendar. (2E2SHB 1338)
  5. Third reading, passed; yeas, 33; nays, 11; absent, 0; excused, 5. (2E2SHB 1338)
  6. Rules suspended. Placed on Third Reading. (2E2SHB 1338)
  7. Delivered to Governor. (2E2SHB 1338)
  8. President signed. (2E2SHB 1338)
  9. Speaker signed. (2E2SHB 1338)
  10. Held on first reading. (2E2SHB 1338)
  11. Third reading, passed; yeas, 83; nays, 14; absent, 0; excused, 1. (2E2SHB 1338)
  12. Rules suspended. Placed on Third Reading. (2E2SHB 1338)
  13. Floor amendment(s) adopted. (2E2SHB 1338)
  14. Returned to second reading for amendment. (2E2SHB 1338)
  15. Rules suspended. (2E2SHB 1338)
  16. Rules Committee relieved of further consideration. Placed on third reading. (2E2SHB 1338)
  17. By resolution, reintroduced and retained in present status. (2E2SHB 1338)
  18. By resolution, returned to House Rules Committee for third reading. (2E2SHB 1338)
  19. Placed on second reading by Rules Committee. (2E2SHB 1338)
  20. Passed to Rules Committee for second reading. (2E2SHB 1338)
  21. Minority; do not pass. (2E2SHB 1338)
  22. NR - Majority; do pass with amendment(s). (2E2SHB 1338)
  23. First reading, referred to Natural Resources, Energy & Water. (2E2SHB 1338)
  24. Third reading, passed; yeas, 57; nays, 40; absent, 0; excused, 1. (2E2SHB 1338)
  25. Rules suspended. Placed on Third Reading. (2E2SHB 1338)
  26. Floor amendment(s) adopted. (2E2SHB 1338)
  27. 2nd substitute bill substituted. (2E2SHB 1338)
  28. 2nd substitute bill substituted. (SHB 1338)
  29. 2nd substitute bill substituted.
  30. Placed on second reading by Rules Committee. (2E2SHB 1338)
  31. Placed on second reading by Rules Committee. (SHB 1338)
  32. Placed on second reading by Rules Committee.
  33. Passed to Rules Committee for second reading. (2E2SHB 1338)
  34. Passed to Rules Committee for second reading. (SHB 1338)
  35. Passed to Rules Committee for second reading.
  36. APP - Majority; 2nd substitute bill be substituted, do pass. (2E2SHB 1338)
  37. Minority; do not pass. (2E2SHB 1338)
  38. Minority; do not pass. (SHB 1338)
  39. APP - Majority; 2nd substitute bill be substituted, do pass. (SHB 1338)
  40. APP - Executive action taken by committee. (SHB 1338)
  41. APP - Executive action taken by committee.
  42. APP - Majority; 2nd substitute bill be substituted, do pass.
  43. Minority; do not pass.
  44. Referred to Appropriations. (SHB 1338)
  45. Referred to Appropriations.
  46. AGNR - Majority; 1st substitute bill be substituted, do pass. (SHB 1338)
  47. Minority; do not pass. (SHB 1338)
  48. AGNR - Executive action taken by committee.
  49. Minority; do not pass.
  50. AGNR - Majority; 1st substitute bill be substituted, do pass.
  51. First reading, referred to Agriculture & Natural Resources.

HB 1338 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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