By COOKSON BEECHER, Capital Press Staff Writer, June 12, 1998, The Captial Press
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OLYMPIA, Wash. - Farmers who have not yet filed claims for historic water use on their farms must do so by June 30 or run the risk of waiving or forever relinquishing the claimed water right. Ken Koch, water rights claims coordinator for the Department of Ecology, emphasized how important it is to meet this deadline. "If you don't file now, you'll be betting your livelihood and the livelihood of future generations," he said, pointing out that the Water Right Claims Registry might never be opened again. Historic water rights for such uses as irrigation and livestock watering are called "vested rights." The Water Right Claims Registry is where these vested rights are recorded. In signing the bill last year that re-opened the registry for a limited period of time, Gov. Gary Locke said: "It is my hope that this legislation wil clear up the murky past of water-rights claims and put an end to the confusion over who needed to file claims in the Water Rights Claims Registry." The Legislature's decision last year to open a new filing period for the claims registry was based on the recognition that some farmers in the state do not have valid water-right claims. In Whatcom County, for example, some industry representatives say at least half of the farmers lack official approval of water rights and claims they have relied on historically for irrigation and stock needs. Others in the state share this same problem. The re-opening last summer of the registry allows farmers and other historic water users to grandfather these vested rights in so they will be in a legal position to determine if they can continue to use the water. But under the same legislation that re-opened the registry, the registry will once again close at midnight, June 30, 1998. In explaining this complex issue, Koch said it's important to understand that water-right claims are not water rights, but rather claims based on historic water use. It's also important for property owners to understand that when their water basin is adjudicated - a process that will establish how much water is being used in a specific basin and who actually has legal water rights and who doesn't have them - those who have filed water-right claims will have to provide proof that the information they supplied when filing the claim is true. That includes the quantity of water claimed, because claims are only valid for the amount of water originally used. Property owners who have enlarged their operations and who are therefore using more water now for irrigation, for example, are only entitled to the amount of water used originally - unless a water permit for the additional water was obtained along the way. Koch said the registry has been opened several times in the past and that farmers have already had several opportunities to file claims. During this latest opening, 660 claims have been filed. But of those, many were rejected primarily because the dates of water use involved didn't conform to the dates set forth in the earlier pieces of legislation applying to ground and surface water. Previously, when the claims registry was open for four years between 1969 and 1974, 165,000 claims were filed. Unfortunately, many of them are not valid because the dates of historic use noted on them don't conform to water-right claims legislation. Koch explained that a statement on the bottom of the filing receipts issued during that round of claims states that the form is a receipt of payment only. He was quick to point out that the department doesn't want to put anyone out of business in this latest effort to establish water rights and water-right claims. "If you're using water without a permit, we want you to apply," he said. "If the water isn't there, our department will try to help find water for you." An example of that type of mitigation would be if a neighbor is no longer using water as established under a water-right claim or water right and then transferring that right to the person needing the water. But that, of course, would depend on whether there is enough water for such use in the water basin. |
Two previous legislative actions - the Surface Water Code of 1917 and the Ground Water Code of 1945 - establish the dates that apply to water-right claims. Here is a rundown of those dates and how they apply to the filing of ground and surface water-right claims. øGround water. The determining dates in cases of ground-water claims are based on when the well was drilled and when water from that well was first used. If water from the well was used on the property before June 7, 1945, then the property owner can file a claim. A sworn statement about the truth of the date of the first use of the water is part of the filing process. In most cases, the claim will be reviewed and accepted if the date fits the requirements of Ground Water Code. When the basin is adjudicated, however, that information will have to be backed up with some sort of proof. If, however, the first water use began after June 7, 1945, no claim can be filed - although the property owner may file for a water right. There is no deadline for water-right permit applications. øSurface water. Two dates, June 7, 1917, and 1932, are key here. In the case of "water appropriations," a term that applies to land irrigated from sources not on or bordering the property, property owners who can show that irrigation canals leading to their land were in place before June 7, 1917, may file a claim. If not, then no claim can be filed. But in the case of land homesteaded before 1917, historic "surface-water" use from such sources as a river, stream, spring or lake on or bordering the property could be developed up until 1932. If, however, that water use began in 1932 or later, no claim can be filed. But again, the property owner may apply for a water-right permit. Special points to consider
Because deadline is fast approaching, property owners are being advised to pick up information packets and forms at the nearest regional office. The department cannot guarantee delivery in time for the deadline.
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