(1)
Notwithstanding any time restrictions imposed by the provisions
of chapter 90.14 RCW, a person may file a claim pursuant to RCW 90.14.041 if such person obtains a certification from the
pollution control hearings board as provided in this section.
(2) A certification shall be issued by the pollution control
hearings board if, upon petition to the board, it is shown to the
satisfaction of the board that:
(a) Waters of the state have been applied to beneficial use
continuously (with no period of nonuse exceeding five consecutive
years) in the case of surface water beginning not later than June
7, 1917, and in the case of groundwater beginning not later than
June 7, 1945, or
(b) Waters of the state have been applied to beneficial use
continuously (with no period of nonuse exceeding five consecutive
years) from the date of entry of a court decree confirming a
water right and any failure to register a claim resulted from a
reasonable misinterpretation of the requirements as they related
to such court decreed rights.
(3) The board shall have jurisdiction to accept petitions
for certification from any person through September 1, 1985, and
not thereafter.
(4) A petition for certification shall include complete
information on the claim pursuant to RCW 90.14.051 (1) through
(8), and any such information as the board may require.
(5) The department of ecology is directed to accept for
filing any claim certified by the board as provided in subsection
(2) of this section. The department of ecology, upon request of
the board, may provide assistance to the board pertinent to any
certification petition.
(6) A certification by the pollution control hearings board
or a filing with the department of ecology of a claim under this
section shall not constitute a determination or confirmation that
a water right exists.
(7) The provisions of RCW 90.14.071 shall have no
applicability to certified claims filed pursuant to this section.
(8) This section shall have no applicability to groundwaters
resulting from the operations of reclamation projects.
[1985 c 435 § 1; 1979 ex.s. c 216 § 4.]
NOTES:
Effective date -- Severability -- 1979 ex.s. c 216: See notes following RCW 90.03.245.