(1) A local water plan expires by its terms, by withdrawal of one or more water users to the local water plan, or upon agreement by all parties to the contact. Upon the expiration of a local water plan that has been operating for five or more years, the water users may request that the board and the department make the elements of the local water plan, including water deposited to the water bank for placement in the trust water rights program, permanent authorizations and conditions for use of the water rights.

     (2) The request under subsection (1) of this section must be evaluated based on whether:

     (a) The determination of the baseline water use adequately analyzed the extent and validity of the donated water right; and

     (b)(i) Whether there is injury or detriment to other existing water rights; or

     (ii) The written approval obtained from the holder of an impaired water right is continued or renewed.

     (3) If the board and the department approve the request under subsection (1) of this section, the department shall issue superseding water rights consistent with the management and uses of the water under the local water plan. That portion of the water rights deposited in the water bank for placement in the trust water rights program must be made permanent and transferred in accordance with chapter 90.42 RCW.

     (4) If the local water plan expires and the water management and uses under the local water plan are not granted approval to be permanent, the water users in the local water plan must thereafter exercise the water rights only as the water rights were authorized and conditioned prior to the local water plan, and all rights and duties that were terms in the local water plan lapse and are not valid or enforceable.

[2009 c 183 § 11.]

NOTES:

     Expiration date -- 2009 c 183: See note following RCW 90.92.010.