WRIA 62 WMP 032305 - Washington State Department of Ecology

March, 2005 -72- 023-1289-003.3040
The pros associated with increasing the “use-it or lose-it” time frame from five to twenty years were
identified by the Watershed Planning Unit as:
• Increasing this timeframe would make some WRIA 62 water rights valid that would be
considered invalid under a five year timeframe. These water rights could then be sold,
banked, leased or relinquished so that the water could be used beneficially.
• There could potentially be more certainty about available water.
• Other Watershed Planning Units in WA have made this recommendation in watershed
management plans.
The cons associated with increasing the “use-it or lose-it” time frame from five to twenty years were
identified by the Watershed Planning Unit as:
• This recommendation requires a change in the statute (Chapter 90.14 RCW) and would
therefore require considerable effort and support from the State Legislature.
• The change may serve as a disincentive for progressive water right users since a change
may “reward” those who have not put their water right to beneficial use.
• It would be more difficult for Ecology to administer water rights over a twenty year timeframe.
• The change may encourage water rights users to use water rather than conserve water.
• If an unused right is reactivated, it will diminish streamflow, potentially impairing senior
water rights and instream flows.
The Planning Unit agreed that there is a need to evaluate the recommendation (to increase the “use-it
or lose-it” time frame from five to twenty years) further during the Implementation Phase (Phase IV)
of Watershed Planning. In particular, the Planning Unit agreed to evaluate the impacts to senior
water rights holders that have put their water to beneficial use.
The Planning Unit also discussed the option of establishing a Water Conservancy Board as per
Chapter 173-153 WAC (Appendix F3). However due to the relatively few applications for water
rights changes (seven in March 2003), the Planning Unit did not consider this a priority for the Plan
and recommended instead that the Implementing Body evaluate this further and consider a regional
Water Conservancy Board. The Watershed Planning Unit recommends that the Implementing Body
contact Linda Kiefer, with Stevens County, regarding establishing a water conservancy board.
Additional supporting information on applying for and maintaining water rights (including water
banking and water trusts) and on water conservancy boards is included in Appendix J.
4.4.2 WR-2 Background and Rationale
Problem Statement: When future minimum instream flows are established, any new water
rights that are junior to the minimum instream flows may be restricted when minimum
instream flows are not met. There is a need to quantify water available for future allocation
and/or reservation.
The Planning Unit acknowledges that instream flow rules will be set at some time in the future for all
major tributaries in WRIA 62. The Planning Unit also recognizes that water supply that is continuous
throughout the year is needed to support population growth. Since instream flow rules have the
potential to curtail junior water rights at times of the year when the instream flow rule is not met, the
establishment of minimum instream flows was considered by the Planning Unit as having the
WRIA 62 WMP 032305