Water-rights law new tool against drought

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LACEY, Thurston County - The sun blazed in the nearly cloudless blue sky as Gov. Gary Locke signed a major water-rights bill into law yesterday.

Just another beautiful day in Washington - too beautiful.

The sunny weather that creates such great photo opportunities - the bill signing was at the Nisqually National Wildlife Refuge - is also causing the state's worst drought since 1977.

Locke and other state officials hope the water bill will help ease the drought's pain for both farmers and fish.

The new law aims to make it easier for people to change or transfer water rights. It went into effect immediately.

The state has a backlog of 7,000 applications for water-rights permits - farmers wanting to irrigate fields, public utilities trying to serve growing cities, industries trying to expand. Some have waited more than a decade.

About 1,800 people are waiting for simple water-rights transfers or changes. The new law creates a second line - an express line, as Locke called it - for these simple changes.

The law also lets people donate their water back to streams and rivers, without fear of losing their water rights.

For example, if a farmer gets some water this year but not enough to irrigate his fields, he may choose to donate to a "trust water right" or lease the water to the state - thus putting more water in a stream or river for fish.

Donating to trust water rights also will be tax-deductible.

Public utilities will get tax incentives, too, for conserving water.

"This gives us the tools to act on the drought and other fish issues in a fraction of the time," said Jim Waldo, head of Locke's water team.

The law will take money, about $15 million, to have the desired effect. The House budget includes funding for it, but it remains to be seen what the final budget will contain.

Locke and lawmakers from both parties say they're committed and optimistic.

"We have never funded water the way we are doing this year," said Rep. Gary Chandler, R-Moses Lake, who co-sponsored the bill.

Some environmental groups are unhappy with the measure, fearing it will lead to more water for farmers but less for fish.

Their biggest concern is the part of the new law that gives local water-conservancy boards the power to make decisions on water-permit changes and transfers.

The state will still have final say, although the Ecology Department will only have 45 days to modify the boards' decisions.

"We believe they are more easily influenced by special interests," said Josh Baldi of the Washington Environmental Council. "The question is, who looks out for the state's interests?"

But environmentalists didn't fight this, mostly because they want to work with the governor and the Legislature on future water bills.

Everyone agrees many tough issues remain.