HB 3205

Abstract

Requires that state and commercial water bottler enter into agreement for sharing gross amount received from sale of water prior to state agency transferring interest in real property having appurtenant water right to bottler or prior to Water Resources Department issuing water right to bottler for certain waters formerly reserved, conserved or withdrawn from appropriation. Prohibits issuing commercial water bottler right to use water formerly reserved for in-stream use. Prohibits exchange of in-stream use of water to benefit commercial water bottler. Provides that commercial water bottler's use of water in violation of requirements or prohibition is not beneficial use for purposes of water right forfeiture statutes. Creates rebuttable presumption that transfer of property interest or issuance of water right for formerly reserved or withdrawn water was subject to agreement requirement if commercial water bottler is allowed use of water less than one year after property interest transfer or issuance of water right. Creates rebuttable presumption that in-stream water right was issued or exchanged in violation of prohibition if commercial water bottler is allowed use of water less than one year after issuance or less than one year after first injury resulting from exchange.