H-0121.3 _______________________________________________
HOUSE BILL 1309
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives King, Orr, Scott, G. Cole, Basich, Lemmon, Morris, Jones, Rust, Holm, R. Meyers, Johanson, J. Kohl, Jacobsen and Leonard
Read first time 01/22/93. Referred to Committee on Fisheries & Wildlife.
AN ACT Relating to fish and wildlife management; amending RCW 90.03.360, 43.20.230, 43.21A.064, and 90.42.010; adding a new section to chapter 75.28 RCW; adding a new section to chapter 79.01 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.99E RCW; adding a new section to chapter 90.22 RCW; adding a new chapter to Title 28A RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that many wild stocks of salmonids in the state of Washington are in a state of decline. Stocks of salmon on the Columbia river have been listed under the federal endangered species act, and the bull trout has been petitioned for listing. Some scientists believe that numerous other stocks of salmonids in the Pacific Northwest are in decline or possibly extinct. The legislature declares that to lose wild stocks is detrimental to the genetic integrity of the fisheries resource and the economy, and will represent the loss of a vital component of Washington's aquatic ecosystems. The legislature further finds that there is a continuing loss of habitat for fish and wildlife. The legislature declares that steps must be taken in the areas of wildlife and fish habitat management, water conservation, wild salmonid stock protection, and education to prevent further losses of Washington's fish and wildlife heritage.
NEW SECTION. Sec. 2. By December 31, 1993, the departments of fisheries and wildlife jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of maintaining desired wild stock populations and production levels and commercial and recreational fishing opportunities.
NEW SECTION. Sec. 3. By December 31, 1993, the department of fisheries and the department of wildlife shall each, with input from the Indian tribes, report to the appropriate legislative committees on the feasibility of selective marking techniques that can be used to minimize impacts of fishing on wild or natural stocks of salmonids. The report shall address costs, benefits, and risks associated with marking.
NEW SECTION. Sec. 4. A new section is added to chapter 75.28 RCW to read as follows:
The department shall evaluate salmon fishing methods or gear types that have been developed by the commercial fishing industry for selective fishing of hatchery stocks in the mixed stock fishery and shall present results of the evaluation to the appropriate legislative committees by December 31, 1995. Beginning January 1, 1997, the director shall not renew commercial salmon fishing licenses for licensees that do not use fishing methods that allow selective fishing of hatchery stocks in the mixed stock fishery.
NEW SECTION. Sec. 5. The conservation commission shall appoint a technical advisory committee to develop recommended wildlife and fish habitat management standards that may be used in conjunction with land management activities in agriculture and range management. These standards shall be designed to restore sufficient habitat to preserve, protect, and perpetuate wildlife and fish. The technical advisory committee shall consist of representatives of interests including agriculture, academia, range management, utilities, Indian tribes, environmental groups, and the departments of wildlife, ecology, fisheries, and natural resources. The commission shall ensure completion of these habitat management standards by August 31, 1994, and shall report to the appropriate legislative committees by that date. The commission shall ensure that the standards are made available to the public.
NEW SECTION. Sec. 6. A new section is added to chapter 79.01 RCW to read as follows:
Beginning December 31, 1994, the commissioner of public lands shall manage department agricultural and grazing leases subject to application of the standards developed under section 5 of this act. Renewal of agricultural or grazing leases that expire before December 31, 1997, shall be subject to a contingency clause that conditions continuance of the lease after three years from the effective date of the lease on compliance with the standards developed under section 5 of this act.
NEW SECTION. Sec. 7. A new section is added to chapter 77.12 RCW to read as follows:
Beginning December 31, 1994, the director shall manage department agricultural and grazing leases subject to application of the standards developed under section 5 of this act. Renewal of agricultural or grazing leases that expire before December 31, 1997, shall be subject to a contingency clause that conditions continuance of the lease after three years from the effective date of the lease on compliance with the standards developed under section 5 of this act.
NEW SECTION. Sec. 8. Washington State University shall report to the appropriate legislative committees by December 31, 1993, on how to best integrate fish and wildlife considerations with the existing curriculum in the university's agriculture department and with the university cooperative extension service. The university shall also report on the feasibility and cost of creating a rotational assignment with the department of wildlife to accomplish cross-training in wildlife and fish habitat management and farm and grazing management.
Sec. 9. RCW 90.03.360 and 1989 c 348 s 6 are each amended to read as follows:
The owner or owners of any ditch or canal shall maintain, to the satisfaction of the department of ecology, substantial controlling works, and a measuring device at the point where the water is diverted, and these shall be so constructed and maintained as to permit accurate measurement and practical regulation of the flow of water diverted into said ditch or canal. Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir.
Metering of diversions or measurement by other
approved methods ((may)) shall be required as a condition for all
new and previously existing water right permits. The department ((may))
shall also require, as a condition for such permits, reports regarding
such metered diversions as to the amount of water being diverted. Such reports
shall be in a form prescribed by the department.
NEW SECTION. Sec. 10. A new section is added to chapter 43.99E RCW to read as follows:
The department of ecology shall require that agricultural water purveyors completing a conservation plan as part of an application for proceeds from the sale of bonds under RCW 43.99E.025 identify whether and how rate structures could provide an incentive to water users to conserve water.
Sec. 11. RCW 43.20.230 and 1989 c 348 s 12 are each amended to read as follows:
Consistent with the water resource planning
process of the department of ecology, the department of ((social and))
health ((services)) shall, contingent on the availability of funds:
(1) Develop procedures and guidelines relating
to water use efficiency, as defined in section 4(3) ((of this act)),
chapter 348, Laws of 1989, to be included in the development and approval
of cost-efficient water system plans required under RCW 43.20.050;
(2) Develop criteria, with input from technical
experts, with the objective of encouraging the cost-effective reuse of
greywater and other water recycling practices, consistent with protection of
public health and water quality; ((and))
(3) Provide advice and technical assistance upon request in the development of water use efficiency plans and model rate-setting formulas; and
(4) Develop alternative model rate-setting formulas for water conservation and provide these to public water purveyors.
Sec. 12. RCW 43.21A.064 and 1977 c 75 s 46 are each amended to read as follows:
The director of the department of ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;
(2) Insofar as may be necessary to assure
safety to life or property, he shall inspect the construction of all dams,
canals, ditches, irrigation systems, hydraulic power plants, and all other
works, systems, and plants pertaining to the use of water, and ((he)) the
director may require such necessary changes in the construction or
maintenance of said works, to be made from time to time, as will reasonably
secure safety to life and property;
(3) ((He shall)) To regulate and
control the diversion of water in accordance with the rights thereto;
(4) ((He shall)) To develop
alternative rate-setting formulas for water conservation and provide these to
irrigation districts;
(5) To determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;
(((5) He shall)) (6) To keep such
records as may be necessary for the recording of the financial transactions and
statistical data thereof, and shall procure all necessary documents, forms, and
blanks. ((He)) The director shall keep a seal of the office, and
all certificates by ((him)) the director covering any of his or
her acts or the acts of ((his)) the office, or the records
and files of ((his)) the office, under such seal, shall be taken
as evidence thereof in all courts;
(((6) He shall)) (7) To render
when required by the governor, a full written report of the work of ((his))
the office with such recommendations for legislation as he or she
may deem advisable for the better control and development of the water
resources of the state;
(((7) The director and)) (8) In
addition to duly authorized deputies, may administer oaths;
(((8) He shall)) (9) To establish
and promulgate rules governing the administration of chapter 90.03 RCW;
(((9) He shall)) (10) To perform
such other duties as may be prescribed by law.
NEW SECTION. Sec. 13. By December 31, 1993, the director of the department of ecology and the secretary of health shall recommend to the appropriate legislative committees whether there is a need for additional cost-share programs as incentives for water purveyors to adopt water conservation measures.
NEW SECTION. Sec. 14. By December 31, 1994, each of the following water purveyors of potable water or water for irrigation shall evaluate the feasibility of adopting and implementing water delivery rate structures that encourage water conservation:
(1) Public water systems operated by a city or town;
(2) Public utility districts;
(3) Water districts;
(4) Public water companies with more than one thousand service connections;
(5) Counties; and
(6) Irrigation districts.
Each water purveyor shall submit the evaluation and supporting documentation to the departments of ecology and health and to the appropriate committees of the legislature.
NEW SECTION. Sec. 15. A new section is added to chapter 90.22 RCW to read as follows:
By December 31, 1993, the department of ecology and the Indian tribes shall, in cooperation with the departments of fisheries and wildlife, establish a state-wide list of priorities for evaluation and implementation of minimum flows. In establishing these priorities, the department shall consider the achievement of wild salmonid production as its primary goal.
The priority list shall be presented to the appropriate legislative committees and to the water resources forum by December 31, 1993.
Sec. 16. RCW 90.42.010 and 1991 c 347 s 5 are each amended to read as follows:
(1) The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon. It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.
The purpose of this chapter is to provide the mechanism for accomplishing this in a manner that will not impair existing rights to water and to test the mechanism in two pilot planning areas designated pursuant to RCW 90.54.045(2) and in the water resource inventory areas designated under subsection (2) of this section.
(2) The department may designate up to four water resource inventory areas west of the crest of the Cascade mountains and up to four water resource inventory areas east of the crest of the Cascade mountains, as identified pursuant to chapter 90.54 RCW. The areas designated shall contain critical water supply problems and shall provide an opportunity to test and evaluate a variety of applications of RCW 90.42.010 through 90.42.090, including application to municipal, industrial, and agricultural use. The department shall seek advice from appropriate state agencies, Indian tribes, local governments, representatives of water right holders, and interested parties before identifying such water resource inventory areas.
(3) The department shall provide to the appropriate legislative committees by December 31, 1993, a written evaluation of the implementation of RCW 90.42.010 through 90.42.090 and recommendations for future application. Recommendations shall include methods of applying RCW 90.42.010 through 90.42.090 to the rivers that are designated as high priority by the department of ecology under section 15 of this act in order to use net water savings to enhance stream flows.
NEW SECTION. Sec. 17. The governor shall appoint a fish and wildlife education council, or use the existing governor's council on environmental education created in 1990 by executive order 90-06, to accomplish the following:
(1) Raise and distribute public and private funds for the purpose of providing environmental education programs, emphasizing the importance of species conservation and fish and wildlife as indicators of ecosystem health, and projects in fish and wildlife preservation and management to public and private elementary and secondary schools; and
(2) Support the interdisciplinary programs that integrate fish and wildlife preservation and management with other areas of environmental education.
NEW SECTION. Sec. 18. If a new fish and wildlife education council is appointed under section 17 of this act, it shall not commence its duties until:
(1) Legislation is enacted that makes specific moneys available for council activities, referencing this act by bill number, chapter number, or statute; or
(2) Moneys from private or public donors are made available for council activities.
NEW SECTION. Sec. 19. Sections 17 and 18 of this act shall constitute a new chapter in Title 28A RCW.
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