Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Natural Resources Committee

HB 2591

Brief Description:  Freeing counties from costs of roads over aquatic lands.

Sponsors:  Representatives Hatfield and Doumit.

Brief Summary of Bill

$Prohibits the Department of Natural Resources from charging counties for the construction of roads or bridges over state‑owned aquatic lands.

Hearing Date:  1/29/02

Staff:  Jason Callahan (786‑7117).

Background:

The Washington State Constitution declares that the beds and shores of all navigable waters in Washington are owned by the state.  The Legislature subsequently designated the Department of Natural Resources (DNR) as the steward of these lands.  The DNR acts as a proprietor, subject to legislative direction, of all state‑owned aquatic lands and holds these lands in trust for all current and future residents of the state.  The DNR may charge for a lease for use of the state's aquatic lands. 

Currently, the DNR is authorized by statute to grant right‑of‑ways over the aquatic lands of the state for limited purposes.  These purposes include the construction of a road, bridge, or trestle by a city, county, or railroad and the siting of a utility pipeline or a transmission line.  Before the DNR may grant a right‑of‑way, it must first assure payment for the use of the aquatic land and for any damages caused by the right‑of‑way to the affected aquatic land.

Summary of Bill:

The Department of Natural Resources may not charge counties for the use of a right‑of‑way or for damages caused to the affected aquatic lands if they are granted a right‑of‑way for the location, establishment, or construction of a road, street, bridge, or trestle over or across aquatic lands, harbor areas, or a state‑owned wharf.

Appropriation:  None.

Fiscal Note:  Preliminary fiscal note available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.