H-3930              _______________________________________________

                                                   HOUSE BILL NO. 1730

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives K. Wilson, Jacobsen, Thomas, McMullen, Allen, Unsoeld, Cole and R. King

Read first time 1/22/86 and referred to Committee on Environmental Affairs.

AN ACT Relating to water resources; and adding new sections to chapter 90.54 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     (1) The legislature finds that the fresh flowing waters of the state contribute to Washington's unique quality of life and serve as a natural, complete ecosystem for the benefit of all.  State waters provide habitat for the natural production of salmon, steelhead trout, other fish and wildlife resources, and recreational benefits and serenity for residents and visitors to enjoy.  Waters impounded or diverted from streams and rivers assist in the growth and quality of life by contributing to economic development through power production and water for livestock, irrigation, municipal and industrial uses, and other uses.

          (2) It is the proper role of the state to promote the wise use, conservation, and nurturing of public water resources by establishing instream flows that meet current and anticipated water needs.  It is the state policy to conserve its water resources, protecting, and enhancing them whenever possible.

          (3) The efficient, equitable, and proper allocation of water resources requires cooperation among all users and an evaluation of needs that recognizes and anticipates all users' rights, including those established by treaty.

NEW SECTION. Sec. 2.     (1) The department of ecology shall immediately commence a study of the demands on competing uses of the state's water resources to assist in resolving conflicts associated with determining instream flows, and to evaluate the rules implementing the 1971 water resources act, chapter 90.54 RCW in light of recent supreme court decisions, international agreements, and the desire of the people to protect and enhance the natural environment.  In completing the study, the department shall involve members of the public interested in instream and offstream uses, government bodies, tribal representatives, and the ecological commission.  The study will be prepared with opportunities for public participation and provide for minority reports.  The final study report shall include any recommendations for legislation, rule changes, or new operating procedures that will assist in establishing instream flows meeting the public's needs.  The study will address, but is not limited to, the following areas:

          (a) Appropriate retention of fish habitat when establishing instream flows;

          (b) The role the maximum net benefit test, specified in RCW 90.54.020(2), should have in determining instream flow;

          (c) The relative priorities of instream and offstream needs;

          (d) The process and technical procedures for establishing instream flows;

          (e) The role of regional water planning in establishing instream flows;

          (f) How tribal water rights, whether based on federal reserved rights doctrine or treaty rights, affect instream flows;

          (g) How to include public participation and intangible values in the process; and

          (h) Preparation of definitions of terms that have either multiple or vague definitions.

          The deliberations shall fully consider the finite nature of water, providing an evaluation of the role conservation plays in offstream water use.  The department of ecology shall transmit a copy of this report to the committees on natural resources and agriculture of the house of representatives and senate no later than December 1, 1986.

          (2) Until ninety days after adjournment sine die of the legislative session commencing January 12, 1987, no new instream flows may be established by regulation pursuant to chapters 90.22 and 90.54 RCW, nor shall the department approve any application for a water right on streams that do not have established instream flows without prior approval by the department of fisheries and the department of game.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act are each added to chapter 90.54 RCW.