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ENGROSSED SUBSTITUTE HOUSE BILL NO. 323
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C 244 L 85
State of Washington 49th Legislature 1985 Regular Session
By House Committee on Environmental Affairs (originally sponsored by Representatives Belcher, Unsoeld, Allen, Rust, Dellwo, Locke, P. King, Jacobsen, Fisher, Brekke and Day)
Read first time 2/22/85 and passed to Committee on Rules.
AN ACT Relating to the Nisqually river system; creating new sections; and making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) The Nisqually river, its waters, and beds have been statutorily characterized for more than a decade as an area of state-wide significance by the people of the state;
(b) The river is a highly prized area of great natural beauty that extends through four biological zones of Washington state from the peak of Mount Rainier to the Nisqually Delta;
(c) The productive uses of the river may well be enhanced in terms of recreation, fish and wildlife habitat, forestry, agriculture, and other benefits associated with the basin if a carefully developed program of stewardship for the area is established;
(d) Notwithstanding existing governmental units' management programs, including those developed under the shoreline management act, an optimum management program designed to achieve maximum benefits for the public and the private landowning community for the use of this valuable natural river corridor has not been established;
(e) The Nisqually river corridor has been historically used for such productive uses as agriculture, education, forestry, hunting, fishing, mining, military maneuvers, irrigation, and electric power production.
(2) It is the purpose of this act to initiate a process that emphasizes the natural and economic values of this river of state-wide significance and that will bring about a stewardship program for the Nisqually river that will assure enhancement of economic and recreational benefits for this generation as well as those to come.
NEW SECTION. Sec. 2. (1) The department of ecology is directed to develop an overall management plan for the Nisqually river consistent with the findings and objectives of section 1 of this act. This plan shall set forth with reasonable specificity, the boundaries of the managed area, the management objectives for the various reaches of the river, the institutional arrangements for carrying out the plan, the moneys and funding sources for successful plan implementation and property owner compensation, and the economic impact on private property owners. If this plan requires private property owners to sell property they own, the property owners shall receive fair market value for their property interests. Taking of less than the fee interest shall be in accordance with RCW 84.34.200 through 84.34.240.
(2) In order to accomplish this task the department shall establish advisory committees to provide technical assistance and policy guidance. Membership on the advisory committees shall include but not be limited to persons representing the interests of federal, state, and local governmental entities, agriculture, forestry, the Nisqually Indian tribe, other property owners, and environmentalists.
NEW SECTION. Sec. 3. The department shall submit a report to the president of the senate and the speaker of the house of representatives not later than January 6, 1986. The report shall set forth a management plan as directed by section 2 of this act and any proposed legislation recommended or required to implement the plan. The plan shall not be implemented before adoption by the legislature, however, this section shall not prevent the department from performing duties and functions otherwise authorized by law.
NEW SECTION. Sec. 4. This act shall not limit the rights of private or public property owners without fair monetary compensation nor may this act require that private property owners sell their property for less than fair market value.
NEW SECTION. Sec. 5. There is appropriated from the general fund to the department of ecology for the biennium ending June 30, 1987, the sum of forty-two thousand five hundred sixteen dollars, or so much thereof as may be necessary, to carry out the purposes of this act.
NEW SECTION. Sec. 6. Sections 1 through 6 of this act shall not be codified.