S-2147               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3894

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senators Owen, Pullen, Warnke, Metcalf and Kreidler)

Read first time 3/8/85.

AN ACT Relating to water and watersheds; amending RCW 70.54.010 and 35.88.020; adding a new section to chapter 70.54 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.54 RCW to read as follows:

          (1) Any municipal corporation, county, or state agency responsible for the lands and waters of any watershed, the waters of which are for domestic use, shall jointly develop a multiple use plan which addresses and resolves the issues of public access, access corridors, and recreation on and through lands owned or managed by such entities so as to maximize recreational use of public lands within such watershed.

          (2) The multiple use plans adopted under this section shall be coordinated with the county in which the watershed is located.  The individual watershed multiple use plans shall be adopted by the domestic water purveyor, the county, and the state agency responsible for the land and water within the watershed and shall be submitted by June 30, 1987, to the state interagency committee for outdoor recreation for approval.

NEW SECTION. Sec. 2.     Nothing in section 1 of this act shall be construed to impair any legal or equitable rights pertaining to the private ownership of real property.

        Sec. 3.  Section 290, chapter 249, Laws of 1909 and RCW 70.54.010 are each amended to read as follows:

          Every person who, contrary to the plans adopted under section 1 of this 1985 act or otherwise, shall deposit or suffer to be deposited in any spring, well, stream, river ((or)), lake, or reservoir, the water of which is or may be used for drinking purposes, or on any property owned, leased or otherwise controlled by any state agency, municipal corporation, corporation, or person as a watershed or drainage basin for a public or private water system, any matter or thing whatever, dangerous or deleterious to health, or any matter or thing which may or could pollute the waters of such spring, well, stream, river, lake or water system, shall be guilty of a gross misdemeanor.

        Sec. 4.  Section 35.88.020, chapter 7, Laws of 1965 and RCW 35.88.020 are each amended to read as follows:

          Every city and town may by ordinance prescribe what acts shall constitute offenses against the purity of its water supply and the punishment or penalties therefor and enforce them.  Such ordinances shall be consistent with multiple use plans developed pursuant to chapter 70.54 RCW.  The mayor of each city and town may appoint special policemen, with such compensation as the city or town may fix, who shall, after taking oath, have the powers of constables, and who may arrest with or without warrant any person committing, within the territory over which any city or town is given jurisdiction by this chapter, any offense declared by law or by ordinance, against the purity of the water supply, or which violate any rule or regulation lawfully promulgated by the state board of health for the protection of the purity of such water supply.  Every special policeman whose appointment is authorized herein may take any person arrested for any such offense or violation before any court having jurisdiction thereof to be proceeded with according to law.  Every such special policeman shall, when on duty wear in plain view a badge or shield bearing the words "special police" and the name of the city or town by which he has been appointed.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.