S-1016               _______________________________________________

                                                   SENATE BILL NO. 3894

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Owen, Pullen, Warnke, Metcalf and Kreidler

Read first time 2/8/85 and referred to Committee on Natural Resources.

AN ACT Relating to water and watersheds; amending RCW 70.54.010; adding new sections to chapter 70.54 RCW; creating a new section; repealing RCW 35.88.010 and 35.88.020; and declaring an emergency.

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 or state agency responsible for the lands and waters of any watershed, the waters of which are used for human consumption, shall keep the lands and waters open for outdoor recreational use.  However, fishing, boating, bathing, or wading is prohibited in any public water supply reservoir, spring, lake, or stream or in any streams tributary to such bodies of water within two miles from the water works intake and point of diversion of the waters into the public water supply's distribution system.

          (2) Municipal corporations and counties shall develop multiple use plans for the use of the watersheds.  The plans shall be submitted to the department of natural resources and the department of ecology for approval.

          (3) This section does not apply to watersheds owned entirely by a municipal corporation.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.54 RCW to read as follows:

          If the water quality does not meet the applicable standards, the department of social and health services may require a municipal corporation to immediately construct a filtration system for the watershed unless the municipal corporation or county can show alternative means of maintaining the water quality.

NEW SECTION. Sec. 3.     Nothing in section 1, 2, or 4 of this act shall be construed to impair any legal or equitable rights pertaining to the private ownership of real property.

NEW SECTION. Sec. 4.  A new section is added to chapter 70.54 RCW to read as follows:

          The department of ecology shall adopt rules, under chapter 34.04 RCW, to assure public use of and access to the watershed lands and waters for recreational use consistent with the protection and preservation of the quality, purity, potability, and domestic and other uses of the water.  The rules shall be distributed to every municipal corporation or state agency maintaining a public water system or using or controlling all or part of a watershed or drainage basin.

        Sec. 5.  Section 290, chapter 249, Laws of 1909 and RCW 70.54.010 are each amended to read as follows:

          Every person who fishes, boats, baths, or wades in waters where fishing, boating, bathing, or wading is prohibited or who, contrary to the rules adopted under section 4 of this 1985 act or otherwise, shall deposit or suffer to be deposited in any spring, well, stream, river ((or)), lake, or other body of water, 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.

NEW SECTION. Sec. 6.  The following acts or parts of acts are each repealed:

                   (1) Section 35.88.010, chapter 7, Laws of 1965 and RCW 35.88.010; and

          (2) Section 35.88.020, chapter 7, Laws of 1965 and RCW 35.88.020.

NEW SECTION. Sec. 7.     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.

NEW SECTION. Sec. 8.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.