S-2105               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5729

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Parks & Ecology (originally sponsored by Senators Bluechel, Bender, Kreidler and Vognild)

Read first time 2/26/87.

AN ACT Relating to the Milwaukee Road; and amending RCW 43.51.405, 79.08.275, and 43.51.409.

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

        Sec. 1.  Section 2, chapter 174, Laws of 1984 and RCW 43.51.405 are each amended to read as follows:

          Management control of the portion of the Milwaukee Road corridor, beginning at the western terminus near Easton and concluding at a point 2200 feet easterly of the ((western end)) east end of the ((tunnel)) bridge structure over the Columbia river, which point is located in ((the southeast corner of)) section ((20)) 34, township ((19)) 16 north, range ((17)) 23 east, W.M., ((approximately twenty-five miles east of the western terminus,)) inclusive of the northerly spur line therefrom, shall be transferred by the department of natural resources to the state parks and recreation commission at no cost to the commission.

        Sec. 2.  Section 6, chapter 174, Laws of 1984 and RCW 79.08.275 are each amended to read as follows:

          The portion of the Milwaukee Road corridor from a point 2200 feet easterly of the ((western end)) east end of the ((tunnel)) bridge structure over the Columbia river, which point is located in ((the southeast corner of)) section ((20)) 34, township ((19)) 16 north, range ((17)) 23 east, W.M., ((approximately twenty-five miles east of the western terminus,)) to the Idaho border purchased by the state shall be under the management and control of the department of natural resources.

        Sec. 3.  Section 4, chapter 174, Laws of 1984 and RCW 43.51.409 are each amended to read as follows:

          The state parks and recreation commission may do the following with respect to the portion of the Milwaukee Road corridor under its control:

          (1) Enter into agreements to allow the realignment or modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;

          (2) Regulate activities and restrict uses, including, but not limited to, closing portions of the corridor to reduce fire danger or protect public safety;

          (3) Place hazard warning signs and close hazardous structures;

          (4) Renegotiate deed restrictions upon agreement with affected parties; ((and))

          (5) Approve and process the sale or exchange of lands or easements if such a sale or exchange will not adversely affect the recreational potential of the corridor; and

(6) Manage the portion of the Milwaukee Road corridor lying between the eastern corporate limits of the city of Ellensburg and the eastern end of the corridor under commission control for recreational access limited to holders of permits issued by the commission.  The commission shall, for the purpose of issuing permits for corridor use, adopt rules necessary for the orderly and safe use of the corridor and the protection of adjoining landowners, which may include restrictions on the total numbers of permits issued, numbers in a permitted group, and periods during which the corridor is available for permitted users.  The commission may increase recreational management of this portion of the corridor and eliminate the permit system as it determines in its discretion based upon available funding and other resources.