AN ACT Relating to water resources; amending RCW 90.54.010, 90.54.030, 90.54.040, and 90.54.050; amending section 704, chapter 6, Laws of 1987 1st ex. sess. (uncodified); reenacting and amending RCW 90.22.010; adding new sections to chapter 90.54 RCW; and declaring an emergency.

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

Sec. 1. Section 1, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.010 are each amended to read as follows:

The legislature finds that proper utilization of the water resources of this state is necessary to the promotion of public health and the economic well-being of the state and the preservation of its natural resources and aesthetic values. The legislature further finds that the availability of waters of the state is being evaluated by interests who desire to remove portions thereof from the state in a manner inconsistent with the public interest of the people of the state. ((It is the purpose of this chapter to set forth fundamentals of water resource policy for the state to insure that waters of the state are protected and fully utilized for the greatest benefit to the people of the state of Washington and, in relation thereto, to provide direction to the department of ecology and other state agencies and officials, in carrying out water and related resources programs.)) The legislature further finds that the legislature has the sole and paramount duty to determine and set forth the fundamentals of water resource policy for the state to ensure that waters of the state are protected and fully utilized for the greatest benefit to the people of the state of Washington. It is the purpose of this chapter to provide a process for the fundamental water resource policies, as established by the legislature, to be implemented by the department of ecology and other state agencies and officials.

NEW SECTION. Sec. 2. A new section is added to chapter 90.54 RCW to read as follows:

(1) The director of ecology shall make arrangements to contract with an independent mediation, conciliation, or fact-finding service for the purpose of facilitating negotiations between all user groups and parties interested in Washington's water resource policy. The parties to the negotiations shall represent, but not be limited to:

(a) Members from the state legislature;

(b) The departments of ecology, agriculture, social and health services, fisheries, wildlife, and natural resources;

(d) Agricultural interests;

(e) The governor's office;

(f) Environmental interests;

(g) Interests of industrial users of water;

(h) Indian tribes;

(i) Interests of public water utilities;

(j) Interests of recreational uses other than fishing;

(k) Public utilities; and

(l) Interests of sport and commercial fishing.

Parties to the negotiations shall be determined by the director except for representatives from the legislature, who shall be appointed by the speaker of the house of representatives and the president of the senate. Any interested group that wishes to participate in the negotiation process shall ask to be included prior to the commencement of the process. The department shall make a reasonable attempt to have all parties with an interest in Washington's water resource policy included in the negotiation process.

(2) The purpose of the mediated negotiations shall be to address and recommend to the legislature, for approval and adoption into law, the fundamentals of water resource policy for the state of Washington. The negotiation shall evaluate and recommend the procedures for allocating the water resources of the state considering the present and future demands on the use of those water resources. The negotiation shall further evaluate and recommend the public need to prioritize the use of the water resources of the state considering the existing rights to the water resources.

The negotiation shall consider the reports and recommendations of other state and federal studies pertaining to allocation, augmentation, conservation, and efficient use of the water resources of this state. By considering these studies, the parties to the negotiation shall not duplicate the work already completed in such studies.

(3) The parties who participate in the negotiation process are urged to reach a mutual agreement on or before December 15, 1988. The settlement shall include recommendations for revisions to existing laws to set forth the water policies of the state and shall also recommend revisions to existing law to give direction to the department of ecology and other agencies and officials in carrying out the fundamental water policies of the state as adopted by the legislature.

(4) The department of ecology shall prepare a report of the recommendations and agreements reached by the negotiation group. The report shall be submitted on or before December 31, 1988, to the joint select committee established pursuant to section 8 of this act.

(5) The current guidelines, standards, or criteria governing the instream flow and water allocation element of the state water resources program established pursuant to chapters 90.22 and 90.54 RCW shall not be amended or altered, nor shall any water reservation under RCW 90.54.050 or the preferred alternative identified in the instream resources and water allocation environmental impact statement be adopted, until July 1, 1989, or until the legislature has received and taken express action on the recommendations arising from the negotiation process, whichever occurs first.

(6) The department of ecology shall provide staff support in the negotiating process.

(7) Each state agency represented or participating in the negotiation process shall, to the extent of funds it has available, contribute to the cost of the independent mediation, conciliation, or fact-finding service.

Sec. 3. Section 3, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.030 are each amended to read as follows:

For the purpose of insuring that the department is fully advised in relation to the performance of the water resources program provided in RCW 90.54.040, and to provide information and support to the negotiation process established in section 2 of this 1988 act, the department is directed to become informed with regard to all phases of water and related resources of the state. To accomplish this objective the department shall:

(1) Collect, organize and catalog existing information and studies available to it from all sources, both public and private, pertaining to water and related resources of the state;

(2) Develop such additional data and studies pertaining to water and related resources as are necessary to accomplish the objectives of this chapter;

(3) Determine existing and foreseeable uses of, and needs for, such waters and related resources;

(4) Develop alternate courses of action to solve existing and foreseeable problems of water and related resources and include therein, to the extent feasible, the economic and social consequences of each such course, and the impact on the natural environment.

All the foregoing shall be included in a "water resources archive" established and maintained by the department. The department shall develop a system of cataloging, storing and retrieving the information and studies of the archive so that they may be made readily available to and effectively used not only by the department but by the public generally.

Sec. 4. Section 4, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.040 are each amended to read as follows:

(1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehensive state water resources program which will provide a process for making decisions on future water resource allocation and use. The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use.

The current guidelines, standards, or criteria governing the elements of the water resource program established pursuant to this subsection shall not be altered or amended after the effective date of this 1988 section, in accordance with section 2(5) of this 1988 act.

(2) In relation to the management and regulatory programs relating to water resources vested in it, the department is further directed to modify existing regulations and adopt new regulations, when needed and possible, to insure that existing regulatory programs are in accord with the water resource policy of this chapter and the program established in subsection (1) of this section. The current guidelines, standards, or criteria governing the department's implementation of this subsection shall not be altered or amended after the effective date of this 1988 section, in accordance with subsection (1) of this section.

(3) The department is directed to review all statutes relating to water resources which it is responsible for implementing. When any of the same appear to the department to be ambiguous, unclear, unworkable, unnecessary, or otherwise deficient, it shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of this chapter, and the department is unable to fully perform as provided in subsection (2) of this section, the department is directed to submit statutory modifications to the legislature which, if enacted, would allow the department to carry out such statutes in harmony with this chapter.

Sec. 5. Section 3, chapter 284, Laws of 1969 ex. sess. as amended by section 103, chapter 109, Laws of 1987 and by section 96, chapter 506, Laws of 1987 and RCW 90.22.010 are each reenacted and amended to read as follows:

The department of ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of ecology shall, when requested by the department of fisheries or the department of wildlife to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or if the department of ecology finds it necessary to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request or determination. Any request submitted by the department of fisheries or department of wildlife shall include a statement setting forth the need for establishing a minimum flow or level. When the department acts to preserve water quality, it shall include a similar statement with the proposed rule filed with the code reviser. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.

The current guidelines, standards, or criteria governing the instream flow programs established pursuant to this chapter shall not be altered or amended after the effective date of this 1988 section, in accordance with section 2(5) of this 1988 act.

Sec. 6. Section 5, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.050 are each amended to read as follows:

In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.04 RCW:

(1) Reserve and set aside waters for beneficial utilization in the future, and

(2) When sufficient information and data are lacking to allow for the making of sound decisions, withdraw various waters of the state from additional appropriations until such data and information are available.

Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located. The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties. Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW 34.04.070 or 34.04.080.

No new regulations or changes to existing regulations to reserve or set aside water may be adopted pursuant to this section, as provided in section 2(5) of this 1988 act.

Sec. 7. Section 704, chapter 6, Laws of 1987 1st ex. sess. (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF ECOLOGY

@lb

Emergency water project revolving account (88-2-004)

!tm4,2,2!tj1!tcReappropriation!tcAppropriation

!ixState Emerg Water Proj Rev !tj1!tc4,000,000!tc225,000

!tm1,1,1!tcProject!tcEstimated!tcEstimated

!tcCosts!tcCosts!tcTotal

!tcThrough!tc7/1/89!sc ,1and!tcCosts

!tc6/30/87!tcThereafter

!tj2!tc4,225,000

@la $200,000 of the emergency water project revolving account appropriation is provided to the department of ecology to provide staff support and to contract with an independent mediation, conciliation, or fact-finding service, as provided in this 1988 act, through December 31, 1988.

NEW SECTION. Sec. 8. A new section is added to chapter 90.54 RCW to read as follows:

(1) There is hereby created a joint select committee on water resource policy to address the recommendations reached by the negotiating process pursuant to section 2 of this act. The committee shall consist of twelve members appointed jointly by the speaker of the house of representatives and the president of the senate. The membership shall be equally divided from each major political caucus and shall, to the extent possible, represent all major water interests including, but not limited to, agriculture, fisheries, municipal, and hydroelectric.

(2) The staff support shall be provided by the senate committee services and the office of program research as mutually agreed by the chairmen of the joint select committee. The cochairmen shall be designated by the speaker of the house of representatives and the president of the senate.

NEW SECTION. Sec. 9. 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. 10. 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.