AN ACT Relating to water resources; amending RCW 90.54.010, 90.54.030, and 90.54.040; reenacting and amending RCW 90.22.010; and adding a new section to chapter 90.54 RCW.

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) A committee shall be formed 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 committee shall evaluate and assess the extent of the water resources of the state and the present and future demands on the use of those water resources. The committee shall further evaluate and determine the public needs and the priorities of the use of the water resources of the state considering the existing rights to the water resources.

(2) The committee 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 committee shall not duplicate the work already completed in such studies.

(3) The committee shall consist of:

(a) Four members from the state legislature; specifically, one member from the majority party and one member from the minority party of the senate, and one member from the majority party and one member from the minority party of the house of representatives;

(b) Six individuals, one representing each of the following departments: Ecology, agriculture, social and health services, fisheries, wildlife, and natural resources;

(d) One individual representing agricultural interests;

(e) One individual representing the governor's office;

(f) One individual representing environmental interests;

(g) One individual representing the interests of the industrial use of water;

(h) One individual representing Indian tribes; and

(i) One individual representing the interests of public water utilities.

Members of the committee shall be appointed by the governor except for representatives from the legislature, who shall be appointed by the speaker of the house of representatives and the president of the senate.

(4) The committee shall submit a written report of its recommendations to the legislature on or before January 1, 1990. The report 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.

(5) The water and related resource programs including those provided in chapter 90.22 RCW and RCW 90.54.040 (1) and (2) shall not be implemented or set forth by rule or regulation until such time that the legislature has received and taken express action on the recommendations of the committee.

(6) The department of ecology shall provide staff support to the committee.

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 committee 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.

No new segments may be adopted and no changes to existing segments may be made after the effective date of this 1988 section.

(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 department shall have no further authority under this subsection 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.

No new minimum water flows and levels may be adopted and no changes to existing minimum water flows and levels may be made after the effective date of this 1988 section.