HOUSE BILL REPORT

HB 1291

BYRepresentatives Belcher, Brumsickle, Sayan, Wang, K. Wilson, Raiter, Dellwo, Bowman, Day, Rector, Nelson, Todd, Jacobsen and Sprenkle

Designating additional components of the scenic river system.

House Committe on Natural Resources & Parks

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives Belcher, Chair; K. Wilson, Vice Chair; Brumsickle, R. Fisher, Hargrove, Raiter and Sayan.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Beck, Ranking Republican Member; and Fuhrman.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES & PARKS

JANUARY 26, 1989

BACKGROUND:

The 1977 Legislature enacted the State Scenic River System program administered by the State Parks and Recreation Commission.  Included as scenic rivers were three segments of the Skykomish River; from the junction of the north and south forks downstream 14 miles to the Sultan River, upstream 20 miles on the south fork, and upstream 1 mile on the south fork; the Beckler River between the Rapid River and the south fork of the Skykomish River; and the Tye River from Tye Lake to the south fork of the Skykomish River.  Since 1977, no rivers have been added to the scenic river system.

The Legislature established criteria for considering a stream as a candidate for the scenic rivers program.  A candidate river should be free- flowing, without diversions hindering recreation; have a relatively unmodified streambank; have water of sufficient quality and quantity to warrant protection; have a relatively natural setting and adequate open space; have some land along its length already in public ownership or possibly available for public access and/or scenic easement; and benefit from a coordinated management plan along its length.

The Parks and Recreation Commission may only take limited unilateral action along a scenic river.  It may seek to purchase property or easements to preserve or enhance the river or facilitate use of the river for certain public purposes.  It may purchase public access.

The Commission may not use the power of eminent domain to make any purchase for scenic river purposes.  The existing law does not permit the Commission or any other government agency to restrict the use of private land without written consent of the landowner or the purchase of the certain property rights.  Similarly, Department of Natural Resources land may not be affected as the department exercises its duties as land manager.

To oversee the management of the scenic rivers program, a Committee of Participating Agencies is established.  Representatives of the Departments of Ecology, Fisheries, Wildlife, Natural Resources, and Transportation, the Parks and Recreation Commission, the Interagency Commission for Outdoor Recreation, plus representatives of the Washington State Association of Counties and the Washington State Association of Cities, and two public members serve on the committee.  As local rivers are considered for inclusion in the system, the appropriate local governments also serve.

The commission can adopt management plans for a river which are consistent with the local shoreline master plan.  The Committee of Participating Agencies must review and approve the plan.  Management plans may only affect public lands within a maximum of one-quarter mile of the river.  A provision allows for the exclusion of certain public property from the management plan.  Before adopting a management plan, the committee must hold local public hearings.

Once the commission adopts a management plan, local governments and state agencies shall pursue policies to conserve and enhance the condition of the river in accordance with the management plan.

SUMMARY:

SUBSTITUTE BILL:  The following river segments have been added to the state's scenic rivers program:  (1) The Carbon River from its headwaters to its confluence with the Puyallup River; (2) the Cispus River from its headwaters to a point 2.5 miles upstream from its confluence with the Cowlitz River; (3) the Green River from the Tacoma headworks to the intersection with Highway 18; (4) the Lewis River from its headwaters to its backwater at Swift Reservoir; (5) the Little Spokane River from its intersection with Rutter Parkway to its confluence with the Spokane River; and (6) both forks of the Washougal River from their headwaters to the confluence with the Columbia River.

The date by which the boundaries of the river areas must be determined is set as two years after legislative designation.

State and local governments may not impose any additional regulations on private lands solely because of the designation of the river into the state scenic river system.  No aspect of the act may be construed to affect permanent water rights obtained prior to the effective date of any designation.

If the governor seeks to have a river in the state scenic river system added to the federal wild and scenic rivers program, two assurances must first be obtained from the Secretary of Interior.  First, the secretary must make a binding commitment to the governor that no private property or any portion of a property right will be acquired by condemnation.  Second, the secretary must make a binding commitment that no state water allocation will be affected as a result of the federal designation.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute version contains additional language indicating that private property will not be affected by a river's inclusion into the state scenic river system.  Permanent water rights existing at the time of designation will not be affected by a river's designation.  The boundaries of the Cispus, Washougal, Green, and Little Spokane rivers are more precisely defined. Because of the use of the Green River as a municipal water supply, provisions are made for additional local participation on the management plan development, and reference is made to the protection of existing water rights.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Cleve Pinnix, Steve Starland, State Parks and Recreation Commission; Roger Harpell, citizen; John Thompson, citizen; Barry Jenkins, Trout Unlimited.

House Committee - Testified Against:      Ted Cowan, Washington Rivers Coalition; Mary Harris, Landowners Association.

House Committee - Testimony For:    In the past two years, the state has systematically evaluated 56 rivers as candidates for the state scenic river system.  These represent the six best rivers.  When a management plan is prepared for any river, it will be developed with local participation, apply only to public lands, assist local governments in solving problems on the river, and not override the local Shoreline Master Plans.

Membership of the Committee of Participating Agencies should be broadened to include industry and conservation representatives.

House Committee - Testimony Against:      Designation as a scenic river means the governor can transfer the river to the federal system, with the threat of condemning private property.  Landowners in the lower portion of the Carbon River oppose its inclusion, as it might impact their property adversely.