FINAL BILL REPORT

SSB 5196

                              C 171 L 89

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Talmadge, Williams, Conner, Madsen, Gaspard, McMullen and Benitz; by request of Governor)

Regarding emergency drought relief.

Senate Committee on Agriculture

House Committe on Agriculture & Rural Development

Rereferred House Committee on Capital Facilities & Financing

SYNOPSIS AS ENACTED

BACKGROUND:

The state has experienced actual or possible drought years in 1977, 1987, and 1988.  In each of those years, legislation was enacted to provide temporary drought relief measures.  In 1988, the Legislature enacted SB 6513, which provided for the development of a drought contingency plan and drought relief activities, to be funded out of the emergency agricultural water supply funds.  Many believe that a permanent mechanism for addressing drought situations as they occur should be provided in statute to avoid the necessity of legislative action each time a drought is anticipated.

SUMMARY:

Emergency powers are provided to the Department of Ecology to take action in times of drought.  Drought condition is defined as a situation where an area has less than 75 percent of normal water supplies, and this water shortage is likely to create undue hardships for various water uses and users.

The department may adopt a regulatory order authorizing emergency actions when a drought condition exists or is forecast, after consultation with other federal and state agencies, and upon the approval of the Governor.  Emergency actions the department may take include:  authorizing emergency withdrawals of public surface and groundwater for specific periods of time; approving temporary changes in water rights permits which would not require publication of notice or compliance with the State Environmental Protection Act; employing additional persons for specific periods; revising the drought contingency plan; and acquiring drought-related equipment.

Emergency withdrawals of water are allowed only for existing activities through rights previously applicable to public waters, and at quantities that will not reduce flows below "essential minimums" required for fisheries or federal or state interests in power generation, navigation, and existing water rights.

The department is authorized to make loans, grants, or a combination thereof, from emergency agricultural water supply funds.  The funds may be used for nonagricultural purposes only if there are no other capital budget funds available, and only up to a total of 10 percent of funds available in a particular biennium.  The expenditure of drought funds is limited to only the time during which drought conditions exist.

The department is authorized to promulgate implementing rules.  Nothing in the act may interfere with existing water rights or establish permanent rights.

In determining whether drought conditions exist, the department needs to obtain written approval from the Governor.

VOTES ON FINAL PASSAGE:

     Senate   43    0

     House 96  0 (House amended)

     Senate   45    0 (Senate concurred)

EFFECTIVE:April 27, 1989