BILL REQ. #:  Z-1007.2 

Read first time 01/30/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the Columbia river water delivery account; adding new sections to chapter 90.90 RCW; making appropriations; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.90 RCW to read as follows:
     (1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource management in the Columbia river basin. In its enactment, the legislature established that a key priority of water resource management in the Columbia river basin is the development of new water supplies to meet economic and community development needs concurrent with instream flow needs.
     (2) Consistent with this intent, the governor and the legislature are in agreement with the Confederated Tribes of the Colville Reservation and the Spokane Tribe of Indians to support additional releases of water from Lake Roosevelt. Because these tribal governments possess sovereign and proprietary interests in Lake Roosevelt and the bureau of reclamation's operation of Grand Coulee dam, the state intends to share a portion of the benefits derived from Lake Roosevelt water releases and to mitigate for any impacts such releases may have upon the tribes, their members, or their resources.
     (3) These new releases of Lake Roosevelt water will bolster the state economy and will meet the following critical needs: New surface water supplies for farmers to replace the use of diminishing groundwater in the Odessa aquifer; new water supplies for municipalities with pending water right applications; enhanced certainty for agricultural water users with water rights that are interruptible during times of drought; and water to increase flows in the river when salmon need it most.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.90 RCW to read as follows:
     (1) The Columbia river water delivery account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account consists of all moneys transferred or appropriated to the account by law. Funds appropriated from the account are provided for the purposes established in the agreements described in section 1 of this act and for the purposes in section 4 of this act.
     (2) On July 1, 2008, and each July 1st thereafter for the duration of the agreements described in section 1 of this act, the state treasurer shall transfer funds from the general fund into the Columbia river water delivery account in the amounts described in subsection (3) of this section.
     (3) On July 1, 2008, and each July 1st thereafter, the state treasurer shall distribute funds from the Columbia river water delivery account as follows:
     (a) To the Confederated Tribes of the Colville Reservation, on July 1, 2008, the sum of three million seven hundred seventy-five thousand dollars; and on July 1, 2009, the sum of three million six hundred twenty-five thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation based upon the implicit price deflator provided by the office of financial management.
     (b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of two million two hundred fifty thousand dollars. Each July 1st thereafter for the duration of the agreement, the treasurer shall distribute an amount equal to the previous year's distribution adjusted for inflation based upon the federal consumer price index.
     (4) The state treasurer may not distribute Columbia river water delivery account funds to a tribe pursuant to this section unless the director of ecology has certified in writing to the state treasurer that the agreement with the tribe is still in effect.

NEW SECTION.  Sec. 3   On July 1, 2008, the state treasurer shall transfer from the general fund to the Columbia river water delivery account the sum of two million one hundred fifty thousand dollars, or as much thereof as may be necessary, for the purposes established in section 4 of this act.

NEW SECTION.  Sec. 4   (1) The sum of two million dollars is appropriated for the fiscal year ending June 30, 2009, from the Columbia river water delivery account to the department of ecology, for distribution to local governments adjacent to Lake Roosevelt to mitigate for negative impacts caused by incremental releases of Lake Roosevelt water for the purposes described in section 1 of this act. The criteria for allocating these funds shall be developed by the department in consultation with affected local governments.
     (2) The sum of one hundred fifty thousand dollars is appropriated for the fiscal year ending June 30, 2009, from the Columbia river water delivery account to the department of ecology, to retain a contractor to perform an independent analysis of legislative options to protect rural communities in northeast Washington from disproportionate economic, agricultural, and environmental impacts when upstream water rights are purchased and transferred for use, or idled and used as mitigation, in a downstream watershed or county. Before retaining a contractor, the department shall consult with the Washington state association of counties. The contractor selected shall conduct the independent analysis and develop a report describing options and recommended actions. The department of ecology shall provide the report to the appropriate committees of the legislature by December 1, 2008.

NEW SECTION.  Sec. 5   This act takes effect July 1, 2008.