2629-S.E AMS AWR S4346.3

ESHB 2629 - S COMM AMD

By Committee on Agriculture & Water Resources

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 43.20.230 and 1989 c 348 s 12 are each amended to read as follows:

(1) Consistent with the water resource planning process of the department of ecology, the department of ((social and)) health ((services)) shall, contingent on the availability of funds:

    (((1))) (a) Develop procedures and guidelines relating to water use efficiency((, as defined in section 4(3) of this act,)) to be included in the development and approval of cost-efficient water system plans required under RCW 43.20.050;

    (((2))) (b) Develop criteria, with input from technical experts, with the objective of encouraging the cost-effective reuse of greywater and other water recycling practices, consistent with protection of public health and water quality; ((and

    (3))) (c) Provide advice and technical assistance upon request in the development of water use efficiency plans and model rate-setting formulas; and

(2) On or before December 31, 1992, the department of health shall develop, in consultation with public water system operators from various regions of the state, voluntary alternative model rate-setting formulas for water conservation and provide these to public water systems defined in RCW 70.119.020 that have one thousand service connections or more."

    "Sec. 2.  RCW 43.21A.064 and 1977 c 75 s 46 are each amended to read as follows:

    The director of the department of ecology shall have the following powers and duties:

    (1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;

    (2) Insofar as may be necessary to assure safety to life or property, he shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and ((he)) the director may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;

    (3) ((He)) The director shall regulate and control the diversion of water in accordance with the rights thereto;

    (4) ((He)) On or before December 31, 1992, the director shall, in consultation with the coordinating agency established in chapter 87.76 RCW, develop voluntary alternative rate-setting formulas for water conservation, develop a report which discusses the opportunities, limitations, and other considerations in adopting water conserving rate-setting formulas, and provide the formulas and report to irrigation districts with over five hundred service connections;

(5) The director shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;

    (((5) He)) (6) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks.  ((He)) The director shall keep a seal of the office, and all certificates by ((him)) the director covering any of his or her acts or the acts of ((his)) the office, or the records and files of ((his)) the office, under such seal, shall be taken as evidence thereof in all courts;

    (((6) He)) (7) The director shall render when required by the governor, a full written report of the work of ((his)) the office with such recommendations for legislation as he or she may deem advisable for the better control and development of the water resources of the state;

    (((7))) (8) The director and duly authorized deputies may administer oaths;

    (((8) He)) (9) The director shall establish and promulgate rules governing the administration of chapter 90.03 RCW;

    (((9) He)) (10) The director shall perform such other duties as may be prescribed by law."

    "NEW SECTION. Sec. 3.    (1) On or before October 1, 1993, each of the public water systems defined in RCW 70.119.020 that have one thousand service connections or more, and irrigation districts that have five hundred service connections or more, shall evaluate whether it is appropriate to adopt and implement water delivery rate structures that encourage water conservation.

    (2) Within ninety days of making the evaluation required by subsection (1) of this section, such public water systems shall submit the conclusions of the evaluation to the department of health.

    (3) Within ninety days of making the evaluation required by subsection (1) of this section, such irrigation districts shall submit the conclusions of the evaluation to the department of ecology."

    "NEW SECTION. Sec. 4.  A new section is added to chapter 90.54 RCW to read as follows:

    On or before December 31, 1992, the department of ecology shall, in consultation with the department of fisheries, department of wildlife, and other parties, establish a list of recommended priorities for evaluation of minimum flows, and establish fishery harvest escapement goals, in basins with declining stocks of wild salmonids.  The department shall, at a minimum, consider as possible priorities the rivers identified by the American Fisheries Society as containing stocks of wild salmonids that are declining.

    The recommended priorities established under this section shall be presented to the joint select committee on water resource policy."

    "Sec. 5.  RCW 90.42.010 and 1991 c 347 s 5 are each amended to read as follows:

    (1) The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs.  Further, the legislature finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon.  It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.

    The purpose of this chapter is to provide the mechanism for accomplishing this in a manner that will not impair existing rights to water and to test the mechanism in two pilot planning areas designated pursuant to RCW 90.54.045(2) and in the water resource inventory areas designated under subsection (2) of this section.

    (2) The department may designate up to four water resource inventory areas west of the crest of the Cascade mountains and up to four water resource inventory areas east of the crest of the Cascade mountains, as identified pursuant to chapter 90.54 RCW.  The areas designated shall contain critical water supply problems and shall provide an opportunity to test and evaluate a variety of applications of RCW 90.42.010 through 90.42.090, including application to municipal, industrial, and agricultural use.  The department shall seek advice from appropriate state agencies, Indian tribes, local governments, representatives of water right holders, and interested parties before identifying such water resource inventory areas.

    (3) The department shall provide to the appropriate legislative committees by December 31, 1993, a written evaluation of the implementation of RCW 90.42.010 through 90.42.090 and recommendations for future application.  Recommendations shall include methods of applying RCW 90.42.010 through 90.42.090 to the rivers that are designated as high priority by the department of ecology under section 4 of this act in order to use net water savings to achieve minimum flows."

    "NEW SECTION. Sec. 6.    The legislature finds that declarations by the federal government that species of anadromous fish are threatened or endangered can cause severe disruption to the economic health of the state and to a wide range of livelihoods of its citizens.  Significant economic and social impacts will be incurred by the listing of a few fish stocks for which petitions have already been filed with the federal government for listing certain species as threatened or endangered.

    The legislature finds that there are other species of anadromous fish in rivers and streams throughout the state in a depressed condition that have a significant potential to be petitioned for threatened or endangered status.  Several of the depressed runs are in watercourses that do not have either hydroelectric or water withdrawal projects situated on them.

    The legislature finds that the public has invested several hundred million dollars in the development and implementation of plans and has adopted wide-ranging regulations to protect and enhance habitat for anadromous fish and that these activities will in all likelihood continue.  However, the legislature finds that there are insufficient mechanisms in place to assure that the significant current and future investment of funds by the taxpaying and ratepaying public is protected from overfishing of weak stocks in the mixed stock fishery.  If an effective means is not found to protect weak stocks from the cumulative overharvest by various fish interests, the benefits of this current investment and future investments are in serious jeopardy.

    The legislature finds it to be the policy of the federal government that weak stocks be protected from being overharvested.  In observance of this policy, it is in the state's interest to develop a harvest management policy that protects and strengthens weak stocks of fish while maintaining the feasibility of a viable fishery on abundant stocks.

    The legislature finds that a study as provided in sections 7 through 9 of this act is necessary to develop harvest management strategies that protect and strengthen weak stocks while maintaining, to the maximum extent feasible, viable fisheries on abundant stocks of fish."

    "NEW SECTION. Sec. 7.    A committee shall be established to carry out a study on ways to improve harvest management to increase the returns of weak anadromous fish stocks.  The committee shall be known as the committee on harvest management of anadromous fish.  The committee, in consultation with other interested agencies, organizations, and the public, shall investigate and evaluate options of increasing the returns of adult spawners.  As used in this section, "anadromous fish" has the meaning provided in section 11 of this act.  The evaluation shall include but not be limited to the following:

    (1) Develop a policy for the harvest of anadromous fish in mixed stock fisheries, while protecting weak stocks;

    (2) Develop a policy to encourage harvest of anadromous fish in situations where stocks are segregated or otherwise identifiable and harvest of weak stocks is unlikely;

    (3) Develop a policy for attainment of escapement goals;

    (4) Review, evaluate, and augment the harvest management options recommended by the Northwest power planning council;

    (5) Evaluate alternative harvest management options for each fish harvest group that allow the achievement of the spawning goal with the minimum effect on the harvest of abundant stocks; and

    (6) Develop recommendations for any needed changes in laws, rules, policies, and programs to facilitate harvest management changes to increase the return of weak stock fish."

    "NEW SECTION. Sec. 8.    (1) The committee created in section 7 of this act shall consist of the following voting members:

    (a) Four members of the house of representatives, appointed by the speaker, two from each major political party;

    (b) Four members of the senate, appointed by the president of the senate, two from each major political party;

    (c) One individual representing the commercial fishing industry;

    (d) One individual representing sports fishing interests;

    (e) One individual representing the commercial charter boat industry;

    (f) One individual representing Indian tribes;

    (g) One member appointed by the governor to represent the department of fisheries;

    (h) One member appointed by the governor to represent the department of wildlife;

    (i) One individual representing hydro-based public electric utilities;

    (j) One individual representing forestry interests;

    (k) One individual representing irrigated agriculture;

    (l) One individual representing commercial water borne commerce;

    (m) One individual representing industries heavily dependent on electricity; and

    (n) One individual representing public water utilities who obtain water from surface waters.

    (2) The twelve individuals listed in subsection (1)(c) through (n) of this section who are not legislators shall be appointed by the speaker of the house of representatives and the president of the senate.  Whenever possible, each interest group listed in subsection (1)(c) through (n) of this section shall attempt to identify one nominee as an interest group representative.  Any nominations for appointments to fill positions on the committee listed in subsection (1)(c) through (n) of this section shall be submitted to either the chief clerk of the house of representatives or the secretary of the senate no later than fifteen calendar days after the effective date of this section.  From the nominations, the speaker of the house of representatives and the president of the senate shall appoint people from various regions of the state.  Appointments to the committee shall be completed within thirty calendar days after the effective date of this section.

    (3) Members of the committee shall serve without compensation.  A member representing a state agency shall be reimbursed, by his or her employing agency or office, for travel expenses in accordance with RCW 43.03.050 and 43.03.060.  Members of the committee who are members of the legislature shall be reimbursed as provided in chapter 44.04 RCW.  All other members of the committee may seek reimbursement from those interest groups which they represent.

    (4) At the initial meeting of the committee, the members of the committee shall elect a chair from among themselves.  The chair shall preside over the meetings of the committee.  The committee may organize itself into subcommittees as necessary to carry out the study described in section 7 of this act.

    (5) The committee shall hold public meetings to inform the public about the study, and to receive public comment on a draft report of its findings and recommendations.

    (6) The committee shall submit its recommendations in its final report.

    (7) The committee shall submit a written report of its findings and recommendations to the legislature no later than December 31, 1992.  State agencies shall seriously consider the recommendations developed by the committee that can be implemented without additional legislation.

    (8) The committee shall expire December 31, 1992."

    "NEW SECTION. Sec. 9.    The committee created in section 7 of this act shall be provided staff support by the senate and the house of representatives."

    "NEW SECTION. Sec. 10.  Sections 6 through 9 of this act shall expire June 30, 1993."

    "NEW SECTION. Sec. 11.  For the purposes of RCW 75.08.012 and 77.12.010, "anadromous fish" means those species of fish, commonly referred to as salmon and steelhead, that spend a portion of their life cycle in saltwater."

    "Sec. 12.  RCW 75.08.012 and 1983 1st ex.s. c 46 s 5 are each amended to read as follows:

    The department shall preserve, protect, perpetuate and manage the food fish and shellfish in state waters and offshore waters.

    The department shall conserve the food fish and shellfish resources in a manner that does not impair the resource.  In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state.  The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.  In carrying out this policy, the department shall regulate the harvest of anadromous fish, as defined in section 11 of this act, in such a way as to protect and strengthen weak stocks to meet escapement goals while maintaining to the maximum extent feasible a viable fishery on abundant stocks."

    "Sec. 13.  RCW 77.12.010 and 1985 c 438 s 1 are each amended to read as follows:

    Wildlife is the property of the state.  The department shall preserve, protect, and perpetuate wildlife.  The department shall regulate the harvest of anadromous fish, as defined in section 11 of this act, in such a way as to protect and strengthen weak stocks to meet escapement goals while maintaining to the maximum extent feasible a viable fishery on abundant stocks.  Game animals, game birds, and game fish may be taken only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the supply of wildlife.

    The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.  The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.

    Nothing contained herein shall be construed to infringe on the right of a private property owner to control the owner's private property."

    "NEW SECTION. Sec. 14.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

ESHB 2629 - S COMM AMD

By Committee on Agriculture & Water Resources

    On page 1, line 1 of the title, after "salmonids;" strike the remainder of the title and insert "amending RCW 43.20.230, 43.21A.064, 90.42.010, 75.08.012, and 77.12.010; adding a new section to chapter 90.54 RCW; creating new sections; providing an expiration date; and declaring an emergency."