H-1970

AN ACT Relating to comprehensive river management; adding a new section to chapter 43.21A RCW; adding a new chapter to Title 43 RCW; repealing RCW 79.72.010, 79.72.020, 79.72.030, 79.72.040, 79.72.050, 79.72.060, 79.72.070, 79.72.080, 79.72.090, 79.72.100, and 79.72.900; and making an appropriation.

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

NEW SECTION. Sec. 1. INTENT. The legislature finds that (1) the rivers of the state are a great economic, cultural, and recreational resource; (2) these rivers are facing increasing pressure and conflicts from growth and a multitude of uses and activities both within the river and its drainage; and (3) the resolution of these pressures and conflicts should be based upon a collaborative planning process rather than adding to the regulatory burden of landowners. Therefore, it is the intent of the legislature to establish a program that will encourage a collaborative process bringing together users, landowners, local governments, and state government to develop a long-range plan for the management and preservation of the state's rivers and the various uses made of those rivers. Furthermore, it is the intent of the legislature that this program should provide to the greatest extent possible for the development of plans and management of river systems at the local level.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Commission" means the state parks and recreation commission created under RCW 43.51.020.

(2) "Director" means the director of the commission appointed under RCW 43.51.060.

(3) "Local governments" means municipal corporations, quasi-municipal corporations, counties, and tribes.

(4) "Model rivers" means rivers or river areas designated under section 8 of this act.

(5) "Protected rivers" means rivers or river areas designated under section 5 or 6 of this act.

(6) "River area" means a river and land surrounding the river as defined by a protected or model river management plan developed under section 5, 6, or 8 of this act.

NEW SECTION. Sec. 3. MODEL RIVERS PROGRAM. (1) There is created within the parks and recreation commission the model rivers program. The purpose of the program is to:

(a) Promote river management programs that enhance a river's natural or inherent qualities;

(b) Enhance the economic, recreational, cultural, and natural uses that rivers provide to the citizens of Washington state;

(d) Protect the best interests of private landowners while maintaining the health of the river;

(e) Encourage citizen and government stewardship of rivers to care for and monitor river resources;

(f) Encourage the use and coordination of existing statutes and agency programs rather than create new programs or rules;

(g) Assist local governments to preserve and enhance their river areas; and

(h) Rehabilitate rivers that do not meet water quality standards.

(2) The commission shall:

(a) Monitor the management of protected rivers, model rivers, degraded rivers, and rivers that receive technical assistance;

(b) Provide assistance in development of management plans for protected rivers and model rivers;

(c) Notify and work with local interests, local governments, and appropriate state agencies to determine the appropriate management plans for protected rivers; and

(d) Report to the legislature by January 1st of odd-numbered years on the commission's activities under this chapter and the status of rivers in the state.

NEW SECTION. Sec. 4. PROTECTED RIVERS. (1) The commission shall prepare a list of rivers eligible for designation as protected rivers. Rivers eligible for such designation shall be limited to:

(a) Rivers designated as off-limits in the state hydroelectric power resource protection plan; and

(b) The eighteen candidate rivers listed in the 1988 state parks scenic rivers assessment.

(2) A river may be included on the list under subsection (1) of this section only if the commission finds that the following conditions exist:

(a) The river or the portion of the river to be designated is free flowing;

(b) The river has exceptional natural, scenic, historic, ecological, cultural, or recreational features;

(d) The river is relatively unmodified by riprapping and other stream bank intrusions;

(e) There is water of sufficient quality and quantity to warrant protected river designation;

(f) The river is in a relatively natural condition with adequate open space; and

(g) The river has publicly owned land along its length.

(3) When a river is listed under subsection (1) of this section, the director or the director's designee shall:

(a) Notify the appropriate local governments of the listing;

(b) Explain the significance of the eligibility for designation; and

NEW SECTION. Sec. 5. PROTECTED RIVERS‑-LOCAL MANAGEMENT PLAN. (1) A local government or a group of local governments may elect to develop a local management plan for a river or a portion of a river that is (a) within its jurisdiction and (b) listed under section 4(1) of this act. The local government or group of local governments shall appoint a river council under section 9 of this act to assist in the development, implementation, and review of the management plan. Management plans developed under this section shall satisfy the requirements of section 7 of this act.

(2) Upon completion, the local management plan shall be submitted to the commission for adoption or rejection. No plan may be adopted unless the commission finds that the plan is consistent with the requirements of section 7 of this act. If rejected, the commission shall notify the local government or group of local governments of any action required in order to gain approval. Upon approval of the plan, the commission shall request that the legislature designate the river as a locally managed protected river.

NEW SECTION. Sec. 6. PROTECTED RIVERS‑-STATE MANAGEMENT PLAN. (1) The commission may develop and adopt a state management plan for any river or a portion of a river listed under section 4(1) of this act for which (a) no local management plan has been developed under section 5 of this act or (b) a local management plan developed under section 5 of this act has been disapproved. If the commission elects to develop a management plan, the commission shall appoint a river council under section 9 of this act to assist in the development, implementation, and review of the management plan. Management plans developed under this section shall satisfy the requirements of section 7 of this act.

(2) Upon completion of the plan by the commission, the commission shall request that the legislature designate the river as a state-managed protected river.

NEW SECTION. Sec. 7. PROTECTED RIVER MANAGEMENT PLANS. (1) A protected river management plan shall consist of an initial assessment and, based upon the results of the assessment, the development of management goals and objectives. The initial assessment shall consist of:

(a) An inventory of the river's natural resources including but not limited to, fisheries, wildlife, forestry, recreation, historical, and cultural resources; and

(b) An evaluation of existing and potential land uses, existing plans that affect activity along the river, public use, and methods for protection of private property rights.

(2) The commission shall establish the criteria and components of protected river management plans developed under sections 5 and 6 of this act. These criteria shall include, but not be limited to:

(a) Maintenance of stream flows that protect the outstanding recreational, natural, and cultural values of the river;

(b) Protection of water quality;

(c) Management of the river by selective use of riprapping and other stream bank protection to protect existing structures;

(d) Maintenance of a relatively natural setting and adequate open space on public lands within the area subject to the management plan;

(e) Prohibiting dams or impoundments that would degrade the river's natural qualities;

(f) Protecting the interests of landowners while maintaining the health of the river; and

(g) Identification of the river area that is subject to the management plan.

NEW SECTION. Sec. 8. MODEL RIVER DESIGNATION. (1) The goal of the model river designation is to maintain or improve river quality on multiple use rivers by evaluating and assessing existing and potential uses along the river area, and developing a model river management plan for the river. Uses of a model river may include hydropower, agriculture, fishing, wildlife, recreation, culture, forestry, and public safety.

(2) A local government or a group of local governments with jurisdiction in the vicinity of the river may petition the commission to have a river designated as a model river. Such a petition may include a request for matching funds to finance the development of a model river management plan under this section. A petitioner, submitting a petition under this section, shall:

(a) Demonstrate a firm interest in developing a management plan;

(b) Agree to establish goals and objectives to achieve multiple use protection of the river;

(d) Agree, if funding is being requested, to provide or secure a minimum of fifty percent matching funds for the development of a management plan.

(3) The commission shall review and prioritize petitions submitted under subsection (2) of this section on the basis of the following criteria:

(a) The extent to which the river possesses natural, cultural, recreational, or economic value of regional or state-wide significance;

(b) The extent to which the river is in need of a management plan to balance competing demands on the river;

(d) The extent to which the petitioners have considered and are likely to achieve their goals; and

(e) The availability of funding.

The commission may award matching funds to the petitioner for the development of a model river management plan based upon the priorities established under this subsection. Funds may be awarded only if the petitioner guarantees to provide a minimum of fifty percent matching funds.

(4) The petitioner shall appoint a river council under section 9 of this act to assist in the development, implementation, and review of the management plan. The commission shall provide technical assistance to the extent possible.

(5) The river council appointed under subsection (4) of this section shall establish:

(a) The river area subject to the management plan; and

(b) The criteria and components of the river management plan consistent with the purposes of this section.

(6) A model river management plan shall consist of an initial assessment and, based upon the results of the assessment, management goals, and objectives. The initial assessment shall consist of:

(a) An inventory of the river's natural resources including but not limited to, fisheries, wildlife, forestry, recreation, historical, and cultural resources; and

(b) An evaluation of existing and potential land uses, existing plans that affect activity along the river, public use, and methods for protection of private property rights.

(7) Upon completion, the model river management plan shall be submitted to the commission for adoption or rejection.

The commission may reject a plan only if it finds that the plan is not consistent with the purposes of this chapter by maintaining or improving the quality of the river while providing for coordinated, multiple use of the river area.

If rejected, the commission shall notify the petitioner of any action required in order to gain approval. Upon adoption of the management plan, the commission shall designate the river as a model river.

NEW SECTION. Sec. 9. RIVER COUNCILS. (1) There may be only one river council appointed in association with any single management plan developed under section 5, 6, or 8 of this act.

(2) A river council shall be broadly representative of all interests associated with the river including, but not limited to: Landowners, recreational and environmental interest groups, business, local governments, and state agencies. The duties of a river council shall include assisting in the development, implementation, and review of the management plan.

NEW SECTION. Sec. 10. TECHNICAL COMMITTEES. The commission may appoint technical committees to assist in implementation of this chapter. When establishing technical committees the commission shall ensure that appropriate public and private interests are represented. The technical committees shall meet at the times and places determined by the director.

NEW SECTION. Sec. 11. RIVERS ASSISTANCE COMPONENT. Local governments with a single critical issue or multiple issues along the river that do not require model river management plans may petition the commission for assistance. If, after a preliminary evaluation of the issue or issues, the commission determines that a management plan is not required, then the commission may provide assistance by referring the request to the state agency capable of providing assistance or requesting participants in the rivers assistance team to make an on-site evaluation and provide the local government with a recommendation for resolving the issue or issues.

NEW SECTION. Sec. 12. RIVERS ASSISTANCE TEAM. (1) Upon request for technical assistance from local persons or interests or a local government the commission may identify volunteer experts from the public and private sector select who are willing to serve on a rivers assistance team.

(2) The rivers assistance team shall provide technical assistance, consultations, and on-site evaluations. The rivers assistance team may issue a report of findings if deemed appropriate by members of the team.

(3) Participants in on-site evaluations shall receive compensation in accordance with RCW 43.03.220 and be reimbursed for travel expenses as provided for in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 13. A new section is added to chapter 43.21A RCW to read as follows:

DEGRADED RIVERS. (1) The department shall submit a biennial report to the parks and recreation commission on rivers in the state monitored for water quality standards by the department under chapter 90.48 RCW. The report shall include: Identification of degraded rivers; identification of rivers in danger of becoming degraded; recommendations to the commission on preventing degradation of rivers; and plans or programs implemented to improve water quality.

(2) For the purposes of this section, "degraded rivers" are rivers that do not meet state surface water quality standards and are identified by the department as water quality limited.

NEW SECTION. Sec. 14. WATER RIGHTS--EMINENT DOMAIN. This chapter shall not (1) affect or impair any water right or permit existing on the effective date of this section; (2) be construed to impose any special limitations on the issuance and development of water rights relating to a critical public water supply; or (3) be construed to grant additional regulatory authority to local or state agencies. The power of eminent domain may not be used in carrying out any provision of this chapter. The property rights of landowners shall be protected from arbitrary and discriminatory action.

NEW SECTION. Sec. 15. STATE TRUST LANDS. This chapter shall not prohibit the department of natural resources from exercising its full responsibilities and obligations for the management of state trust lands.

NEW SECTION. Sec. 16. REDESIGNATION OF SCENIC RIVERS. On the effective date of this section, all rivers or river segments designated in the scenic rivers program, chapter 79.72 RCW, shall be designated as protected rivers under section 8 of this act.

NEW SECTION. Sec. 17. CAPTIONS NOT LAW. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 18. SHORT TITLE. This chapter shall be known and cited as the model rivers act.

NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:

(1) RCW 79.72.010 and 1977 ex.s. c 161 s 1;

(2) RCW 79.72.020 and 1988 c 36 s 57, 1987 c 57 s 1, 1984 c 7 s 371, & 1977 ex.s. c 161 s 2;

(3) RCW 79.72.030 and 1977 ex.s. c 161 s 3;

(4) RCW 79.72.040 and 1989 c 175 s 169 & 1977 ex.s. c 161 s 4;

(5) RCW 79.72.050 and 1977 ex.s. c 161 s 5;

(6) RCW 79.72.060 and 1977 ex.s. c 161 s 6;

(7) RCW 79.72.070 and 1988 c 36 s 58 & 1977 ex.s. c 161 s 7;

(8) RCW 79.72.080 and 1977 ex.s. c 161 s 8;

(9) RCW 79.72.090 and 1977 ex.s. c 161 s 9;

(10) RCW 79.72.100 and 1988 c 36 s 59 & 1977 ex.s. c 161 s 10; and

(11) RCW 79.72.900 and 1977 ex.s. c 161 s 12.

NEW SECTION. Sec. 20. The sum of two hundred twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the state parks and recreation commission for the purposes of this act.

NEW SECTION. Sec. 21. Sections 1 through 12 and 14 through 18 of this act shall constitute a new chapter in Title 43 RCW.