H-0738

AN ACT Relating to comprehensive river management; 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. It is the intent of the legislature to create within the state parks and recreation commission a program to:

(1) Promote a comprehensive state river management program;

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

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

(4) Promote and manage programs that balance the various uses of rivers;

(5) Protect the best interests of private landowners along with the health of the river;

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

(7) Promote the use and coordination of existing agency programs that manage river resources;

(8) Promote and assist local governments to preserve and enhance their river corridors; and

(9) Promote the rehabilitation of rivers that do not meet water quality standards.

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.

(2) "Degraded rivers" means rivers that do not meet state surface water quality standards and are identified by the department of ecology as water quality limited under section 13 of this act.

(3) "Director" means the director of the commission.

(4) "Locals" means recognized municipal governments, counties, regional councils, tribes, and citizen groups.

(5) "Model rivers" means river corridors designated model rivers by the legislature under section 9(3)(d) of this act.

(6) "Protected rivers" means rivers with outstanding natural, cultural, recreational, or aesthetic values of significance to the state that are designated protected rivers under section 6, 7, or 8 of this act.

(7) "River corridor" means the river channel plus two hundred feet on either side of the river.

(8) "River reaches" means from the mouth of the river to the first confluence and from confluence to confluence.

(9) "Zone of influence" means areas beyond the river corridor and within the drainage that are subject to the river management plans, as determined by the river council and the issues along the river.

NEW SECTION. Sec. 3. DUTIES OF THE COMMISSION. (1) The commission shall report to the legislature by January 1st of odd-numbered years on the status of rivers in the state.

(2) The commission shall:

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

(b) Provide assistance to locals to develop management plans for the state-managed protected rivers and model rivers;

(c) Notify and work with local jurisdictions along the river in determining the appropriate management program for protected rivers;

(d) Approve the management plans for locally managed protected rivers;

(e) Develop management plans for state-managed protected rivers; and

(f) Monitor management activities of river planning processes.

NEW SECTION. Sec. 4. CREATION OF TECHNICAL COMMITTEES. (1) The commission may establish technical committees to assist in implementation of this chapter.

(2) When establishing technical committees the commission shall ensure that appropriate state and local interests are represented.

(3) The technical committees shall meet at the times and places determined by the director.

NEW SECTION. Sec. 5. RIVER COUNCILS--CREATION--DUTIES. (1) If the state or locals establish the need for a river assessment, either through a local or state planning process for protected or model rivers, then the state or locals shall create a river council.

(2) The duties of a river council include:

(a) Assisting in development of the management plan;

(b) Providing final endorsement of the management plan before it is sent to the commission for approval; and

NEW SECTION. Sec. 6. PROTECTED RIVERS. Rivers shall be recommended to the legislature by the commission for protected status based on their outstanding natural, cultural, recreational, or aesthetic values of significance to Washington.

(1) The commission may select rivers or river reaches for the protected rivers status from:

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

(b) Priority rivers listed in the 1988 state parks scenic rivers assessment.

(2) For selection of protected rivers the commission shall consider whether:

(a) The river or the portion of the river to be designated is free flowing with an average of one thousand cubic feet per second or more of water;

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

(d) The river is without man made diversions that hinder recreational use;

(e) The river has a streamway that is relatively unmodified by riprapping and other stream bank protection;

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

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

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

(3) The commission shall prepare a list of rivers eligible for protected status. The director or the director's designee shall:

(a) Notify the local jurisdictions of the listing;

(b) Explain the significance of the listing; and

NEW SECTION. Sec. 7. PROTECTED RIVERS‑-LOCALLY MANAGED. (1) After a river is listed by the commission as a candidate for protected status, locals may request to develop their own management plan. Such local plans must satisfy the management criteria for protected rivers, which include:

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

(b) Nondegradation of water quality;

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

(d) Maintaining a relatively natural setting and adequate open space on public lands within a river area; and

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

(2) Upon completion of a local management plan, locals shall submit the plan to the commission for approval. Upon approval of the plan, the commission shall request the legislature designate the river as a locally managed protected river. After legislative designation as a locally managed protected river, the legislature shall require all agencies with management responsibilities within or along the river to comply with the protected river management plan.

NEW SECTION. Sec. 8. PROTECTED RIVERS‑-STATE MANAGEMENT. Rivers listed by the commission for protected status but not selected for local management planning shall be submitted by the commission to the legislature for designation as protected rivers. For rivers that are designated by the legislature as protected rivers, the director or the director's designee shall:

(1) Cooperate with locals to develop an assessment of the river's resources and create a management plan;

(2) Submit the management plan to the legislature for approval; and

(3) Request that the legislature direct all agencies with management responsibilities within or along the river to comply with the protected river management plan.

NEW SECTION. Sec. 9. MODEL RIVER DESIGNATION. (1) The goal of the model rivers management plan is to coordinate multiple uses along a river corridor while maintaining the river quality. Uses of a model river may include hydropower, agriculture, fishing, recreational, cultural, and urban uses. Locals may petition the commission to have a river designated as a model river and request matching funding for the river assessment. Locals shall provide a fifty percent match to assessment funds distributed by the commission.

(2) In selecting model rivers, the commission shall consider whether:

(a) The river possesses natural, cultural, recreational, or economic value of significance to Washington;

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

(d) There is a substantial public interest in a cooperative river management program between state and local river users.

(3) Based upon the number of requests received and the availability of funds, the commission shall determine which rivers are eligible for model river assessment funding. Completed model river assessments shall be submitted to the commission. The commission shall establish schedules for submitting the resource and management assessments. The commission shall:

(a) Review resource and management assessments;

(b) Approve assessments that meet the goals in subsection (1) of this section and the criteria in subsection (2) of this section for a model river;

(d) Upon final approval of resource and management assessments, submit the assessments to the legislature for designation of the river as a model river; and

(e) Recommend that the legislature request all agencies with management responsibilities within or along the river to comply with the model river management plan.

NEW SECTION. Sec. 10. RIVERS ASSISTANCE COMPONENT. Local governments with a single critical issue along the river or multiple issues that do not require model river resource and management assessments may petition the commission for assistance. After a preliminary evaluation of the nature of the issue, the commission shall provide assistance by:

(1) Referring the request to the state agency capable of providing assistance; or

(2) 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. 11. RIVERS ASSISTANCE TEAM. (1) The commission shall maintain a registry of professionals from the public and private sector who are capable of providing technical assistance. Upon request from the local government and demonstration of need, the commission shall select participants for an ad hoc rivers assistance team.

(2) The rivers assistance team shall provide technical assistance to local communities, including but not limited to:

(a) On-site evaluations;

(b) Consulting with local officials; and

(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. 12. DEGRADED RIVERS. The commission shall receive annual reports from the department of ecology on rivers in the state monitored for water quality standards by the department of ecology under chapter 90.70 RCW. The report shall include:

(1) Identification of rivers in danger of becoming degraded;

(2) Recommendations to the commission on preventing degradation of rivers; and

(3) Plans or programs implemented to improve water quality.

NEW SECTION. Sec. 13. 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. 14. CAPTIONS NOT LAW. Section headings as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 15. SHORT TITLE. This chapter shall be known and cited as the model rivers act.

NEW SECTION. Sec. 16. 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. 17. 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. 18. Sections 1 through 15 of this act shall constitute a new chapter in Title 43 RCW.