H-1558.1 _______________________________________________
HOUSE BILL 1864
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Kremen, Haugen, Wilson, Roland, Braddock, Spanel, Rayburn, Rasmussen, Leonard, Bowman, R. Johnson, P. Johnson and Sheldon.
Read first time February 12, 1991. Referred to Committee on Natural Resources & Parks\Appropriations.
AN ACT Relating to removal of sand and gravel; amending RCW 79.90.150; creating a new section; making appropriations; and repealing RCW 79.90.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 79.90.150 and 1982 1st ex.s. c 21 s 21 are each amended to read as follows:
When gravel, rock, sand, silt or other material from any aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of such material may be authorized by the department of natural resources for a public purpose on land owned or leased by the state or any municipality, county, or public corporation: PROVIDED, That when no public land site is available for deposit of such material, its deposit on private land with the landowner's permission is authorized and may be designated by the department of natural resources to be for a public purpose. Prior to removal and use, the state agency, municipality, county, or public corporation contemplating or arranging such use shall first obtain written permission from the department of natural resources. No payment of royalty shall be required for such gravel, rock, sand, silt, or other material used for such public purpose, but a charge will be made if such material is subsequently sold or used for some other purpose: PROVIDED, That the department may authorize such public agency or private landowner to dispose of such material without charge when necessary to implement disposal of material. No charge shall be required for any use of the material obtained under the provisions of this chapter when used solely on an authorized site. No charge shall be required for any use of the material obtained under the provisions of this chapter if the material is used for public purposes by local governments. Public purposes include, but are not limited to, construction and maintenance of roads, dikes, and levies. Nothing in this section shall repeal or modify the provisions of RCW 75.20.100 or eliminate the necessity of obtaining a permit for such removal from other state or federal agencies as otherwise required by law.
NEW SECTION. Sec. 2. (1) The department of natural resources shall conduct a sediment transport study of the Nooksack river in order to determine the amount of material that would have to be removed from the river to minimize the potential for flooding.
(2) The department of natural resources shall conduct an environmental assessment of the Nooksack river, and based on this assessment develop a sand and gravel management plan for the river. In preparing the management plan the department shall seek input from appropriate state and local agencies, Indian tribes, and other interested parties. To the maximum extent feasible, the department shall prepare the management plan in such a way that it can be used as a model for future plans that may be developed for other state rivers.
NEW SECTION. Sec. 3. (1) The sum of 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 department of natural resources for the study in section 2(1) of this act.
(2) The sum of 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 department of natural resources for the purpose of conducting the environmental assessment and management plan in section 2(2) of this act.
NEW SECTION. Sec. 4. RCW 79.90.140 and 1982 1st ex.s. c 21 s 20 are each repealed.