S-3188.2          _______________________________________________

 

                                 SENATE BILL 6118

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators Metcalf, Owen, Oke, Snyder, Sutherland and Conner

 

Read first time 01/16/92.  Referred to Committee on Environment & Natural Resources.Concerning the enhancement of fish passageways.


     AN ACT Relating to fish passage; and adding a new section to chapter 75.20 RCW.

 

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

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 75.20 RCW to read as follows:

     In the construction and maintenance of road culverts, the counties, cities, and state shall have authority to enter upon adjoining lands and beds of waters, regardless of ownership, in order to accommodate construction that allows and enhances fish passage.  State and local governments must provide fish passage for all culverts where anadromous and resident fish might be reasonably expected to attempt passage.  Fish passage must be sustained as the top priority of road maintenance.  Counties that provide fish passage are not liable for flood damage caused by the fish passage.  Moneys from the highway construction stabilization account may be used for the construction of fish passages that are adjacent to and through culverts.