VETO MESSAGE ON 5411-S.E

                        May 21, 1991

To the Honorable, the Senate

  of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 25, Engrossed Substitute Senate Bill No. 5411 entitled:

"AN ACT Relating to the alleviation of flood damage."

      Section 25 of Engrossed Substitute Senate Bill No. 5411 requires the Department of Natural Resources to not charge for removal of material from state-owned aquatic lands when such material is used for public purposes.  Public purposes are defined by section 25 to include construction, maintenance, improvement or repair of roads, dikes, and levees.  Similar language is contained in Substitute House Bill No. 1864.  For this reason I have vetoed section 25 of this bill.

      With the exception of section 25, Engrossed Substitute Senate Bill No. 5411 is approved.

                        Respectfully submitted,

                        Booth Gardner

                        Governor