5773-S

AN ACT Relating to coordinated water resources programs; adding new sections to chapter 36.70A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature makes the following findings:

(1) Federal agencies, state agencies, counties, cities, Indian tribes, and special districts are all engaged in a multitude of planning and management efforts designed to protect and enhance the quality and quantity of water within the state;

(2) The growth management act sets broad goals for counties and cities to develop comprehensive plans for sustainable economic development, environmental protection, and provision of adequate capital facilities but fails to provide direction for integrating water resources planning and policy with growth planning efforts;

(3) The Chelan Agreement establishes a cooperative process that may be useful for coordinating comprehensive water resources management with growth management planning;

(4) Implementation of the growth management act and ongoing water resources planning and management efforts should support each other and be logically consistent;

(5) Steadily increasing population within the state and the distressed condition of anadromous fisheries both require intensive planning and management to ensure adequate quality and quantity of water resources for human populations and the integrity of ecosystems;

(6) New federal and state regulatory requirements for managing storm water, protecting drinking water supply, and managing other aspects of water resources increase the need for counties to integrate planning and management activities involving both land use and water resources; and

(7) Efforts should be made to combine financial resources for planning, capital expenditures, facility operations and maintenance, water quality monitoring, and public education at the state and local level and to eliminate waste and duplication in planning and management of water resources.

NEW SECTION. Sec. 2. The purpose of this act is to authorize counties to better coordinate the many county responsibilities for water resources planning, management, permitting, and funding on a watershed or island-wide basis. The coordinated program established in this act is intended to emphasize local accountability, consistency with growth planning activities, and protection of the public health and the environment in a cost-efficient manner.

NEW SECTION. Sec. 3. DEFINITIONS. Unless the context clearly requires otherwise, as used in sections 3 through 8 of this act, "water resources" shall be broadly construed to mean and include surface water, ground water, marine waters, and the general aquatic ecosystem, and includes activities involving water quality, wetlands, and the riparian zone.

NEW SECTION. Sec. 4. COORDINATED WATER RESOURCES PROGRAM--ESTABLISHMENT. (1)(a) The legislative authority of any county that is required to or chooses to plan under RCW 36.70A.040 may by resolution establish a coordinated water resources program. The purpose of a coordinated water resources program is to exercise existing authorities of a county to develop an efficient and effective system of protecting, preserving, rehabilitating, enhancing, and managing, on a watershed or island-wide basis, the water resources located within all or part of a county or counties. The boundaries of a watershed shall be agreed upon by the participants in the process.

(b) A county legislative authority proposing to establish a coordinated water resources program shall consult with affected cities, tribes, and special districts in developing its proposal before scheduling the proposal for a public hearing. Where a portion of the watershed area lies within a city or a town, the county shall provide for the participation of the legislative authority of the city or town in developing the program. The county, in cooperation with the affected cities, tribes, and special districts shall conduct at least one public hearing on the proposal. Notice of the hearing shall be published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the area of the proposed coordinated water resources program. The public hearing may be continued to other times, dates, and places announced at the hearing, without publication of the continuance. At the public hearing, the county legislative authority shall hear objections and comments from anyone interested in the proposal to establish the program.

(2)(a) A county or counties establishing a coordinated water resources program is encouraged to use the cooperative process established by the Chelan Agreement to reach agreement on determining the boundaries of the watersheds to be addressed and how to coordinate the planning and management of water resources within one or more watersheds or upon one or more islands.

(b) At a minimum, a county or counties coordinating the planning and management of water resources on a watershed or island-wide basis within all or a portion of the county or counties shall invite the department of ecology, the department of health, affected Indian tribes, the local health department or district, affected cities within the watershed or upon the island, and special districts within the watershed or upon the island to determine how the exercise of county water resource protection authorities may be coordinated with other programs for water resource protection within the watershed or upon the island. If a watershed is located in more than one county, each of the counties in which the watershed is located should participate in the coordinated effort described in this section, regardless of whether all of the counties are required to or choose to plan under RCW 36.70A.040.

(c) Where appropriate, a county planning under this section shall invite the participation of the Puget Sound water quality authority in developing the coordinated water resources program.

(d) A county developing a program under this section shall invite the participation of the department of natural resources, department of fisheries, department of wildlife, other interested state agencies, relevant agencies of the federal government, and other public and private interested parties in developing the coordinated program under (b) of this subsection.

(e) After convening the necessary parties and agreeing upon the boundaries of the watersheds or islands included in the coordinated water resources program, the county legislative authority shall by resolution or ordinance describe the boundaries of the coordinated water resources program, and to the extent possible, describe its scope and the plan for coordinated planning and management of water resources within its boundaries.

(3) Establishment of a coordinated water resources program and the exercise of any authority under this chapter shall not be construed as requiring the transfer of duties or responsibilities from any established state, local, city, or tribal program or from any district that exists that addresses water resource management. However, a county establishing a coordinated water resources program shall evaluate existing programs and districts the county has established for the management of water resources and consider whether any should be eliminated. Other governmental units participating with the county in the program may evaluate whether other existing programs or districts administered by the governmental unit should be eliminated or consolidated to eliminate duplication of services or improve efficient management of water resources.

NEW SECTION. Sec. 5. COORDINATED WATER RESOURCES PROGRAM. (1) Under a coordinated water resources program a county may consolidate, combine, or otherwise coordinate the county's planning and management activities that occur within the watershed or upon the island, including:

(a) Inventorying, researching, measuring, and ranking the quantity and quality of subterranean waters and bodies of water;

(b) Preparing and administering a coordinated program to protect, preserve, rehabilitate, and manage ground water and bodies of water, and to control and treat surface water, including but not limited to, point and nonpoint water pollution abatement programs and activities;

(d) Encouraging public participation and providing educational programs related to the protection, preservation, rehabilitation, and management of ground water and bodies of water, including, but not limited to programs related to household hazardous and dangerous wastes, aquifer protection, and wellhead protection;

(e) Providing technical and financial assistance for public water systems;

(f) Cooperating with other units of state and local government and engaging in joint programs and projects;

(g) Providing assistance to conservation districts to perform activities related to protecting and restoring water quality and quantity; and

(h) Providing assistance to the local health agency in carrying out its functions in protecting water supplies, including monitoring the installation, and inspection and maintenance of on-site sewage disposal systems.

(2) The county may incorporate into a coordinated program under this chapter any authority currently provided by law to be exercised by counties related to water resources protection.

NEW SECTION. Sec. 6. COORDINATED WATER RESOURCES DISTRICTS. (1) A county or counties that have established a coordinated water resources program may by ordinance establish a coordinated water resources district or districts based on the boundaries of the program, or the watersheds or islands that comprise the boundaries of the program, for the purpose of financing the local elements of the coordinated water resources program. A coordinated water resources district may not include territory located within a city or town without the approval of the city or the town legislative authority, nor may it include territory located in the unincorporated area of another county without the approval of the county legislative authority of that county. In seeking approval of the city or town or other county, the county shall propose procedures for the participation of the city or town or other county in establishing the district and in carrying out the elements of the coordinated water resources program within the city or town.

(2) The coordinated water resources district may finance the local elements of the coordinated water resources program through any combination of federal, state, or private grants or loans, or local revenues.

NEW SECTION. Sec. 7. (1) The legislative authority of a county may authorize up to ten percent of existing fees, charges, or special assessments levied and collected within the watershed by the county in the exercise of county water resource protection or management responsibilities.

(2) The legislative authority of a city may authorize up to ten percent of existing fees, charges, or special assessments levied and collected by a city within the boundaries of a proposed or established county-coordinated water resources district for purposes of cooperating with the county in the development or implementation of a county-coordinated water resources district.

(3) The governing body of a special district may authorize up to ten percent of existing fees, charges, or special assessments levied and collected within that portion of the district's boundaries located inside a proposed or established county-coordinated water resources district for purposes of this chapter.

(4) A city or special district may by intergovernmental agreement transfer funds specified in subsections (2) and (3) of this section to the county for administration.

(5) The county shall establish a special coordinated water resources district account or fund for the purposes of receiving and expending funds under this chapter.

NEW SECTION. Sec. 8. The office of financial management shall work with the department of ecology, the department of health, and the department of community development to develop a proposal (1) to combine current funding sources available for local governments to engage in a coordinated water resources program and (2) to provide new state matching funds for governmental units or other entities that implement a coordinated water resources program. The proposal shall be submitted to the legislature by November 1, 1993.

NEW SECTION. Sec. 9. Sections 3 through 7 of this act shall not be construed to reduce or eliminate any existing authority of any state agency or any Indian tribe.

NEW SECTION. Sec. 10. Captions used in sections 3 through 7 of this act do not constitute any part of the law.

NEW SECTION. Sec. 11. Sections 3 through 7 and 9 of this act are each added to chapter 36.70A RCW.