S-4468.1 _______________________________________________
SENATE BILL 6506
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators M. Rasmussen, Newhouse, Haugen, Loveland, Morton and Winsley
Read first time 01/25/94. Referred to Committee on Energy & Utilities.
AN ACT Relating to creation of a water resources board; adding a new section to chapter 43.83B RCW; adding a new section to chapter 89.16 RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.14 RCW; adding a new section to chapter 90.16 RCW; adding a new section to chapter 90.22 RCW; adding a new section to chapter 90.24 RCW; adding a new section to chapter 90.38 RCW; adding a new section to chapter 90.42 RCW; adding a new section to chapter 90.44 RCW; adding a new section to chapter 90.54 RCW; adding a new section to chapter 43.20 RCW; adding a new section to chapter 43.21A RCW; adding new sections to chapter 43.27A RCW; adding a new section to chapter 43.99E RCW; adding a new section to chapter 90.08 RCW; creating new sections; recodifying RCW 43.21A.067; decodifying RCW 90.14.043; repealing RCW 43.21A.170, 43.21A.180, 43.21A.190, 43.21A.200, and 43.21A.210; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes the growing importance of water resources to the citizens of the state of Washington. It is the purpose of this act to provide for a more effective and efficient program of managing and planning water resources by creating a water resources board to administer a water resources program that encompasses water right administration, enforcement, well construction, adjudications, dam safety, data management, policy and planning, program administration, and drought activities.
It is further recognized that different areas of the state have unique and differing needs and problems regarding water resources. Therefore, it is the further purpose of this act to provide for greater responsiveness and keener sensitivity to local needs and problems. In order to concentrate efforts and to receive citizen input on these local conditions the board shall be composed of persons from designated areas of the state.
NEW SECTION. Sec. 2. The water resources board is established. The board has authority over water resources matters, however the water resource program shall remain within the department of ecology. The board shall exercise all powers and perform all duties relating to water quantity matters prescribed by law including the management, conservation, utilization, planning, development, and adjudication of the state's water as provided in sections 7 through 22 of this act. The board or its authorized designee shall represent itself in legislative matters.
The board shall appoint an administrator of water resources who shall have authority to implement the decisions of the board. The salary of the administrator shall be fixed by the governor in accordance with RCW 43.03.040. The administrator shall serve at the pleasure of the board. The assistant director of the office of water and shorelands shall be an ex officio member of the board without a vote. This section shall expire June 30, 2001.
NEW SECTION. Sec. 3. The board shall consist of five members, appointed by the governor. The members shall be qualified electors and residents of the geographic area under section 5 of this act. Members must be knowledgeable and experienced in water resource matters in areas in which the board has authority. All appointments and reappointments, including those to fill vacancies, shall be confirmed by the senate. The first members of the board shall be appointed by the governor within sixty days after the effective date of this section. The initial terms for board members from district one and district three shall expire on the first Thursday following the second Monday in January 1995, for board members from district two and district four shall expire on the first Thursday following the second Monday in January 1997, and for the board member from district five shall expire on the first Thursday following the second Monday in January 1999. Upon the expiration of the term of any member, the governor shall appoint a successor for a term of five years. Vacancies on the board shall be filled by appointment made by the governor for the unexpired term.
NEW SECTION. Sec. 4. The board shall meet at such times as it deems advisable but at least once every month. It may adopt its own rules and may establish its own procedures consistent with other provisions of state law. Resolutions or motions shall be adopted by a vote of at least three members. The board may elect one of its members as chair for a term of one year. The chair may vote on all matters before the board. Members of the board shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 5. The governor shall appoint one board member from each of the following geographic areas: District one, Olympic Peninsula, shall include all of the land within Clallam, Jefferson, Kitsap, Mason, Grays Harbor, Pacific, and Wahkiakum counties; district two, Northwest Washington, shall include all of the land within Whatcom, Skagit, Island, San Juan, Snohomish, and King counties; district three, Southwest Washington, shall include all of the land within Skamania, Clark, Cowlitz, Lewis, Thurston, and Pierce counties; district four, Central Washington, shall include Klickitat, Yakima, Benton, Kittitas, Okanogan, Chelan, and Ferry counties; and district five, Eastern Washington, shall include all of the land within Stevens, Pend Oreille, Douglas, Grant, Spokane, Lincoln, Walla Walla, Franklin, Adams, Whitman, Garfield, Columbia, and Asotin counties.
NEW SECTION. Sec. 6. The board shall have the following functions, powers, and duties:
(1) Implement state water resources statutes through the adoption of rules as necessary;
(2) Develop a comprehensive state water resource program by developing and adopting regional water resource programs including the establishment of instream flows in accordance with chapter 90.54 RCW;
(3) Develop proposals for statutory changes to the state water resources statutes and submit these requested changes to the legislature;
(4) Establish and implement programs and procedures for making timely decisions for water right applications;
(5) Establish a mediation process that may be used to resolve water right disputes;
(6) Develop and approve policies regarding enforcement and regulation of water rights consistent with state laws and the provisions of this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 43.83B RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 8. A new section is added to chapter 89.16 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 9. A new section is added to chapter 90.03 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 10. A new section is added to chapter 90.14 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 11. A new section is added to chapter 90.16 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 12. A new section is added to chapter 90.22 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 13. A new section is added to chapter 90.24 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 14. A new section is added to chapter 90.38 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 15. A new section is added to chapter 90.42 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 16. A new section is added to chapter 90.44 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 17. A new section is added to chapter 90.54 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 18. A new section is added to chapter 43.20 RCW to read as follows:
For the purposes of RCW 43.20.230, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 19. A new section is added to chapter 43.21A RCW to read as follows:
For the purposes of RCW 43.21A.020, 43.21A.061, 43.21A.064, and 43.21A.445, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 20. A new section is added to chapter 43.27A RCW to read as follows:
For the purposes of RCW 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, and 43.21A.067, as recodified by this act, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 21. A new section is added to chapter 43.99E RCW to read as follows:
For the purposes of RCW 43.99E.025, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 22. A new section is added to chapter 90.08 RCW to read as follows:
For the purposes of RCW 90.08.040, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 23. Any appropriations made to the department of ecology relating to functions transferred shall, on the effective date of this section, continue to be designated for use as directed by the water resources board.
Whenever any question arises as to the transfer of any funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 24. All rules and all pending business before the department of ecology relating to functions transferred shall be continued and acted upon by the water resources board. All existing contracts and obligations shall remain in full force and effect and shall be performed by the water resources board.
NEW SECTION. Sec. 25. Sections 2 through 6 of this act are each added to chapter 43.27A RCW.
NEW SECTION. Sec. 26. RCW 90.14.043 is decodified.
NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:
(1) RCW 43.21A.170 and 1989 1st ex.s. c 9 s 217, 1988 c 36 s 15, 1985 c 466 s 50, 1979 c 141 s 68, & 1970 ex.s. c 62 s 17;
(2) RCW 43.21A.180 and 1984 c 287 s 76, 1975-'76 2nd ex.s. c 34 s 100, & 1970 ex.s. c 62 s 18;
(3) RCW 43.21A.190 and 1988 c 127 s 24 & 1970 ex.s. c 62 s 19;
(4) RCW 43.21A.200 and 1977 c 75 s 47 & 1970 ex.s. c 62 s 20; and
(5) RCW 43.21A.210 and 1970 ex.s. c 62 s 21.
NEW SECTION. Sec. 28. RCW 43.21A.067 shall be recodified as a section in chapter 43.27A RCW.
NEW SECTION. Sec. 29. This act shall take effect July 1, 1994.
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