FINAL BILL REPORT

                 E2SSB 5632

                         PARTIAL VETO

                          C 402 L 95

                      Synopsis as Enacted

Brief Description:  Providing for flood damage reduction.

Sponsors:  Senate Committee on Ways & Means (originally sponsored by Senators A. Anderson, Drew, Owen, Hargrove, Swecker, Morton, Hale, Haugen, Finkbeiner, Strannigan, Moyer, Palmer, Johnson, Quigley and Rasmussen).

Senate Committee on Natural Resources

Senate Committee on Ways & Means

House Committee on Agriculture & Ecology

House Committee on Appropriations

Background:  Responsibility for flood hazard prevention and management is divided between a number of agencies and jurisdictions.  Locally, counties may adopt comprehensive flood control management plans on an optional basis, to establish a scheme for flood control protection.  County plans may apply to cities and towns, or cities and towns may adopt their own plans.

The Department of Ecology has the authority to approve or reject designs and plans for any structure to be erected upon the banks, in the channel, or in the floodway of any stream or body of water.  The Department of Ecology also provides technical assistance to local governments in the development of flood plain management ordinances, and reviews and approves these ordinances.

The Department of Fisheries has the responsibility to provide hydraulic project approval for any project that would use, divert, obstruct, or change the natural flow or bed of any waters of the state.  Protection of fish life is the only grounds upon which approval may be denied or conditioned.  The Department of Fisheries has also established rules regulating work within the waters of the state.

The Department of Natural Resources has authority over aquatic lands.  The department has established rules governing use or modification of any river system.

Concerns have been raised that the lack of a coordinated state flood control policy makes it difficult to obtain permits for flood protection projects.

Summary:  Reducing flood damage to the use of structural and nonstructural projects is in the public interest.  It is the state's duty to assist in funding flood control projects.

Counties planning under growth management must make all regulations consistent with the county flood management plan.  Counties planning under growth management must also make county land designations, such as agriculture, forest, mineral or critical areas, consistent with the county flood management plan.

Flood prevention and minimization is specifically added to the list of responsibilities of the State Environmental Policy Act.  The Department of Fish and Wildlife gravel removal WACs are clarified.  This includes establishment of an excavation line parallel to the water's edge, establishment of a minimum gradient upward from the excavation line at 1/2 percent and allowance for excavated minerals to be stored within the high water mark from June 15 to August 15.

Hydraulic permit decisions may not affect the amount, timing or delivery method of water diverted under surface water diversions after the water leaves the stream and before it returns.

Individuals who win hydraulic permit appeals may be awarded legal and engineering costs.  The Department of Natural Resources River Management WACs are codified with changes allowing sand and gravel removal if it continues to increase flood protection.  Gravel removal is allowed for areas that have accumulations of gravel, if consistent with the county flood plan.

No gravel royalty may be charged to counties that remove gravel from a stream for flood control purposes.  Counties must complete flood hazard management plans by December 31, 1999, or earlier for counties with two or more presidentially declared flood disasters in the last ten years.

Individuals who win Shoreline Management Act permit appeals may be awarded legal and engineering costs.  State agencies are required to actively seek and encourage removal of accumulated materials in rivers and streams through permit requirements.  Policy should be based on designed open channel hydraulic engineering criteria.

The focus for county flood plans must include practices that avoid long-term accretion of sediments in streams, and methods must be established to stop river channel migration.  Dredging of sand and gravel for navigation is not exempt from royalty payments.  The Department of Transportation is required to participate in flood reduction projects based on benefits received.  Flood protection projects are defined as work necessary to preserve, restore or improve natural or human-made stream banks or flood control facilities.  The Departments of Fish and Wildlife, Natural Resources and Ecology are required to jointly develop memorandums of understanding to better coordinate the agencies' actions and permit the requirements.  The goal of the memorandums is to minimize duplicate information and to develop a comprehensive permit process which is streamlined and easily understandable to permit applicants.

Votes on Final Passage:

Senate    38 10

House     70 25 (House amended)

Senate        (Senate refused to concur)

House     67 27 (House receded)

Effective:  July 23, 1995

Partial Veto Summary:  Changes made to the hydraulics law and the Shoreline Management Act are deleted.  Persons are not awarded legal and engineering costs if they win a hydraulic appeal.  The emergency clause is deleted.