S-0273.1  _______________________________________________

                         SENATE BILL 5495

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Hochstatter, Rasmussen, Morton, Swecker, Sellar, Schow, Prince and Loveland

Read first time 01/25/95.  Referred to Committee on Senate Select Committee on Water Policy.

Limiting closure of watersheds to periods of one year.

    AN ACT Relating to setting aside waters; amending RCW 90.54.050; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that it is in the best interests of all citizens of the state to use the best available science to ensure that our water resources are both adequately protected and fairly allocated.

    The legislature further finds that the waters of the state must be accessible for beneficial use unless scientific evidence indicates that no water is available in a region.

    The legislature therefore declares that in order to properly allocate our water resources, no watersheds shall be closed to allocation for longer than one year without sound scientific evidence nor shall a watershed remain closed if the surface water flow is of a sufficient level.

    Sec. 2.  RCW 90.54.050 and 1988 c 47 s 7 are each amended to read as follows:

    In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW:

    (1) Reserve and set aside waters for beneficial utilization in the future, and

    (2) When sufficient information and data are lacking to allow for the making of sound decisions, withdraw various waters of the state from additional appropriations until such data and information are available.  However, no withdrawal of water from additional applications under this subsection shall remain in effect for more than one year.  Further, any stream with an average annual yield in excess of three hundred fifty thousand acre feet that has been withdrawn from additional appropriation shall be considered for additional appropriation, if at any time during the stream closure the stream flow attains a level equal to one hundred fifty percent of the 1994 mean flow for a period of at least three months.

    Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located.  The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties.  Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW ((34.05.538 or)) 34.05.240.

    ((No new rules or changes to existing rules to reserve or set aside water may be adopted pursuant to this section, as provided in RCW 90.54.022(5).))

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