6336-S2

AN ACT Relating to the water resources board; adding new sections to chapter 43.131 RCW; and adding a new chapter to Title 43 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that balanced administration and management of the state water resources and water quality is of paramount importance to the citizens of the state. The legislature finds that regional differences in water resource conditions and uses require greater consideration in the development and administration of water resource policy. The legislature finds that despite these regional differences, in all areas of the state there are a diversity of interests and needs that are dependent upon the state's water resources, from municipal, commercial, industrial, agricultural, and seafood needs of human communities, to habitat and other instream water resource needs. The legislature finds that to effectively develop and administer water resource policies the views and expertise of persons from all regions of the state should be considered.

It is the intent of the legislature to establish a state board on water resources that consists of members representing all regions of the state. Further, it is the direction of the legislature that the board provide advice on the development and implementation of policies and programs that are balanced with the interests of all sectors of the state's residents taken into account.

NEW SECTION. Sec. 2. There is hereby created a state board to be known as the Washington water resources board. The board shall have five members.

(1) Members shall be appointed by the governor, with the consent of the senate. Two of the members shall reside east of the crest of the Cascade mountains and two shall reside west of the crest of the Cascade mountains, and one member shall represent the state at large. No more than one member may reside in any one county.

In making appointments to the board, the governor shall select persons with recognized expertise in water-related issues, including but not limited to, issues regarding agriculture, tribes, hydroelectric production, fisheries, municipal and industrial supply, recreational uses, and water quality, who have demonstrated the ability to work constructively in group settings, and who have demonstrated their ability to listen to the public and understand scientific information.

(2) The members of the board shall serve four-year terms except for one of the initial members from eastern Washington and one of the initial members from western Washington as designated by the governor who shall each serve two-year terms. The terms of the initial members shall begin September 1, 1996. At the first meeting of the board, it shall choose one of its members as chair.

(3) Each board member shall receive a salary as may be fixed by the governor in accordance with RCW 43.03.040. A member may be dismissed by the governor before the expiration of his or her term for cause.

NEW SECTION. Sec. 3. The board has the following powers and duties:

(1) The board shall recommend state-wide policy and guidelines consistent with statutory law regarding the water resource and water quality programs and policies administered by the departments of ecology and health. The initial recommendations considered by the board shall include procedures for the development and approval of regional water resource plans, procedures and standards for establishing instream flow levels, hydraulic continuity, augmentation of water supplies, aquifer management, and water transfers.

(2) Before adoption of a draft rule for public comment regarding a water resource or water quality issue, the state board of health and the department of ecology shall provide the proposed rule to the board. The board may comment on the proposed rule with regard to any conflict or inconsistency between the proposed rule and any other rule, statute, or the board's recommended policies and guidelines.

(3) The board shall periodically advise the legislature on recommended modifications of water resources and water quality statutes to further goals expressed by the legislature in Title 90 RCW and to improve the administration of state water resource and water quality programs. The board shall also timely review and make recommendations upon such water resource and water quality issues as the governor or the legislature may refer to the board.

(4) The board shall facilitate the communication of information and views among all interests in Washington water resources. To accomplish this duty the board shall hold a public forum at least twice annually in which resource topics of broad public import are scheduled for discussion and to which invitations are broadly disseminated to all interests. The board shall seek geographic diversity in the location of such forums. A summary of the forum proceedings shall be included in the biennial report required under section 5 of this act.

(5) The board may review and comment upon the proposed budgets for water resource-related activities submitted to the office of financial management by the departments of ecology and health. The agencies shall provide the proposed budget to the board sufficiently before the due date for submission to the office of financial management that the board may provide advice on the budget's content. The board may call upon staff of either agency to make presentations to the board to explain the proposed budget submittal, including both operating and capital budget appropriations. The board may provide advice to the office of financial management on the budgets.

(6) In developing recommendations and performing reviews of proposed agency rules, policies, and budgets, the board shall consult with and integrate its reviews with other boards or committees providing advice or direction to the departments of ecology and health on water-related subjects, including the state board of health.

(7) The board may employ staff necessary to carry on the administrative work of the board.

(8) The board may appoint technical working groups and advisory interest group committees to assist in carrying out its duties.

NEW SECTION. Sec. 4. The department of ecology and the department of health shall each provide staff support to the board and shall cooperate fully in assuring the efficient functioning of the board. The board's expenses shall be incorporated and separately identified in departments' budgets. Other state agencies participating in providing assistance to regional planning efforts or otherwise involved in water resources-related matters shall also cooperate with the board.

NEW SECTION. Sec. 5. The board shall submit a biennial report to the governor and the legislature containing a summary of the transactions and proceedings of the board together with a summary of any information gathered by the board and such other facts, suggestions, and recommendations as the governor or the legislature requests.

NEW SECTION. Sec. 6. A new section is added to chapter 43.131 RCW to read as follows:

The Washington water resources board and its powers and duties shall be terminated June 30, 2003, as provided in section 7 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2004:

(1) Section 1 of this act;

(2) Section 2 of this act;

(3) Section 3 of this act;

(4) Section 4 of this act; and

(5) Section 5 of this act.

NEW SECTION. Sec. 8. Sections 1 through 5 of this act shall constitute a new chapter in Title 43 RCW.