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SENATE BILL 6305
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Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
Read first time 01/11/96. Referred to Committee
on Natural Resources.
Authorizing approval of off-site
mitigation proposals for hydraulic projects.
AN ACT Relating to
off-site mitigation proposals for hydraulic projects; amending RCW 75.20.130;
and adding a new section to chapter 75.20 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 75.20 RCW to read as follows:
The legislature finds
that the construction of hydraulic projects may require mitigation for the
protection of fish life, and that the mitigation may be most cost effective and
provide the most benefit to the fish resource if the mitigation is allowed to
be applied in locations that are off-site of the hydraulic project location.
The department may approve off-site mitigation plans that are submitted by
hydraulic project applicants.
If a hydraulic project
permit applicant proposes off-site mitigation and the department does not
approve the hydraulic permit or conditions the permit approval in such a manner
as to render off-site mitigation unpracticable, the hydraulic project proponent
must be given the opportunity to submit the hydraulic project application to
the hydraulic appeals board for approval.
Sec. 2. RCW 75.20.130 and 1993
sp.s. c 2 s 37 are each amended to read as follows:
(1) There is hereby
created within the environmental hearings office under RCW 43.21B.005 the
hydraulic appeals board of the state of Washington.
(2) The hydraulic
appeals board shall consist of three members: The director of the department
of ecology or the director's designee, the director of the department of
agriculture or the director's designee, and the director or the director's
designee of the department whose action is appealed under subsection (6) of
this section. A decision must be agreed to by at least two members of the
board to be final.
(3) The board may adopt
rules necessary for the conduct of its powers and duties or for transacting
other official business.
(4) The board shall
make findings of fact and prepare a written decision in each case decided by
it, and that finding and decision shall be effective upon being signed by two
or more board members and upon being filed at the hydraulic appeals board's
principal office, and shall be open to public inspection at all reasonable
times.
(5) The board has
exclusive jurisdiction to hear appeals arising from the approval, denial,
conditioning, or modification of a hydraulic approval issued by the department:
(a) Under the authority granted in RCW 75.20.103 for the diversion of water
for agricultural irrigation or stock watering purposes or when associated with
streambank stabilization to protect farm and agricultural land as defined in
RCW 84.34.020; or (b) under the authority granted in section 1 of this act
for off-site mitigation proposals.
(6)(a) Any person
aggrieved by the approval, denial, conditioning, or modification of a hydraulic
approval pursuant to RCW 75.20.103 may seek review from the board by filing a
request for the same within thirty days of notice of the approval, denial,
conditioning, or modification of such approval.
(b) The
review proceedings authorized in (a) of this subsection are subject to the
provisions of chapter 34.05 RCW pertaining to procedures in adjudicative
proceedings.
