2514-S

2514-S.E AMS AE S5263.1

ESHB 2514 - S COMM AMD

By Committee on Agriculture & Environment

NOT ADOPTED 3/6/98

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 90.82.005 and 1997 c 442 s 101 are each amended to read as follows:

The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development.

It is necessary for the legislature to establish processes and policies that ((~~will result in providing~~)) direct state agencies ((~~with more specific guidance to manage~~)) in managing the water resources of the state consistent with current law and direction provided by local entities and citizens through the process established in accordance with this chapter.

Planning conducted under this chapter must provide for a process to allow the local citizens of a WRIA or multi-WRIA area to join together in an effort to: (1) Assess the status of the water resources of their WRIA or multi-WRIA area; and (2) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the competing resource demands for that area.

Sec. 2. RCW 90.82.030 and 1997 c 442 s 104 are each amended to read as follows:

In order to have the best possible program for appropriating and administering water use in the state, the legislature establishes the following principles and criteria to carry out the purpose and intent of this chapter ((~~442, Laws of 1997~~)).

(1) All WRIA planning units established under this chapter shall develop a process to assure that water resource user interests and directly involved interest groups at the local level have the opportunity, in a fair and equitable manner, to give input and direction to the process.

(2) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. Such assistance must only be at the request of and to the extent desired by the local citizens conducting such planning.

If a planning unit requests technical assistance from a state agency as part of its planning activities under this chapter and the assistance is with regard to a subject matter over which the agency has jurisdiction, the state agency shall provide the technical assistance to the planning unit.

(3) Plans developed under this chapter ((~~442, Laws of 1997~~)) shall be consistent with and not duplicative of efforts already under way in a WRIA, including but not limited to watershed analysis conducted under state forest practices statutes and rules.

(4) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.

Sec. 3. RCW 90.82.040 and 1997 c 442 s 105 are each amended to read as follows:

(1) Once a WRIA planning unit has been organized and designated a lead agency, it shall notify the department and may apply to the department for funding assistance for conducting the planning. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.

(2) Each planning unit that has complied with subsection (1) of this section is eligible to receive ((fifty thousand dollars for each WRIA to initiate the planning process. The department shall allocate additional funds to WRIA planning units based on need demonstrated by a detailed proposed budget submitted by the planning unit for carrying out the duties of the planning unit. Each WRIA planning unit may receive up to two hundred fifty thousand dollars for each WRIA during the first two-year period of planning, with a maximum allocation of five hundred thousand dollars for each WRIA. Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose)) watershed planning grants in the following amounts for three phases of watershed planning:

(a) Initiating governments may apply for up to fifty thousand dollars for organizing planning units in accordance with section 4(3) of this act;

(b) A planning unit may apply for up to two hundred thousand dollars for conducting watershed assessments; and

(c) A planning unit may apply for up to two hundred fifty thousand dollars for developing a watershed plan and making recommendations for actions by local, state, and federal agencies including a prioritized list of projects that would further the purpose of the plan.

(3) Preference shall be given to planning units requesting funding for conducting multi-WRIA planning ((~~under section 108 of this act~~)).

(4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

NEW SECTION. Sec. 4. INITIATION OF WATERSHED PLANNING. (1) Watershed planning may be initiated for a WRIA with the concurrence of: (a) All county legislative authorities with land in the WRIA; (b) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (c) the largest water utility obtaining water from the WRIA. To make application for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.

(2) Watershed planning may be commenced for a multi-WRIA area with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the largest water utility obtaining water in each WRIA.

(3) The organizing grant shall be used to organize the planning unit and for determining the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The initiating governments shall work with other local governments, state government, and tribal governments in developing a planning process. The initiating government may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall attempt to provide for a balance of representation.

(4) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants for developing a watershed management plan.

NEW SECTION. Sec. 5. WATERSHED ASSESSMENT GRANTS. Once the initiating governments have developed a proposed scope of work and a proposed composition for the planning unit, application for a grant for conducting a watershed assessment as provided for in RCW 90.82.040(2)(b) may be filed with the department. The department may review the proposed scope of work and the proposed composition of the planning unit. The department may approve the grant application or return it to the initiating unit with specific comments.

NEW SECTION. Sec. 6. STATE REPRESENTATION ON PLANNING GROUPS. To assist in organizing watershed planning efforts under this chapter, the governor, executive branch state agencies, and state agencies under authority of an elected official or appointed commissions may agree and organize for their representation on watershed planning groups. The initiating governments shall consult with the governor's office regarding state agency representation.

NEW SECTION. Sec. 7. IDENTIFICATION OF PROJECTS AND ACTIVITIES. The planning unit may conduct an early review of existing plans and planning activities. The planning group is encouraged to identify projects and activities that are likely to serve both short-term and long-term management goals and that warrant immediate financial assistance from the state, federal, or local government. If there are multiple projects, the planning group shall give consideration to ranking projects that have the greatest benefit and schedule those projects that should be implemented first.

NEW SECTION. Sec. 8. A new section is added to chapter 43.27A RCW to read as follows:

PLANNING CONSISTENCY. Any planning efforts initiated under this chapter shall be consistent with the planning direction and requirements of chapter 90.82 RCW.

NEW SECTION. Sec. 9. A new section is added to chapter 90.03 RCW to read as follows:

PLANNING CONSISTENCY. Any planning efforts initiated under this chapter shall be consistent with the planning direction and requirements of chapter 90.82 RCW.

NEW SECTION. Sec. 10. A new section is added to chapter 90.54 RCW to read as follows:

PLANNING CONSISTENCY. Any planning efforts initiated under this chapter shall be consistent with the planning direction and requirements of chapter 90.82 RCW.

NEW SECTION. Sec. 11. CAPTIONS. As used in this act, captions constitute no part of the law.

NEW SECTION. Sec. 12. Sections 4 through 7 of this act are each added to chapter 90.82 RCW.

NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."

ESHB 2514 - S COMM AMD

By Committee on Agriculture & Environment

NOT ADOPTED 3/6/98

On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.82.005, 90.82.030, and 90.82.040; adding new sections to chapter 90.82 RCW; adding a new section to chapter 43.27A RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.54 RCW; and creating new sections."