BP BHEAD INT S [atlas:bill]

AN ACT Relating to watershed management; amending RCW 90.82.020 and 90.82.040; adding new sections to chapter 90.82 RCW; adding a new section to chapter 90.03 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. FINDINGS. The legislature finds that the state's vital interests are served by the wise management of the state's water resources, by protecting existing water rights and dependent economies, by protecting and enhancing flows and habitat for water-related wildlife and fish, and by providing for the public health and economic well-being of the state's citizenry and communities. The legislature finds that many regions of the state are facing challenges relating to water quantity, water quality, and habitat for water-related wildlife and fish species. There are a number of bodies of water in the state that do not meet federal and state water quality standards. In several areas of the state, there has been a significant decrease in the number of fish returning to state waters and there is a growing sense of urgency to protect and enhance existing fishery resources. The pressures of a growing population and expanding economy have led some local communities to seek additional water supplies for present and future needs and to seek certainty that the supplies will be available for those needs.

The legislature finds that the challenges vary from region to region. The legislature also finds that, in many cases, addressing one water resource or fishery habitat issue can cause concerns and have effects in other areas; as a result, comprehensive watershed planning may be needed to address the variety of these challenges simultaneously.

The legislature finds that addressing these challenges efficiently and effectively requires the support and involvement of the local citizenry. The local development of these plans serves vital local interests by placing it in the hands of the people who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed; and who have the greatest stake in the proper, long-term management of the resources. The development of such plans serves the state's vital interests by ensuring that the state's water resources are used wisely, by protecting existing water rights, by protecting instream flows for fish, by protecting or enhancing water-related habitat and thus providing for the economic well-being of the state's citizenry and communities.

The legislature further recognizes that considerable effort for addressing many of the challenges is represented by the work, planning, projects, and activities that have already been completed regarding watershed management or have been initiated and are in various stages of completion. The legislature finds that, if new, coordinated watershed planning is to be initiated, it must begin with a thorough review of these completed or ongoing efforts and should incorporate their products as appropriate so as not to duplicate the work already performed or underway.

Although these challenges may require approaches that are integrated and comprehensive, the legislature finds that considerable authority currently exists to address these issues but that such authority is spread across an array of federal, state, and local governments. Integration and coordination of such authorities in ways that have support of state and local interests will be needed to develop and implement multi-interest and comprehensive solutions. The legislature further finds that new state and federal regulatory regimes are by-and-large not necessary to develop good watershed management and that local authorities in particular provide a broad array of implementation tools to support good watershed management. However, it finds that the key to meeting existing regulatory objectives is the involvement and support of local citizens and local governments working cooperatively with state, federal, and tribal governments.

NEW SECTION. Sec. 2. PURPOSE AND INTENT. It is the intent of this act to provide locally based groups with the opportunity to: Assess local water supplies and needs and develop strategies to provide adequate water for economic prosperity and environmental protection while protecting existing water rights; review water quality problems and develop a strategy for achieving compliance with water quality standards; formulate plans for protection and enhancement of water-related wildlife and fish habitat.

Chapter . . ., Laws of 1998 (this act) is enacted to: Protect existing water rights; improve the ability of local governments and citizens to be involved in the design and implementation of solutions to water quantity, water quality, and habitat needs for water-related wildlife and fish species; give high priority to addressing watersheds with multiple problems, but provide an opportunity for people in all watersheds to be involved in watershed planning if they so desire; provide a flexible mechanism for conducting locally initiated watershed planning on either a single watershed basis or, if more appropriate, on a multiple watershed basis; provide for the thorough review and inclusion, as appropriate, of work done by existing planning groups and agencies related to the scope of activities to be addressed by the planning unit; retain prerogatives of state and local governments who are directly accountable to local citizens to identify problems and formulate acceptable solutions to state and local issues; and allow local people to determine the scope of the watershed planning process while encouraging them to consider comprehensive watershed planning that includes addressing water quantity, water quality, and habitat for water-related wildlife and fish species in concert with one another.

Thus it is the intent of the legislature for watershed management to help produce: Adequate water quantity for the future, adequate water quality to protect and promote beneficial uses, sufficient protection and enhancement of habitat so that water-related wildlife and fish resources thrive to be used and enjoyed by citizens of the state.

It is also the intent of the legislature to encourage collaboration and cooperation between the wide range of interests, and local, state, federal, and tribal governments to develop solutions to watershed problems. The state of Washington wishes to recognize and maintain formal government-to-government relationships, but it also endeavors to work cooperatively with all governmental entities and representatives of citizen groups to foster effective and practical solutions that have broad-based support. It is the intent of the legislature that all of the citizens of the state of Washington work cooperatively to ensure that the management of the state's economic destiny and environmental heritage remains in the hands of Washington's citizens as much as possible.

Sec. 3. RCW 90.82.020 and 1997 c 442 s 103 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "City" means an incorporated city, code city, or town.

(2) "Department" means the department of ecology.

((~~(2)~~)) (3) "Implementing rules" for ((~~a WRIA plan~~)) integrated watershed management developed by a planning unit are the rules needed to give force and effect to the parts of the ((~~plan~~)) integrated watershed management that create rights or obligations for any party including a state agency or that establish water management policy.

((~~(3)~~)) (4) "Lead agency" means the entity identified under section 9 of this act that provides administrative staff support for and receives grants for a planning unit developing integrated watershed management under this chapter.

(5) "Management area" means the WRIA or the multiple WRIA area for which integrated watershed management is developed by a planning unit under this chapter.

(6) "Minimum instream flows" means ((~~a minimum~~)) flows that meet the requirements of minimum flows under chapter 90.03 or 90.22 RCW ((~~or a~~)) and base flows under chapter 90.54 RCW.

((~~(4)~~)) (7) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

((~~(5)~~)) (8) "Water supply utility" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district or a division or unit responsible for administering a publicly governed water supply system on behalf of a county.

((~~(6)~~)) (9) "((~~WRIA plan" or "plan~~)) Integrated watershed management" means the product of the planning unit including any rules and local ordinances adopted in conjunction with the product of the planning unit.

NEW SECTION. Sec. 4. ELEMENTS OF MANAGEMENT‑-PRIORITY PROJECTS. (1) Local governments may, at their option, provide for the development of integrated watershed management for watersheds under this chapter. Such management may be developed for any one or any combination of the following: For water quantity aspects of water resource management under section 5 of this act, for water quality aspects of water resource management under section 7 of this act, and for the protection or enhancement of water-related wildlife and fish habitat under section 8 of this act. However, if any of these three elements of integrated watershed management are initiated under this chapter, minimum instream flows shall be established for streams in the management area as provided in section 6 of this act. It is anticipated that a planning unit will not await the development of proposals for minimum instream flows under section 6 of this act to begin developing other aspects of its integrated watershed management for a management area; rather, work on these developments will be undertaken concurrently.

(2) Under this chapter, integrated watershed management may be developed by a planning unit for one or more WRIAs, but may not be developed for less than one WRIA except for those watersheds planned as pilot projects in the Methow and Dungeness/Quilcene areas before the effective date of this section.

(3) Integrated watershed management developed and approved under this chapter shall not contain provisions that (a) are in conflict with state statute, federal law, or tribal treaty rights; (b) impair or diminish in any manner a water right existing before the approval of the management under section 11 of this act, taking into consideration that rights to the use of water from a body of water issued after the establishment of a minimum instream flow for the water body may be junior or subordinate to such a flow; or (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before the effective date of this section or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before the effective date of this section.

(4) Once a planning unit has begun developing integrated watershed management under this chapter, the unit shall, as a matter of high priority:

(a) Review the planning, projects, and activities that have already been completed regarding watershed management in the management area and the products or status of those that have been initiated but not completed for such management in the management area; and

(b) Identify projects and activities in the management area that the unit believes will likely serve short-term or long-term management goals and that warrant immediate financial assistance from state, federal, or local government. The planning unit shall prioritize these projects and activities in a manner that reflects the degree to which they serve the unit's goals and the costs and the benefits of undertaking them. The unit shall submit its prioritized list to the local governments with jurisdiction and, through the lead state representative on the planning unit designated under section 10(5)(i) of this act, to the legislature and the appropriate state agencies.

NEW SECTION. Sec. 5. WATER QUANTITY. (1) Integrated watershed management established for water quantity aspects of water resource management in the management area shall include an assessment of water supply and use in the management area, including:

(a) An estimation of the amount of surface and ground water present in the management area;

(b) An estimation of the amount of surface and ground water available in the management area, taking into account seasonal and other variations;

(c) An estimation of the amount of water in the management area represented by claims in the water rights claims registry, water use permits, certificated rights, existing minimum instream flow rules, and any other quantified rights to water;

(d) An estimation of the amount of surface and ground water actually being used in the management area;

(e) A quantitative description of water estimated to be needed in the future for use in the management area;

(f) An identification of areas where aquifers are known to recharge surface bodies of water and areas known to provide for the recharge of aquifers from the surface;

(g) A quantitative description of the surface and ground water available for further appropriation, if applicable, taking into account the minimum instream flows to be adopted for streams in the management area; and

(h) Strategies for increasing water supplies in the management area, including but not limited to increasing water supplies through water conservation, water reuse, the use of reclaimed water, voluntary water transfers, and water storage enhancements. The objective of these strategies is to supply water in sufficient quantities to satisfy the minimum instream flows and to provide water for further appropriation to satisfy other future needs for water identified in (e) of this subsection.

(2) As part of the integrated watershed management, the planning unit may establish a water allocation strategy for water available for further appropriation once existing rights and minimum instream flows have been satisfied.

NEW SECTION. Sec. 6. INSTREAM FLOWS. (1)(a) Except as provided in subsections (4) and (5) of this section, minimum instream flows shall be established by rule for the principal stream or streams in the WRIA or multiple WRIA area for which integrated watershed management is developed by a planning unit under this chapter. At the time a planning unit is chosen or created under section 10 of this act or initial appointments are made by cities and counties under section 10 of this act, the cities and counties in a management area may decide, as described in section 9(5) of this act, that the planning unit will not participate in identifying such flows in the management area, in which case they shall request the department to adopt rules establishing the minimum instream flows for the principal stream or streams in the management area.

(b) In all other management areas, identifying the flow regimes that make up the minimum instream flows shall be a collaborative effort between the department and the members of the planning unit developing the integrated watershed management. As these minimum flows are developed, it shall be the duty of the department to attempt to achieve consensus among all of the members of the planning unit regarding the minimum flows to be adopted by rule by the department. If consensus on the minimum instream flows to be adopted is achieved among the members of the planning unit, the department shall promptly adopt these minimum instream flows by rule under subsection (2) of this section. Such consensus is achieved if:

(i) Each of the members of the planning unit present for a recorded vote on the proposed minimum instream flows who has been appointed to represent the state, to represent tribal government, to represent directly counties, or to represent directly cities records his or her support for the proposed minimum instream flows as part of the recorded vote or abstains from voting on the proposal; and

(ii) A majority of the members of the planning unit, other than those who have been appointed to represent the entities identified in (b)(i) of this subsection, who are present for a recorded vote on proposed minimum instream flows, records support for the proposed minimum instream flows as part of the recorded vote on the proposal.

That such a recorded vote will be taken on proposed minimum instream flows shall be announced at the official meeting of the planning unit immediately preceding the official meeting of the unit at which the vote is recorded and a notice regarding voting on proposed minimum instream flows shall be sent to each member appointed to the planning unit as soon as possible following the meeting at which such an announcement is made.

(2) If consensus among the members of the planning unit is achieved on minimum instream flows proposed for a management area under subsection (1) of this section, the department shall establish those flows by rule and the consensus process used under subsection (1) of this section constitutes negotiated rule making for the rules under chapter 34.05 RCW.

(3) If consensus is not achieved under subsection (1) of this section within two years of the date the planning unit first receives funding from the department under RCW 90.82.040 or, if such funding has been received by the planning unit before the effective date of this section, within two years of the effective date of this section, the department shall promptly initiate rule making under chapter 34.05 RCW to establish minimum instream flows for these streams as soon as possible.

(4) With regard to a management area in which minimum instream flows have been established by rule for streams in the management area before the establishment of the planning unit:

(a) If the planning unit determines that establishing new minimum instream flows for one or more of the streams is not one of its objectives or by consensus under subsection (1) of this section chooses not to change those flows, the department need not initiate additional rule making for setting instream flows for those streams under subsection (2) or (3) of this section; or

(b) If, within two years of the date the planning unit first receives funding from the department under RCW 90.82.040, consensus is not achieved under subsection (1) of this section among the members of the planning unit appointed to represent units of general government and the department, after considering in detail the assessment provided under subsection (1) of this section, decides that the minimum instream flows for one or more of the streams do not need to be altered, the department need not initiate additional rule making for setting minimum instream flows for those streams under subsection (3) of this section.

(5) Minimum instream flows shall not be proposed or adopted for the main stem of the Columbia river or the main stem of the Snake river under this chapter.

(6) A planning unit may consider adopting flows that are greater than the minimum necessary for the protection of fish. It may also consider identifying how minimum instream flows could be modified in response to the successful implementation of other elements of the integrated watershed management.

(7) As used in this section, the "principal stream or streams" are, in a management area for which the department is requested by cities and counties to adopt minimum instream flows under subsection (1)(a) of this section, the streams determined by the department to be the principal stream or streams. In any other management area, the "principal stream or streams" are the main stem of the stream with the largest annual average flow in each WRIA in the management area; and any tributary to such a main stem or any other streams in the management area that are determined to be principal streams by the planning unit by a . . . vote of the planning unit.

NEW SECTION. Sec. 7. WATER QUALITY. Integrated watershed management established for water quality aspects of water resource management in the management area shall include the following elements:

(1) An examination of the degree to which water quality standards are being met in the management area;

(2) An analysis of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;

(3) An examination of the uses of each of the bodies of water in the management area and an identification of the beneficial uses of each for water quality classification purposes;

(4) An identification of bodies of water for which basin-specific water quality standards may be adopted by rule by the department and recommendations for the water quality standards to be adopted for those bodies of water;

(5) A detailed strategy for achieving compliance with water quality standards for the bodies of water in the management area; and

(6) Means of monitoring whether actions taken to implement the strategy bring about improvements in water quality that are sufficient to achieve compliance with water quality standards.

NEW SECTION. Sec. 8. HABITAT. Integrated watershed management may be developed to protect or enhance water-related wildlife and fish habitat in the management area. Integrated watershed management developed for such purposes shall include:

(1) An analysis of the potential for protecting or enhancing water-related wildlife and fish habitat in the management area;

(2) An identification of water-related habitat protection or enhancement activities and projects and voluntary transactions providing for the purchase of water-related habitat or water-related habitat easements that would provide the greatest benefit to such habitat in the management area, and a prioritization of the activities, projects, and transactions based on their potential for providing such benefits;

(3) Means of ensuring that the activities, projects, and transactions identified under subsection (2) of this section will be undertaken; and

(4) Means of monitoring the effect of undertaking the activities, projects, and transactions identified under subsection (2) of this section on protecting or enhancing water-related wildlife and fish habitat in the management area.

NEW SECTION. Sec. 9. INITIATING INTEGRATED WATERSHED MANAGEMENT. The following is the procedure by which the development of integrated watershed management may be initiated under this chapter. For the purposes of this section, the "initiating governments" are the county with the largest area within the boundaries of a single WRIA or multiple WRIA proposed management area, the city within the proposed management area using the largest amount of water from the proposed management area, the city cumulatively diverting and withdrawing the largest amount of water from within the proposed management area, and the water supply utility that provides the largest quantity of water in the management area.

(1) The initiating governments in a single or multiple WRIA management area may initiate the development of integrated watershed management under this chapter for the area by jointly and unanimously choosing to do so. If they choose to initiate the development of integrated watershed management, the county with the largest area within the boundaries of the proposed management area shall convene a public meeting in the affected area to discuss the appointment of a planning unit for developing integrated watershed management under this chapter. Notices of the meeting shall be sent to:

(a) County governments with territory in the proposed management area;

(b) Cities located in and cities that receive water from the proposed management area;

(c) Tribal governments of federal Indian reservations located in whole or in part within the boundaries of the proposed management area;

(d) Water supply utilities located in and water supply utilities that receive water from the proposed management area;

(e) Conservation districts with territory in the proposed management area;

(f) Groups and entities that have been or are currently engaged in public planning processes within the proposed management area that involve water quantity, water quality, or fishery restoration activities. In providing this notice, the county shall make a reasonable attempt to identify and notify groups and entities that within the last five years have been or are currently engaged in such planning; and

(g) The department, which shall notify other appropriate state agencies and appropriate federal agencies.

The notice shall contain the purpose, time, and location of the meeting. The notice shall also be published at least once a week for two consecutive weeks in a newspaper of general circulation in the proposed management area.

(2) The purpose of the public meeting is to obtain comments regarding initiating the development of integrated watershed management under this chapter, the coordination of that process with ongoing planning processes and activities in the watershed, and the selection of the elements of resource management to be included in the integrated watershed management developed under the process.

(3) For developing integrated watershed management under this chapter, the county with the largest area within the boundaries of the proposed management area is the lead agency for the development of the integrated watershed management, unless the cities and counties described in subsection (5) of this section approve the designation of another governmental agency as the lead agency. Such a governmental agency shall act as the lead agency for this purpose if it agrees in writing to accept the designation.

(4) At or following the public meeting, the county that convened the meeting shall call for a vote of the cities and counties described in subsection (5) of this section as to whether to proceed with the development of integrated watershed management under this chapter in the proposed management area. If these cities and counties approve proceeding with the development of such management, the lead agency may make application to the department for funding to develop integrated watershed management under this chapter.

(5) The cities and counties that may make decisions under subsections (3) and (4) of this section may choose the type of planning unit to be used for developing integrated watershed management under this chapter in the proposed management area under section 10(2) or (3) of this act, may expand the membership of a planning unit under section 10(8) of this act, and may request the department to set minimum instream flows for a management area under section 6(1) of this act are the counties with territory in the proposed management area, and the cities located in whole or in part within the proposed management area and cities receiving water delivered from the proposed management area. To approve an action for these purposes, the cities must approve the action by majority vote, with each city having one vote, and the counties must approve the action by unanimous vote, with each county having one vote. The vote of each city and each county shall be the vote assigned directly, in person or in writing, by the elected officials of the city and directly, in person or in writing, by the members of the legislative authority of the county. For this purpose, the "elected officials" of a city are the members of the city's legislative authority and, if applicable, its elected mayor.

NEW SECTION. Sec. 10. OPTIONS FOR APPOINTING A PLANNING UNIT. (1) If the cities and counties approve proceeding with the development of integrated watershed management for a management area as described in section 9(4) of this act, the development of such management will be conducted under this chapter in the single WRIA or multiple WRIA management area by one planning unit. As provided in subsections (2) and (3) of this section, the cities and counties may choose an existing planning group as the basis for local representation on the planning unit or they may identify the composition of a new group as the basis for local representation on the planning unit. Such a choice shall be made as described in section 9(5) of this act. If the cities and counties do not choose such an existing or new group in this manner, the planning unit to be used for developing the integrated watershed management for the management area is the planning unit specified in subsection (5) of this section.

(2) If the cities and counties choose an existing planning group as the basis for local representation on a planning unit, the planning group shall have been in existence for at least one year before being so chosen. To be considered, the representation of governmental entities and interest groups on such a planning group must be generally similar to the representation identified in subsections (5)(a) through (g) and (6) of this section, or the planning group shall have a statutorily specified membership. If the cities and counties find that the existing group has the required composition and find that the scope of the group's work is or has been appropriate considering the tasks to be given the planning unit under this chapter, the cities and counties may designate the group as the basis for local participation on the planning unit. The existing group chosen in this manner plus the membership specified in subsection (5)(i) of this section and any membership provided under subsection (5)(h) of this section, which provide for representation by state and tribal governments, constitute the planning unit for developing integrated watershed management under this chapter in the management area.

(3) The cities and counties may choose as the basis for local participation on the planning unit under this chapter a new planning group tailored to the specific geographic area for which integrated watershed management will be developed. The cities and counties shall take care to ensure that the members of the planning unit represent diverse interests, and shall include the interests represented by a planning unit that would be appointed under subsections (5)(a) through (g) and (6) of this section. If the cities and counties designate a new planning group as the basis for local participation on the planning unit, the new group plus the membership specified in subsection (5)(i) of this section and any membership provided under subsection (5)(h) of this section, which provide for representation by state and tribal governments, constitute the planning unit for developing integrated watershed management under this chapter in the management area.

(4) If an existing or new group is designated under subsection (2) or (3) of this section as the basis for local participation on the planning unit, the group and therefore the planning unit it is a part of: Shall have membership positions that directly represent cities in whole or in part in the management area and these positions shall be clearly identified as such; and shall have membership positions that directly represent counties with territory in the WRIAs that make up the management area and these positions shall be clearly identified as such. The cities and counties designating a new group as the basis for local participation on the planning unit may identify a subcommittee structure for the planning unit, but the authorities granted to a planning unit by this chapter may only be exercised by the full planning unit.

(5) Unless a planning unit is created as provided in subsection (2) or (3) of this section, the planning unit that develops integrated watershed management in a single WRIA or a multiple WRIA management area under this chapter shall be composed of the following:

(a) One member representing each county with territory in the management area appointed by the county;

(b) One member representing cities for each county with territory in the management area appointed by the cities within that county;

(c) One member representing water supply utilities for each county with territory within the management area, appointed jointly by the three water supply utilities providing the largest quantity of water in the county;

(d) One member representing all conservation districts with territory within a single WRIA management area appointed jointly by those districts or, for a multiple WRIA management area, up to two members, as that number is determined by the districts, representing all conservation districts with territory within the multiple WRIA management area and appointed jointly by those districts;

(e) Three members representing various major interests in the management area appointed jointly by the cities with territory within the management area; and six members representing various major interests in the management area appointed jointly by the counties with territory within the management area;

(f) One member representing the general citizenry appointed jointly by the cities with territory within the management area;

(g) Three members representing the general citizenry appointed jointly by the counties with territory in the management area, of which at least one shall be a holder of a water right certificate and at least one shall be a holder of a water right for which a statement of claim was in the state's water rights claims registry before January 1, 1997;

(h) If one or more federal Indian reservations are located in whole or in part within the boundaries of the management area, or if one or more tribes located in this state have federally recognized ceded land within the management area or fishing rights recognized under federal case law on lands within the management area, the planning unit shall promptly extend an invitation to the tribal government of each such reservation to appoint one member representing that tribal government and to the tribal government of each such tribe to appoint one member representing that tribe; and

(i) Up to three members representing state agencies as that representation is determined by the governor. Of these, the governor shall appoint one lead state representative whose duty it is to ensure that state government ultimately speaks with one voice in developing integrated watershed management under this chapter, to coordinate the state's participation on the planning unit, and to secure and coordinate under section 14 of this act the technical assistance provided by the state to the planning unit.

(6) In appointing persons to a planning unit representing major interests in the management area, the cities and counties shall ensure that economic interests in the management area are represented and shall take care to provide a reasonably balanced representation of in-stream and out-of-stream interests in water. In doing so, the cities and counties shall consult with each other regarding the representation each is providing and may consider industrial water users, general businesses, hydroelectric and thermal power producers, and irrigated agriculture, nonirrigated agriculture, forestry, recreation, environmental, and recreational and commercial fisheries interest groups, and other groups with interests in the management area.

(7) All appointments of members of the planning unit as the planning unit is initially constituted, except those provided under subsection (5)(h) of this section, shall be made within sixty days of the date the cities and counties choose the basis of local participation on a planning unit under subsection (2) or (3) of this section or, if such a choice is not made and the membership provided in subsection (5) of this section is to be used, within sixty days of the date the cities and counties choose under section 9 of this act to proceed with the development of integrated watershed management for the management area. If an appointment is not made in a timely manner, the appointment shall be made by the counties with territory in the management area in the same manner the counties make other appointments. Each original appointment to be made under subsection (5)(h) of this section shall be made within sixty days of the date the invitation to make the appointment is extended to the tribal government by the planning unit. If an appointment is not made under subsection (5)(h) of this section in a timely manner, the position on the planning unit shall not be filled by the counties; it shall remain vacant.

(8) Within thirty days of the convening of the planning unit, the counties and cities designated in section 9(5) of this act may increase the number of members of the planning unit appointed under subsection (5)(e), (f), and (g) of this section by up to five members. The counties and cities may do so as described in section 9(5) of this act. Appointment of additional members to the planning unit shall be made within thirty days from the date application is first made to the department for funding for the planning unit.

(9) Each planning unit may invite representatives of federal agencies with jurisdiction over the subject matter for which integrated watershed management is being developed by the unit and the managers of major federal lands located within the management area to assist the planning unit by participating in the development of integrated watershed management by the unit under this chapter. Such representatives shall not be considered to be members of the planning unit for voting purposes; that is, they shall not have voting authority.

NEW SECTION. Sec. 11. DECISIONS‑-HEARINGS‑-APPROVAL. (1) The planning unit shall attempt to achieve consensus among the members of the planning unit in developing the components of its proposed integrated watershed management under section 5, 7, or 8 of this act. At a minimum, the planning unit shall not add a component to its integrated watershed management that creates an obligation for state government unless the members of the planning unit appointed to represent state government agree to adding the component; it shall not add a component that creates an obligation for a tribal government unless the member or members of the planning unit appointed to represent that tribal government agree to adding the component; it shall not add a component creating obligations for counties unless the member or members of the planning unit appointed to represent directly the counties agree to adding the component; and it shall not add a component that creates an obligation for cities unless the member or members of the planning unit appointed to represent directly the cities agree to adding the component. A member's agreeing to add a component shall be evidenced by a recorded vote of all members of the planning unit in which the member records support for adding the component.

(2) Decisions regarding setting minimum instream flows shall be made as described in section 6 of this act. Whether the minimum instream flows set for streams in the management area are or are not added as an express component of the planning unit's integrated watershed management for the management area may be determined by the planning unit, but adding or not adding the component does not affect the decisions made under section 6 of this act regarding minimum instream flows.

In addition to the aspects of integrated watershed management required for planning conducted under sections 5, 7, and 8 of this act, the planning unit shall identify within the management: The actions and activities that are necessary to implement the provisions of the integrated watershed management, to monitor the effectiveness of the implementation, and to provide any needed adaptive management; and the entities responsible for conducting these actions and activities. It shall also identify any entity responsible for the coordinated oversight of these responsibilities.

(3) As part of its integrated watershed management, the planning unit may choose to develop drafts of state administrative rules and local ordinances that would be needed to give force and effect to the parts of its integrated watershed management that would create rights or obligations for any party. If it so chooses, it may also request the appropriate state agencies, units of tribal government, and units of local government to assist it in drafting the rules and ordinances. If the planning unit requests a state agency to provide such assistance, the state agency shall provide the assistance. If such a draft is prepared, it may be approved as a component of the proposed integrated watershed management as provided in this section for similar components of the proposal.

(4)(a) Upon completing its proposed integrated watershed management for the management area, the planning unit shall publish notice of and conduct at least one public hearing in the management area on the proposal. As a minimum, the notice shall be published in one or more newspapers of general circulation in the management area. After considering the public comments and making any changes in its proposal, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of general government and a majority vote of members of the planning unit representing major interests in the management area and general citizenry components of the planning unit.

(b) Consensus among the members of the planning unit appointed to represent units of general government is achieved if each of the members of the planning unit present for a recorded vote on the proposal appointed to represent the state, to represent tribal government, to represent directly counties, and to represent directly cities records his or her support for the proposed integrated watershed management as part of a recorded vote on the proposal. However, if a representative of tribal government has not been appointed to the planning unit under this chapter or one or more of the members of the planning unit appointed to represent tribal government vote to oppose the proposed integrated watershed management as part of such a recorded vote, such general government consensus is achieved if each of the members of the planning unit present for a recorded vote on the proposal who has been appointed to represent the state, to represent directly counties, and to represent directly cities records his or her support for the proposed integrated watershed management as part of a recorded vote on the proposal. If a member of the planning unit appointed to represent tribal government votes to oppose the proposed integrated watershed management in such a recorded vote on the proposal, the state shall immediately initiate consultation with the represented tribal government regarding the portions of the integrated watershed management affecting the tribal government that are opposed by the tribal government.

(c) Consensus among the members of the planning unit appointed to represent major interests in the management area and general citizenry components of the planning unit is achieved if a majority of the members of the planning unit, other than those described in (b) of this subsection, present at the recorded vote on the proposal records support the integrated watershed management as a part of the recorded vote.

(d) If the proposal is approved by the planning unit, the unit shall submit the proposal to the counties with territory within the management area. If the planning unit has received funding beyond the initial fifty thousand dollars under RCW 90.82.040, such a proposal approved by the planning unit shall be submitted to the counties within four years of the date the funding was first received by the planning unit or the state shall develop and adopt integrated watershed management for the management area for those aspects of activities under section 5, 7, or 8 of this act for which the planning unit received funding under RCW 90.82.040.

(5) If proposed integrated watershed management is approved by a planning unit as provided in subsection (4) of this section, copies of the proposal shall be made available to the public upon request. The members of the planning unit representing state government shall ensure that copies of the proposal are transmitted for their review to: The tribal governments of each federal Indian reservation located in whole or in part in the management area; the tribal government of each federally recognized tribe that has ceded lands within the management area; and appropriate units of government in any state or province that is adjacent to the management area and inform these governments regarding hearings held under subsection (6) of this section.

(6) The legislative authority of each of the counties with territory in the management area shall provide public notice of and conduct at least one public hearing on the proposed integrated watershed management submitted under subsection (3) of this section. At a minimum, the notice shall be published in one or more newspapers of general circulation in the management area. After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed integrated watershed management for the management area, but may not amend it. Approval of such a proposal, or of their recommendations for changing the proposal, shall be made by a majority vote of the members of the various legislative authorities of the counties with territory in the management area, as such voting is specified in section 12 of this act. It is appropriate for any entity, including but not limited to a tribal government or a unit of government in a state or province that is adjacent to the management area, to provide comments on the proposal at the hearing and, if it wishes, to endorse the proposal formally at the hearing.

If a proposed integrated watershed management is not approved, it shall be returned to the planning unit with recommendations for revisions. Approval of such a revised proposal shall be made in the same manner provided for the original integrated watershed management.

(7) If integrated watershed management is approved by the planning unit and the counties for a management area under this section and that management creates obligations for agencies of state government, the obligations are binding on the state agencies and the agencies shall adopt implementing rules and take other actions to fulfill their obligations as soon as possible. If integrated watershed management is approved by the planning unit and the counties for a management area under this section and that management creates obligations for a unit of local government in the management area or with territory in the management area, the obligations are binding on the unit of local government and it shall adopt implementing ordinances and take other actions to fulfill the obligations as soon as possible.

NEW SECTION. Sec. 12. MEMBERSHIP‑-OTHER RULES. (1) Whenever voting is used by a planning unit for making decisions, each member appointed to the planning unit shall have one vote.

(2) A vacancy on a planning unit shall be filled by appointment in the same manner prescribed for appointing the position that has become vacant. The planning unit shall not interrupt its work to await additional original appointments or appointments to fill any vacancies that may occur in its membership.

(3) No person who is a member of a planning unit for a management area under this chapter may designate another to act on behalf of the person as a member or to attend as a member a meeting of the unit on behalf of the person. If a member of such a planning unit is absent from more than five meetings of the planning unit that constitute twenty percent or more of the meetings that have been conducted by the planning unit while the person is a member of the unit and these absences have not been excused as provided by this section, the member's position on the planning unit is to be considered vacant. A person's absence from a meeting may be excused: By the chair of the planning unit if a written request to do so is received by the chair before the meeting from which the member is to be absent; or by a majority vote of the members of the planning unit at the meeting during which the member is absent.

(4) For the purposes of this chapter, a county or conservation district is considered to have territory within a management area only if the territory of the county or district located in one of the WRIA's in the management area constitutes at least fifteen percent of the area of the WRIA.

(5) Integrated watershed management is approved under section 11 of this act if the legislative authority of each county with territory within the management area votes to approve the integrated watershed management. In voting to appoint members of a planning unit: Each city with territory within the WRIA shall have one vote and appointments shall be made by majority vote of such cities; each water supply utility other than those of a city or town with territory within the WRIA shall have one vote and appointments shall be made by majority vote of such districts; and each conservation district with territory within the WRIA shall have one vote and appointments shall be made by majority vote of such districts.

Sec. 13. 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.)) The department shall develop and administer a grant program to provide direct financial assistance to WRIA planning units for the preparation of integrated watershed management under this chapter. Three separate grants may be awarded pursuant to this section. These grants are initial organizing grants, grants for watershed assessments and establishment of instream flows, and grants for the development of integrated watershed management and implementation. The total amount of the grants may not exceed five hundred thousand dollars for each WRIA. The department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.

(2) An initial organizing grant of up to fifty thousand dollars for each WRIA may be awarded to a lead agency that applies to the department and indicates that integrated watershed management is to be developed under this chapter. Organizing grants may be expended for any purpose authorized by the department, including but not limited to determining the scope of work to be addressed by the integrated watershed management for the management area; collecting and reviewing relevant studies and plans that already exist for the watershed, including growth management related plans in which critical areas have been designated pursuant to chapter 36.70A RCW; determining how the integrated watershed management for a management area can be coordinated with existing studies and plans; and baseline monitoring of water within the watershed.

(3)(a) A watershed assessment and instream flow establishment grant of up to two hundred thousand dollars for each WRIA may be awarded to a planning unit that certifies to the department that it adequately represents a broad range of interests within the watershed, and that it is willing to undertake at least one or more of the following as part of its integrated watershed management for its management area: Integrated watershed management for the protection or enhancement of water-related wildlife and fish habitat, integrated watershed management for water quantity, integrated watershed management for water quality, or the establishment of minimum instream flows for the principal stream or streams in the area. The planning unit must submit a detailed proposed budget that demonstrates the need for the grant.

(b) Grants awarded pursuant to this subsection (3) shall be awarded for a two-year period. The two-year time period shall begin to run when the lead agency for the planning unit first received the initial organizing grant under subsection (2) of this section. For a planning unit that did not submit an application for an initial organizing grant, the two-year time period shall begin to run when the planning unit receives a grant under this subsection (3).

(4) A management development and implementation grant in an amount of up to two hundred fifty thousand dollars for each WRIA may be awarded to a planning unit that submits evidence that a minimum instream flow has been determined for the principal stream or streams within the area under this chapter; and an assessment of the watershed has been adequately prepared in sufficient detail for the purposes for which the watershed assessment and instream flow establishment grant was awarded; the integrated watershed management that will be developed for the management area will not be in conflict with federal laws, state statutes, or tribal treaty rights; and its development will be coordinated with adjacent jurisdictions for purposes of minimum instream flows and water quality, if water quality was addressed as part of the watershed assessment. The planning unit must submit a detailed proposed budget that demonstrates the need for the grant. Any moneys made available for implementation in a management area under this section are available only for implementation that commences after integrated watershed management has been adopted for the area under section 11 of this act.

(5)(a) The department shall use the following eligibility criteria instead of rules when evaluating grant applications at each stage of the grants program:

(i) The application has documented that the planning unit meets all of the requirements of this chapter;

(ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and

(iii) The application and supporting information evidences a readiness to proceed.

(b) In ranking grant applications submitted at each stage of the grants program except for the initial organizing grant under subsection (2) of this section, the department shall give preference to applications in the following order of priority:

(i) Applications that are comprehensive in the scope of integrated watershed management by proposing to address the following issues:

(A) Protection and enhancement of water-related fish and wildlife habitat;

(B) Water quality protection and enhancement; and

(C) Water supply to meet the needs of growing population and in watersheds where additional water supply is critical to continued economic health;

(ii) Applications that address a WRIA or multiple WRIAs to enable a planning unit to develop integrated watershed management for an entire watershed, an entire tributary system to the Columbia or Snake rivers, or an entire evolutionarily significant unit under the federal endangered species act;

(iii) Applications that propose to address protection and enhancement of water-related fish and wildlife habitat in watersheds that have aquatic species listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq.;

(iv) Applications that propose to address protection and enhancement of water quality in watersheds with impaired water quality; and

(v) Applications that address water supply needs in watersheds with growing populations and in watersheds where additional water supply is critical to continued economic health.

(6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.

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

~~(4)~~)) (7) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

(8) The department may adopt its implementing rules that have been approved by counties as part of integrated watershed management and may adopt rules when necessary to implement this section or section 6(2) of this act either by the regular rules adoption process provided in chapter 34.05 RCW, the expedited rules adoption process as set forth in RCW 34.05.230, or through a rules adoption process that uses the public hearings and notice provided by the planning unit and the county legislative authority as a substitute for the rules adoption requirements of chapter 34.05 RCW. If the planning unit and county legislative authority hearings and notice are used as a substitute for the regular rules adoption process, the rules do not take effect until they are published in the Washington state register. Such rules do not constitute significant legislative rules as defined in RCW 34.05.328, and do not require the preparation of small business economic impact statements.

NEW SECTION. Sec. 14. TECHNICAL ASSISTANCE. (1) The lead state representative on a planning unit designated under section 10(5)(i) of this act shall establish a program to provide technical assistance to planning units and local governments to encourage and facilitate the adoption and implementation of integrated watershed management for management areas developed under this chapter. The program shall not establish requirements or standards that must be satisfied by the integrated watershed management developed under this chapter and no part of the program may have the effect of a rule adopted under chapter 34.05 RCW.

(2) The program shall use any staff assigned by the governor for this task, the staff of state agencies, and staff from institutions of higher education to assist in the development of integrated watershed management under this chapter, including but not limited to assistance in determining and explaining how best available science will be incorporated into integrated watershed management for a management area, developing methods for effectively monitoring performance, providing the criteria that represents acceptable performance for key elements of the integrated watershed management for a management area, and the method of reporting performance to the public, local communities, and the state. In providing assistance under this section, the lead state representative shall recognize regional and local variations that exist in different parts of the state.

(3) The lead state representative on a planning unit shall assist planning units in ensuring that integrated watershed management developed under this chapter is coordinated with, and consistent with, the integrated watershed management of other planning units that share common borders or major stream basins. The state shall provide mediation services to resolve disputes between planning units.

(4) The department may contract out technical assistance if the lead state representative finds that it is cost-effective and will assist in implementing the intent of this chapter.

(5) The department shall conduct an annual workshop for planning units to share successful approaches, as well as difficulties, in addressing specific problems within watersheds.

(6) All state agencies with rule-making authority for programs that affect the development and implementation of integrated watershed management developed under this chapter shall review those rules and programs for consistency with this chapter and make recommendations to the legislature for any necessary statutory changes.

NEW SECTION. Sec. 15. EXEMPTIONS. Activities or actions taken to protect or enhance water-related wildlife and fish habitat cannot be required to be modified by any integrated watershed management adopted under this chapter or any state rules or local ordinances adopted to implement this chapter if the activities or actions are: (1) Part of a habitat conservation plan and permit, an incidental take statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (2) part of an agreement regulating forest practices, which is approved by the department of natural resources and other appropriate state agencies under the forest practices act, chapter 76.09 RCW, for the affected habitat. The exemption from regulation provided by this section applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, or statement. Any assessment conducted under section 5, 7, or 8 of this act shall take into consideration such activities and actions.

NEW SECTION. Sec. 16. EXISTING WATER RIGHTS PROTECTED. Nothing in this chapter may be construed as affecting or impairing in any manner whatsoever water rights existing before the effective date of this section.

NEW SECTION. Sec. 17. A new section is added to chapter 90.03 RCW to read as follows:

LIMITATIONS ON NEW WITHDRAWALS. If the management area for which integrated watershed management is being developed under section 5, 7, or 8 of this act includes the evolutionary significant unit of an aquatic species listed or proposed for listing as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., and minimum instream flows have not been established for each of the principal streams in the management area, the department shall consider limiting or restricting the issuance of permits withdrawing water from the bodies of water in the management area until minimum instream flows have been established for the principal streams in the management area. The limitation or restriction may take the form of withdrawing the area from further appropriation by rule, closing the area to further appropriation, or postponing decisions on applications for the permits until the minimum instream flows have been established.

NEW SECTION. Sec. 18. Captions used in this act are not part of the law.

NEW SECTION. Sec. 19. Sections 2, 4 through 12, and 14 through 16 of this act are each added to chapter 90.82 RCW.

NEW SECTION. Sec. 20. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.