H-4080.1 _______________________________________________
HOUSE BILL 2855
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Talcott, Carrell and Chandler
Read first time 01/21/98. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to lake management; amending RCW 90.24.010, 90.24.020, 90.24.030, 90.24.040, and 90.24.050; and repealing RCW 90.24.060 and 90.24.066.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.24.010 and 1985 c 398 s 28 are each amended to read as follows:
Ten
or more owners, or an organization of ten or more owners, of real
property abutting on a meandered lake may petition the superior court of the
county in which the lake is situated, for an order to provide ((for the
regulation of the outflow of the lake in order to maintain a certain water
level therein)) lake management activities and facilities on the lake
and to finance these activities and facilities with the imposition of costs on
property abutting the lake. Lake management activities and facilities that may
be provided under this chapter include: (1) Facilities to maintain the water
level of the lake; (2) fish ladders and other devices to conserve and protect
fish and game fish in lakes; (3) control or removal of aquatic plants and
vegetation; (4) improvement of water quality; (5) storm water diversion and
treatment; (6) control of agricultural wastes; (7) study of lake water quality
problems and solutions; (8) cleaning and maintenance of ditches and streams
entering or leaving the lake; and (9) payment to the county or city to regulate
water safety on the lake. The related administrative, engineering, legal, and
operational costs of providing these activities and facilities may be financed
with these funds.
The
superior court, after holding a hearing with notice being
provided as required in this chapter, ((is authorized to)) may
make an order fixing the water level ((thereof and directing the department
of ecology to regulate the outflow therefrom in accordance with the purposes
described in the petition)) of the lake, authorizing other lake
management activities and facilities, and establishing and imposing the costs
to finance these activities and facilities.
This section shall not apply to any meandered lake or reservoir used for the storage of water for irrigation or other beneficial purposes, or to lakes navigable from the sea.
Sec. 2. RCW 90.24.020 and 1939 c 107 s 3 are each amended to read as follows:
((Such))
A petition filed with a superior court under RCW 90.24.010 shall:
(1) Contain a ((complete description of)) copy of an assessment
roll from the county assessor, obtained in the current year, describing the
property surrounding ((said)) the lake ((with)) and
indicating the number of ((front)) lineal feet of
waterfront contained in each tract ((with)) abutting the lake and
the name and address of the owner ((thereof and his address together
with)) of each tract; (2) include a brief statement of the reasons
and necessity for ((such)) the application; ((that)) (3)
describe the lake management activities and facilities that are desired; and
(4) ask that the court impose the costs on each tract abutting the lake to
finance these activities and facilities.
Any
actions taken and devices installed to establish or maintain the level ((sought
to be established will)) of the lake may in no ((wise)) way
interfere with the navigability of ((said)) the lake or in any
manner affect or interfere with fish or game fish which may be then contained
or may thereafter be deposited in ((said)) the lake, but ((that
in order)) fish ladders and other devices may be installed to conserve
and protect fish or game fish ((in said lake the construction of fish ladders
or other devices may be required to conserve and protect such fish or game
fish, then in that event the property owners to be benefited by the
establishment of said water level in such lake shall be required to pay the
cost thereof, in proportion to)).
Lake
management activities and facilities shall be financed by the costs being
imposed on each benefitted tract abutting the lake, based upon the lineal
feet of waterfront ((owned by each)) of the tract.
Sec. 3. RCW 90.24.030 and 1994 c 264 s 88 are each amended to read as follows:
The
petition shall be entitled "In the matter of ((fixing the level of))
authorizing and funding lake management activities for Lake
. . . . . . in . . . . . .
county, Washington", and shall be filed with the clerk of the court and a
copy thereof, together with a copy of the order fixing the time for hearing the
petition, shall be ((served on)) mailed to each ((owner)) resident
of property abutting on the lake and the owner of the property if different,
not less than ten days before the hearing. Like copies shall also be ((served
upon)) mailed to the director of fish and wildlife and the director
of ecology. ((The copy of the petition and of the order fixing time for
hearing shall be served in the manner provided by law for the service of
summons in civil actions, or in such other manner as may be prescribed by order
of the court.)) For the benefit of every riparian owner abutting on a
stream or river flowing from such lake, a copy of the notice of hearing shall
be published at least once a week for two consecutive weeks before the time set
for hearing in a newspaper in each county or counties wherein located, said
notice to contain a brief statement of the reasons and necessity for such application.
Sec. 4. RCW 90.24.040 and 1985 c 398 s 29 are each amended to read as follows:
At
the hearing held on the matter by the superior court, evidence shall be
introduced in support of the petition and all interested parties may be heard
for or against it. The court shall make findings and conclusions and enter an
order granting or refusing the petition, and if the petition is granted, shall
fix the water level to be maintained ((and direct the department of ecology
to regulate and control the outflow of the lake so as to properly maintain the
water level so far as practicable within maximum and minimum limits when the
proper control devices are installed: PROVIDED, That)), authorize the
lake management activities and facilities, and impose the costs to finance
these activities and facilities.
The
court shall have continuing jurisdiction after a petition is once granted and
shall, upon subsequent petition filed and heard in accordance with the
preceding sections, make such further findings and conclusions and enter such
further orders as are necessary to accomplish fully the objectives sought in
the ((initial petition: AND PROVIDED FURTHER, That shall)) subsequent
petition, including adjusting or extending the costs imposed to finance the
lake management activities and facilities.
The petition shall be refused if the court finds that
any ((such)) riparian owners abutting on a stream or river flowing from
such lake will be adversely affected in any way by ((the granting of
such a petition, such petition shall be refused)) changing the water
level of the lake.
Sec. 5. RCW 90.24.050 and 1988 c 127 s 82 are each amended to read as follows:
((In
the event)) The superior court shall ((find that to
protect fish and game fish in said lake that fish ladders or other devices
should be constructed therein or that other construction shall be necessary in
order to maintain the determined lake level, the court shall find the proper
device to be constructed,)) determine the probable annual
costs ((thereof and by its order and judgment)) of the lake
management activities and facilities that it authorizes and shall apportion
the costs ((thereof among the persons whose)) on property
((abuts on said)) abutting the lake in proportion to the lineal
feet of each waterfront ((owned by each, which sum so found)) tract.
Costs
imposed on any tract shall constitute a lien against ((said real
property and)) the tract. Costs shall be paid to the county treasurer
and ((by him)) placed in a special fund to be known as "Lake
. . . . . . Improvement Fund." ((The director
of ecology shall appoint a suitable person to be compensated by the property
owners to regulate the determined level as decreed by the court.))
NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:
(1) RCW 90.24.060 and 1994 c 264 s 89, 1988 c 36 s 68, & 1987 c 109 s 106; and
(2) RCW 90.24.066 and 1988 c 133 s 1.
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