AN
ACT Relating to obsolete provisions in the water code; amending RCW 90.54.030,
90.54.040, 90.54.050, 90.22.010, and 90.54.100; and repealing RCW 43.21A.460,
90.54.190, and 90.54.200.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
90.54.030 and 1990 c 295 s 2 are each amended to read as follows:
For
the purpose of ensuring that the department is fully advised in relation to the
performance of the water resources program provided in RCW 90.54.040, ((and
to provide information and support to the joint select committee established in
RCW 90.54.024,)) the department is directed to become informed with regard
to all phases of water and related resources of the state. To accomplish this
objective the department shall:
(1)
Develop a comprehensive water resource data program that provides the
information necessary for effective planning and management on a regional and
state-wide basis. The data program shall include an information management
plan describing the data requirements for effective water resource planning,
and a system for collecting and providing access to water resource data on a
regional and state-wide basis((. The water resource data program shall also
include a resource inventory and needs assessment pursuant to subsection (5) of
this section));
(2)
Collect, organize and catalog existing information and studies available to it
from all sources, both public and private, pertaining to water and related
resources of the state;
(3)
Develop such additional data and studies pertaining to water and related
resources as are necessary to accomplish the objectives of this chapter; and
(4)
Develop alternate courses of action to solve existing and foreseeable problems
of water and related resources and include therein, to the extent feasible, the
economic and social consequences of each such course, and the impact on the
natural environment((;
(5)
Establish a water resources data management task force to evaluate data
management needs, advise the joint select committee on water resource policy,
the legislature, and the department in developing an information management
plan, and conduct a water resource inventory and needs assessment. The task
force shall include representatives of appropriate state agencies, Indian
tribes, local governments, and interested parties. The task force shall
include expertise in both water resources and resource data management. The
task force shall make recommendations to the department on developing a data
base for water resource planning throughout the state. In conducting the water
resource inventory and needs assessment, the task force shall oversee the
inventory of existing data and determine what additional data is needed for
effective water resource planning and management. The task force shall
otherwise provide continuing guidance to the joint select committee on water
resource policy, the legislature, and the department in developing and
maintaining an effective information management plan. The department shall
coordinate the water resource data program to provide water resource
information that meets the needs of the comprehensive water resources program
and planning process provided for in RCW 90.54.040;
(6)
Prior to September 1, 1990, provide a report to the chairs of the appropriate
legislative committees based on the preliminary findings and recommendations of
the water resources data management task force. The report shall document the
current information flows and data collection processes for state water
resources data, and shall include an analysis of task force recommendations for
developing additional information to meet water resource data needs. The
report shall further include an estimate of funding requirements to implement
the water resources data program for consideration in future biennial budget
decisions;
(7)
Prior to implementation of any preliminary findings and recommendations
pursuant to subsection (6) of this section, and contingent on legislative
appropriation, develop a five-year plan for data collection and information
management approved by the department of information services. Commencing July
1, 1991, the department shall provide annual reports to the chairs of the
appropriate legislative committees on the development and implementation of the
five-year plan and progress toward completion of the water resource inventory
and needs assessment; and
(8)
Establish pursuant to task force recommendations a process to resolve technical
issues in the development and implementation of the water resource inventory and
needs assessment)).
All
the foregoing shall be included in a "water resources information
system" established and maintained by the department. The department
shall develop a system of cataloging, storing and retrieving the information
and studies of the information system so that they may be made readily
available to and effectively used not only by the department but by the public
generally.
Sec.
2. RCW
90.54.040 and 1988 c 47 s 5 are each amended to read as follows:
(1)
The department, through the adoption of appropriate rules, is directed, as a
matter of high priority to insure that the waters of the state are utilized for
the best interests of the people, to develop and implement in accordance with
the policies of this chapter a comprehensive state water resources program
which will provide a process for making decisions on future water resource
allocation and use. The department may develop the program in segments so that
immediate attention may be given to waters of a given physioeconomic region of
the state or to specific critical problems of water allocation and use.
((The
current guidelines, standards, or criteria governing the elements of the water
resource program established pursuant to this subsection shall not be altered
or amended after March 15, 1988, in accordance with RCW 90.54.022(5).))
(2)
In relation to the management and regulatory programs relating to water
resources vested in it, the department is further directed to modify existing
regulations and adopt new regulations, when needed and possible, to insure that
existing regulatory programs are in accord with the water resource policy of
this chapter and the program established in subsection (1) of this section. ((The
current guidelines, standards, or criteria governing the department's
implementation of this subsection shall not be altered or amended after March
15, 1988, in accordance with subsection (1) of this section.))
(3)
The department is directed to review all statutes relating to water resources
which it is responsible for implementing. When any of the same appear to the
department to be ambiguous, unclear, unworkable, unnecessary, or otherwise
deficient, it shall make recommendations to the legislature including
appropriate proposals for statutory modifications or additions. Whenever it
appears that the policies of any such statutes are in conflict with the
policies of this chapter, and the department is unable to fully perform as
provided in subsection (2) of this section, the department is directed to
submit statutory modifications to the legislature which, if enacted, would
allow the department to carry out such statutes in harmony with this chapter.
Sec.
3. RCW
90.54.050 and 1988 c 47 s 7 are each amended to read as follows:
In
conjunction with the programs provided for in RCW 90.54.040(1), whenever it
appears necessary to the director in carrying out the policy of this chapter,
the department may by rule adopted pursuant to chapter 34.05 RCW:
(1)
Reserve and set aside waters for beneficial utilization in the future, and
(2)
When sufficient information and data are lacking to allow for the making of
sound decisions, withdraw various waters of the state from additional
appropriations until such data and information are available.
Prior
to the adoption of a rule under this section, the department shall conduct a
public hearing in each county in which waters relating to the rule are
located. The public hearing shall be preceded by a notice placed in a
newspaper of general circulation published within each of said counties. Rules
adopted hereunder shall be subject to review in accordance with the provisions
of RCW ((34.05.538 or)) 34.05.240.
((No
new rules or changes to existing rules to reserve or set aside water may be
adopted pursuant to this section, as provided in RCW 90.54.022(5).))
Sec.
4. RCW
90.22.010 and 1994 c 264 s 86 are each amended to read as follows:
The
department of ecology may establish minimum water flows or levels for streams,
lakes or other public waters for the purposes of protecting fish, game, birds
or other wildlife resources, or recreational or aesthetic values of said public
waters whenever it appears to be in the public interest to establish the same.
In addition, the department of ecology shall, when requested by the department
of fish and wildlife to protect fish, game or other wildlife resources under
the jurisdiction of the requesting state agency, or if the department of
ecology finds it necessary to preserve water quality, establish such minimum
flows or levels as are required to protect the resource or preserve the water
quality described in the request or determination. Any request submitted by
the department of fish and wildlife shall include a statement setting forth the
need for establishing a minimum flow or level. When the department acts to
preserve water quality, it shall include a similar statement with the proposed
rule filed with the code reviser. This section shall not apply to waters
artificially stored in reservoirs, provided that in the granting of storage
permits by the department of ecology in the future, full recognition shall be
given to downstream minimum flows, if any there may be, which have theretofore
been established hereunder.
((The
current guidelines, standards, or criteria governing the instream flow programs
established pursuant to this chapter shall not be altered or amended after
March 15, 1988, in accordance with RCW 90.54.022(5).))
Sec.
5. RCW
90.54.100 and 1971 ex.s. c 225 s 11 are each amended to read as follows:
The
department of ecology shall as a matter of high priority evaluate the needs for
water resource development projects and the alternative methods of financing of
the same by public and private agencies, including financing by federal, state
and local governments and combinations thereof. Such evaluations shall be
broadly based and be included as a part of the comprehensive state water
resources program relating to uses and management as defined in RCW 90.54.030.
((A report of the department relating to such evaluations, including any
recommendations, shall be submitted to the legislature in accordance with RCW
90.54.070.))
NEW
SECTION. Sec. 6. The
following acts or parts of acts are each repealed:
(1) RCW
43.21A.460 and 1983 1st ex.s. c 18 s 1;
(2) RCW
90.54.190 and 1994 sp.s. c 9 s 856 & 1989 c 348 s 11; and
(3) RCW
90.54.200 and 1993 sp.s. c 4 s 11.
