H-4615.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2719

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Ericksen, Linville, Sump, Koster, Regala, Lambert, Morris, Eickmeyer, Anderson, Fortunato, Haigh, G. Chandler, Kagi and Rockefeller)

Read first time 02/04/2000.  Referred to Committee on .

Providing immunity for placement of large woody debris into streams.

    AN ACT Relating to providing immunity for placement of large woody debris into streams; and adding a new section to chapter 75.46 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 75.46 RCW to read as follows:

    (1) The legislature recognizes that large woody debris was frequently removed from streams decades ago because of concerns that it may cause flooding downstream.  The legislature finds that the placement of large woody debris into streams serves an important purpose in salmon recovery because it can create riffle pools for salmon to rest and feed, and can provide protection for salmon from predators.  Large woody debris in streams can also benefit other fish and wildlife, and can enhance water quality.  The legislature has encouraged volunteers and project sponsors to place large woody debris into streams as part of the state's salmon recovery strategy.  The legislature also finds that landowners are sometimes required to place large woody debris into streams as a condition of a hydraulic permit approval, or because of rules adopted by the forest practices board.  Because landowners, project sponsors, and volunteers who place large woody debris into streams serve an important state purpose, it is the legislature's intent to provide immunity from liability that may occur as a result of this activity.

    (2) Any landowner, or any project sponsor or volunteer working on a project from a habitat project list, who is involved in the design or placement of large woody debris into a stream to enhance salmon or other fish recovery shall not be held liable for any injury or damages resulting from ordinary negligence associated with these actions, if the placement of the large woody debris is in accordance with the terms of a hydraulic permit and is consistent with generally accepted design guidelines.  The immunity provided in this section applies, but is not limited to, personal injury, property damage, flooding, erosion, damage to public improvements, and other injuries or damages of any kind or character resulting from the placement of the large woody debris.  For purposes of this section, the immunity from injuries or damages caused by the placement of large woody debris into a stream does not extend to the agency which issued the hydraulic permit.

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