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SECOND
SUBSTITUTE SENATE BILL 5536
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 03/08/1999.
Creating
a pilot project for a municipal watershed on state trust lands.
AN
ACT Relating to state forest lands and municipal drinking water protection; and
amending RCW 79.01.128.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
79.01.128 and 1971 ex.s. c 234 s 11 are each amended to read as follows:
(1)
In the management of public lands lying within the limits of any watershed over
and through which is derived the water supply of any city or town, the
department may alter its land management practices to provide water with
qualities exceeding standards established for intrastate and interstate waters
by the department of ecology: PROVIDED, That if such alterations of management
by the department reduce revenues from, increase costs of management of, or
reduce the market value of public lands the city or town requesting such
alterations shall fully compensate the department.
(2)
The department shall initiate a pilot project for the municipal watershed
delineated by the Lake Whatcom hydrographic boundaries to determine what
factors need to be considered to achieve water quality standards beyond those
required under chapter 90.48 RCW and what additional management actions can be
taken on state trust lands that can contribute to such higher water quality
standards. The department shall establish an advisory committee consisting of
a representative each of the city of Bellingham, Whatcom county, the Whatcom
county water district 10, the department of ecology, the department of fish and
wildlife, and the department of health, and three general citizen members to
assist in this pilot project. In the event of differences of opinion among the
members of the advisory committee, the committee shall attempt to resolve these
differences through various means, including the retention of facilitation or
mediation services.
(3)
The pilot project in subsection (2) of this section shall be completed by June
30, 2000. The department shall defer all timber sales in the Lake Whatcom
hydrographic boundaries until the pilot project is complete.
(4)
Upon completion of the study, the department shall provide a report to the
natural resources committee of the house of representatives and to the natural
resources, parks, and recreation committee of the senate summarizing the
results of the study.
(5) The exclusive manner, notwithstanding any provisions of
the law to the contrary, for any city or town to acquire by condemnation
ownership or rights in public lands for watershed purposes within the limits of
any watershed over or through which is derived the water supply of any city or
town shall be to petition the legislature for such authority. Nothing in this
section, RCW 79.44.003 and chapter 79.68 RCW shall be construed to affect any
existing rights held by third parties in the lands applied for.
