H‑0175.1   _____________________________________________

HOUSE BILL 1006

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Morris and Lantz

Prefiled 12/28/2000.  Read first time 01/08/2001.  Referred to Committee on Technology, Telecommunications & Energy.

_1      AN ACT Relating to public utility rights-of-way on aquatic

_2  lands; and amending RCW 79.90.470.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 79.90.470 and 1984 c 221 s 5 are each amended to read

_5  as follows:

_6      The use of state-owned aquatic lands for public utility lines

_7  owned by a governmental entity, a cooperative formed under chapter

_8  23.86 RCW, a mutual corporation or association formed under

_9  chapter 24.06 RCW, or a public service company subject to

10  regulation by the Washington utilities and transportation

11  commission shall be granted without charge by an agreement,

12  permit, or other instrument if the use is consistent with the

13  purposes of RCW 79.90.450 through 79.90.460 and does not obstruct

14  navigation or other public uses.  Use for public parks or public

15  recreation purposes shall be granted without charge if the aquatic

16  lands and improvements are available to the general public on a

17  first-come, first-served basis and are not managed to produce a

18  profit for the operator or a concessionaire.  The department may

                               p. 1                       HB 1006

_1  lease state-owned tidelands that are in front of state parks only

_2  with the approval of the state parks and recreation commission.

_3  The department may lease bedlands in front of state parks only

_4  after the department has consulted with the state parks and

_5  recreation commission.

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HB 1006                        p. 2