H-0502.1 _______________________________________________
HOUSE BILL 1060
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State of Washington 57th Legislature 2001 Regular Session
By Representatives Rockefeller, Ericksen, Barlean, Jackley, Doumit, Eickmeyer, Linville, Haigh and Esser
Read first time 01/15/2001. Referred to Committee on Natural Resources.
AN ACT Relating to reconveyance of state forest board transfer lands for drinking water protection; amending RCW 76.12.072, 76.12.073, and 76.12.074; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that as the population of the state continues to grow, there are increasing demands for state forest lands to provide open space, wildlife habitat, recreational opportunities, and the protection of watersheds and other public resources. In some parts of the state, it is becoming increasingly difficult for the department of natural resources to harvest timber on lands that are within or abut municipal watersheds. The legislature further finds that while it is the policy of the state to maintain and promote reforestation and development of forest resources, the harvesting of timber within or near a municipal watershed can result in significant costs to the municipal drinking water purveyor to adequately protect the drinking water. The legislature therefore finds that it is in the public interest to allow certain forest board transfer lands to be reconveyed to a county if the county can demonstrate that such a reconveyance will result in enhanced protection of the source of municipal drinking water within their county.
Sec. 2. RCW 76.12.072 and 1983 c 3 s 195 are each amended to read as follows:
Whenever the ((board
of)) county ((commissioners)) legislative authority of any
county ((shall)) determines that forest lands, that were acquired
from such county by the state pursuant to RCW 76.12.030 and that are under the
administration of the department of natural resources, are needed by the county
for public park use in accordance with the county and the state outdoor
recreation plans or for the protection of the source of drinking water
within or adjacent to municipal watershed boundaries, the ((board of))
county ((commissioners)) legislative authority may file an
application with the board of natural resources for the transfer of such forest
lands.
Upon the filing of an
application by the ((board of)) county ((commissioners)) legislative
authority, the department of natural resources shall ((cause)) provide
notice of the impending transfer ((to be given)) in the manner ((provided))
specified by RCW 42.30.060. If the department of natural resources
determines that the proposed use is in accordance with the state outdoor
recreation plan or that through reconveyance the lands taken out of timber
production will result in significantly greater protection of the source of
municipal drinking water, it shall reconvey ((said)) the
forest lands to the requesting county ((to have and to hold)) for so
long as the forest lands are developed, maintained, and used for the proposed
public park purpose or for protection of the source of municipal drinking
water. This reconveyance may contain conditions to allow the department of
natural resources to coordinate the management of any adjacent state owned
lands with the proposed park activity or management within the municipal
watershed boundaries to encourage maximum multiple use management and may
reserve rights of way needed to manage other state owned lands in the area.
The application shall be denied if the department of natural resources finds
that the proposed use is not in accord with the state outdoor recreation plan or
if reconveyance will not significantly contribute to the protection of the
source of municipal drinking water. The applying county must pay the department's
reasonable administrative costs associated with the reconveyance.
If the land is not, or ceases to be, used for public park purposes or the protection of the source of municipal drinking water, the land shall be conveyed back to the department of natural resources upon request of the department.
Sec. 3. RCW 76.12.073 and 1969 ex.s. c 47 s 2 are each amended to read as follows:
The timber resources on
any such state forest land transferred to the counties under RCW 76.12.072
shall be managed by the department of natural resources to the extent that this
is consistent with ((park)) the purposes of the reconveyance
and meets with the approval of the ((board of)) county ((commissioners))
legislative authority. Whenever the department of natural resources
does manage the timber resources of such lands, it will do so in accordance
with the general statutes relative to the management of all other state forest
lands. Timber resources on any such state forest land transferred to the
counties under RCW 76.12.072 will not be included for purposes of calculating
the sustainable harvest.
Sec. 4. RCW 76.12.074 and 1969 ex.s. c 47 s 3 are each amended to read as follows:
Under
provisions mutually agreeable to the ((board of)) county ((commissioners))
legislative authority and the board of natural resources, lands approved
for transfer to a county for public park purposes or protection of the
source of municipal drinking water under the provisions of RCW 76.12.072
shall be transferred to the county by deed.
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