H-0502.1  _______________________________________________

 

                          HOUSE BILL 1060

          _______________________________________________

 

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.

Allowing for the conveyance of certain forest board transfer lands to protect municipal drinking water supplies.


    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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