H‑0206.1   _____________________________________________

HOUSE BILL 1178

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representative Ericksen

Read first time 01/19/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to placement of large woody debris; amending

_2  RCW 77.55.120; adding a new section to chapter 77.55 RCW; and

_3  creating a new section.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  The legislature recognizes that large

_6  woody debris was frequently removed from rivers and streams

_7  decades ago because of concerns that it may cause flooding

_8  downstream.  The legislature finds that the placement of large

_9  woody debris into rivers and streams serves an important function

10  in salmon recovery because the large woody debris can create pools

11  for salmon to rest and feed, and can provide salmon protection

12  from predators.  The legislature also finds that landowners are

13  sometimes required to place large woody debris into rivers or

14  streams as a condition of a hydraulic permit approval, or because

15  of rules adopted by the forest practices board.  Because

16  landowners, project sponsors, and volunteers who place large woody

17  debris into rivers and streams pursuant to a hydraulic permit

18  serve an important state purpose by helping to restore salmon

19  habitat, it is the legislature=s intent to provide immunity from

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_1  liability that may occur as a result of this activity.  It is also

_2  the intent of the legislature to increase participation of

_3  downstream property owners in decisions pertaining to placement of

_4  large woody debris.

_5      NEW SECTION. Sec. 2.  A new section is added to chapter 77.55

_6  RCW to read as follows:

_7      (1) Any landowner, or any project sponsor or volunteer working

_8  on a project from a habitat project list, who is involved in the

_9  design or placement of large woody debris into a watercourse to

10  enhance salmon or other fish recovery shall not be held liable for

11  any injury or damages resulting from ordinary negligence

12  associated with these actions, if the placement of the large woody

13  debris is in accordance with the terms of a hydraulic permit and

14  is consistent with generally accepted design guidelines.  The

15  immunity provided in this section applies, but is not limited to,

16  personal injury, property damage, flooding, erosion, damage to

17  public improvements, and other injuries or damages of any kind or

18  character resulting from the placement of the large woody debris.

19      (2) The definitions in this subsection apply throughout this

20  section:

21      (a) "Watercourse" has the same meaning as defined in WAC 220‑

22  110-020, as that regulation existed on January 1, 2001.

23      (b) "Large woody debris" means trees or tree parts larger than

24  four inches in diameter and longer than six feet and rootwads,

25  wholly or partially waterward of the ordinary high water line.

26      Sec. 3.  RCW 77.55.120 and 2000 c 107 s 17 are each amended to read

27  as follows:

28      Whenever the placement of large woody debris ((is required as a

29  condition of)), as defined in section 2 of this act, requires a

30  hydraulic permit approval issued pursuant to RCW 77.55.100 or

31  77.55.110, the department, upon request, shall invite comment

32  regarding that placement from the local governmental authority,

33  affected tribes, affected federal and state agencies, ((and)) the

34  project applicant, and downstream property owners who own property

35  within one mile of where the large woody debris is to be

36  installed.

‑‑‑ END ‑‑‑

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