S-4162

AN ACT Relating to studies concerning water resource management; creating new sections; and making appropriations.

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

NEW SECTION. Sec. 1. (1) The legislature finds that it is in the public interest to convene a task force to investigate the feasibility of conducting negotiations with the United States and Indian tribes regarding federal and Indian reserved water rights.

(2) The governor shall invite the federally recognized tribes with water-related interests in the state of Washington and the relevant departments and agencies of the United States government to participate on the task force through designated representatives. The governor or the governor's designee, the attorney general or the attorney general's designee, and a member from each caucus of the legislature shall represent the state of Washington.

(3) The task force may conduct its business through work groups and shall seek and consider the recommendations of representatives of affected water users in the state.

(4) The department of ecology shall provide staff support to the task force. In its work, the task force shall consult with other states that have conducted such negotiations. The task force shall report to the standing committees of the legislature having jurisdiction over water resource and state and local government issues before January 1, 2003.

NEW SECTION. Sec. 2. (1) The governor shall convene a task force to investigate the feasibility of conducting negotiations with other states and Canada with regard to water bodies they share with the state of Washington.

(2) For the state, the task force shall consist of the following:

(a) One member from the house of representatives majority caucus;

(b) One member from the house of representatives minority caucus;

(d) One member from the senate minority caucus;

(e) One member from the governor's office;

(f) The director of the department of ecology;

(g) The attorney general or the attorney general's designee;

(h) The director of the department of fish and wildlife;

(i) One member representing cities;

(j) One member representing counties;

(k) One member representing water utilities;

(l) One member representing irrigation districts;

(m) One member representing private irrigation development;

(n) One member representing federally licensed hydropower project owners; and

(o) Two members representing environmental interests.

(3) The governor shall invite the federally recognized tribes with water-related interests in the state of Washington and the relevant departments and agencies of the United States government to participate on the task force through designated representatives.

(5) Members will serve without compensation other than that provided by members' employers.

NEW SECTION. Sec. 3. The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2003, from the general fund to the department of ecology to support the work of the task forces in sections 1 and 2 of this act.

NEW SECTION. Sec. 4. By December 1, 2002, the department of ecology shall report to the appropriate committees of the senate and house of representatives on the results of an inquiry to estimate the number of and the amount of water estimated to be represented by unused water rights within one or more representative watersheds where the information is readily available. The department's report shall also identify and evaluate various methods for reducing the number and size of these unused rights and for reconciling them in watershed assessments and plans. In carrying out this task, the department shall consult with watershed planning units regarding this problem and shall report on the views and recommendations of watershed units.

NEW SECTION. Sec. 5. (1) A joint task force is created to study judicial and administrative alternatives for resolving water disputes. The task force is organized and led by the office of the attorney general. In addition to the office of the attorney general, members of the task force include:

(a) Representatives of the legislature, including one member appointed by each caucus;

(b) Representatives of the superior courts of Washington state appointed by the president of the superior court judges association, and shall include two judicial officers of the superior court from eastern Washington and two judicial officers of the superior court from western Washington;

(d) A representative of the environmental hearings office; and

(e) A representative of the department of ecology.

(2) The objectives of the task force are to:

(a) Examine and characterize the types of water disputes to be resolved;

(b) Examine the approach of other states to water dispute resolution;

(c) Recommend one or more methods to resolve water disputes, including, but not limited to, an administrative resolution process; a judicial resolution process such as water court; or any combination thereof;

(d) Recommend an implementation plan that will address:

(i) A specific administrative structure for each method used to resolve water disputes;

(ii) The cost to implement the plan; and

(iii) The changes to statutes and administrative rules necessary to implement the plan.

(3) The office of the attorney general shall work with the staff of the standing committees of the legislature with jurisdiction over water resources to research and compile information relevant to the mission of the task force by December 31, 2002.

(4) The task force shall submit its report to the appropriate committees of the legislature no later than December 30, 2003.

NEW SECTION. Sec. 6. The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2003, from the general fund to the office of the attorney general to support the work of the task forces in sections 1 and 5 of this act.

NEW SECTION. Sec. 7. The department of ecology must convene a storm water recharge task force with representatives of city, county, and other local governments to develop local strategies for managing storm water in order to realize the greatest possible recharge of surface and ground water and to recommend necessary funding mechanisms for implementing these strategies. The task force will report to the legislature's standing committees with jurisdiction over water resources, state and local government, and fiscal committees in January 2003.

NEW SECTION. Sec. 8. The department of ecology and the attorney general's office will conduct a study to identify possible ways to streamline the water right general adjudication procedures. By December 1, 2002, the agencies will report on their findings and recommendations to the legislature.

NEW SECTION. Sec. 9. The department of ecology must conduct a study to evaluate the potential use of private certified water right examiners to improve water right administration. By December 1, 2002, the department will report on its finding and provide recommendations to the legislature.

NEW SECTION. Sec. 10. The department of ecology must create a storage permitting work group to identify, evaluate, and recommend methods to coordinate, streamline, and/or integrate state and local permits for water storage projects. The work group will report its findings and recommendations to the legislature's standing committees on water resources and state and local government in January 2003.

NEW SECTION. Sec. 11. The legislature finds that improvements in state water management capabilities are necessary to effectively provide water to people and fish. By October 1, 2002, the department of ecology shall provide the following reports relating to water management to the appropriate standing committees of the senate and house of representatives:

(1) The progress made to that date in modernizing the department's water resources-related information systems. The report shall also provide a plan and proposed schedule for completing the modernization and an estimate of the cost of completing the modernization and to make water resources information accessible by the public;

(2) The progress made to that date in establishing a stream gauging system managed by the department of ecology and local cooperators. The report shall also provide a plan and proposed schedule for completing the establishment of a state and local stream gauging network and shall estimate the cost to operate and maintain the current system, the cost to complete the system, and the cost to operate and maintain the complete system;

(3) The progress made to that date in complying with the Thurston county superior court order on water use measurement and the department of ecology's plans and schedule to complete work necessary to comply with the order. The report shall discuss the department's distribution of funds provided in the 2001-2003 biennial budget for providing assistance to persons required to install new measuring devices or improve existing devices. The report shall discuss the department's efforts to develop a data system for the storage and retrieval of water use data and shall provide a plan, a proposed schedule, and a proposed budget for the further implementation of the water use measurement program;

(4) A plan, schedule, and budget for reestablishing a system of state water masters located within the watersheds to which they are assigned;

(5) A plan, schedule, and budget for improving the administration of water right records held by the department of ecology. The department of ecology shall work with the department of revenue and with county auditors in developing recommendations for improving the administration of water rights ownership information and integrating this information with real property ownership records. The department of ecology shall evaluate the need for grants to counties to assist with recording and information management needs related to water rights ownership and title;

(6) The establishing of a state hydrologic office, under the direction of a state hydrologist, as a division within the department of ecology for the purpose of receiving and managing water use reporting data and measuring and characterizing the water resources of the state. The sole function of the office would be to obtain, maintain, and provide information;

(7) The establishing of local watershed councils and a watershed coordinating council to provide information sharing and coordination among local watershed organizations and state, federal, and tribal entities.