S-3925.3 _______________________________________________
SENATE BILL 6802
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senators Morton, Brown, West, McCaslin, Sheahan, Fraser, Oke, Hale and Rasmussen
Read first time 02/06/2002. Referred to Committee on Environment, Energy & Water.
AN ACT Relating to state representation in the protection of the state's water interests; and amending RCW 90.54.080 and 90.54.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.54.080 and 1971 ex.s. c 225 s 8 are each amended to read as follows:
The state shall
vigorously represent its interest ((before)), which shall include
impacts upon governmental subdivisions and other water rights holders regarding
water resource regulation, management, development, and use before (1)
agencies of the United States, including among others the federal ((power))
energy regulatory commission, environmental protection agency, army
corps of engineers, department of the interior, department of agriculture,
and the ((atomic energy)) nuclear regulatory commission((, and
of)); (2) interstate agencies; and (3) agencies and tribunals of
other states and provinces, including local government agencies with regard
to planning, licensing, relicensing, permit proposals, and proposed
construction, development, and utilization plans affecting the waters
of the state. Where federal ((or)), interstate, or other
state, provincial, or local jurisdictional agency plans, activities, or
procedures conflict with Washington state water policies or may
affect state interests or those of Washington state governmental subdivisions
or other water rights holders, all reasonable steps available shall be
taken by the state to preserve the integrity of this state's policies and
interests. Where judged necessary by the department or the attorney general to
protect such policies and interests, such representation may include litigation
and negotiation through appropriate processes of interstate compacts or other
available means of legal redress.
Sec. 2. RCW 90.54.140 and 1984 c 253 s 5 are each amended to read as follows:
The
legislature hereby declares that the protection of ground water aquifers which
are the sole drinking water source for a given jurisdiction shall be of the
uppermost priority of the ((state)) department ((of ecology)),
department of social and health services, and all local government agencies
with jurisdiction over such areas. In administration of programs related to
the disposal of wastes and other practices which may impact such water quality,
the department ((of ecology)), department of social and health services,
and such affected local agencies shall explore all possible measures for the
protection of the aquifer, including any appropriate incentives, penalties, or
other measures designed to bring about practices which provide for the least
impact on the quality of the ground water. The department and the attorney
general shall intervene in or initiate as necessary any action or proceeding in
or with an adjoining state, adjoining province, or agency or legal subdivision
of an adjoining state or adjoining province, upon the request of a municipality
of this state, to protect the requesting municipality's interests relating to
the allocation of the use of water or water quality of such aquifer, aquifers,
or any interstate or international nonmarine body of water. Such action may
include litigation and negotiation through appropriate processes of interstate
compacts or other available means of legal redress.
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