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.

Regarding state representation in the protection of the state's water interests.


    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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