BILL REQ. #: S-0594.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/14/2003. Referred to Committee on Natural Resources, Energy & Water.
AN ACT Relating to watershed management; amending RCW 39.34.020 and 35.21.210; adding new sections to chapter 39.34 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 36.89 RCW; adding a new section to chapter 35.67 RCW; adding a new section to chapter 57.08 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 87.03 RCW; adding a new section to chapter 53.08 RCW; adding a new section to chapter 85.38 RCW; adding a new section to chapter 86.09 RCW; adding a new section to chapter 86.15 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that throughout
Washington state there are many active efforts to protect, manage, and
restore watersheds. The state's river systems provide a variety of
benefits for society's many needs, so efforts to protect these
watersheds should reflect the diversity of social, environmental, and
economic factors that make the state unique.
Yet, there is a conflict between the natural flow of river systems
and the way watersheds are governed. From a hydrological standpoint,
a watershed is a single, integrated system. But these systems usually
flow through a number of cities, counties, and other municipalities as
they move from their source to the sea. As a result, many are subject
to the full range of management interests, including multiple
government entities with jurisdiction over water. In many cases, the
political boundaries of government do not align with the hydrological
boundaries of watersheds and may actually hinder the implementation of
coordinated, cooperative plans. Cooperative watershed management
actions by local governments, special districts, and utilities can help
maintain healthy watershed function and support the beneficial use of
water by these entities and protect the quality of the resource that
they use or affect. By participating in cooperative watershed
management actions, local governments, special districts, and utilities
are acting in the public interest and in a manner that is intended to
sustain maximum beneficial use and high quality of water over time and
to maintain the services that these entities provide.
Therefore, it is the intent of this act to remove statutory
barriers that may prevent local governments from working together in
the creation and implementation of cooperative, coordinated watershed
plans. In addition, it is the further intent of this act to provide
additional authorities to assist in such implementation.
NEW SECTION. Sec. 2 A new section is added to chapter 39.34 RCW
to read as follows:
(1) The legislative authority of a city or county and the governing
body of any special purpose district enumerated in subsection (2) of
this section may authorize up to ten percent of its water-related
revenues to be expended in the implementation of a watershed management
plan. Such revenues include rates, charges, and fees for the provision
of services relating to water supply, treatment, distribution, and
management generally, and those general revenues of the local
government that are expended for water management purposes. A local
government may not expend for this purpose any revenues that were
authorized by voter approval for other specified purposes or that are
specifically dedicated to the repayment of municipal bonds or other
debt instruments.
(2) The following special purpose districts may exercise the
authority provided by this section:
(a) Water districts, sewer districts, and water-sewer districts
organized under Title 57 RCW;
(b) Public utility districts organized under Title 54 RCW;
(c) Irrigation, reclamation, conservation, and similar districts
organized under Titles 87 and 89 RCW;
(d) Port districts organized under Title 53 RCW;
(e) Diking, drainage, and similar districts organized under Title
85 RCW;
(f) Flood control and similar districts organized under Title 86
RCW;
(g) Lake management districts organized under chapter 36.61 RCW;
(h) Aquifer protection areas organized under chapter 36.36 RCW; and
(i) Shellfish protection districts organized under chapter 90.72
RCW.
(3) The authority for expenditure of local government revenues
provided by this section shall be applicable broadly to the
implementation of watershed management plans, including but not limited
to plans developed under the following authorities:
(a) Watershed plans developed under chapter 90.82 RCW;
(b) Salmon recovery plans developed under chapter 77.85 RCW;
(c) Watershed management elements of comprehensive land use plans
developed under the growth management act, chapter 36.70A RCW;
(d) Watershed management elements of shoreline master programs
developed under the shoreline management act, chapter 90.58 RCW;
(e) Nonpoint pollution action plans developed under the Puget Sound
water quality management planning authorities of chapter 90.71 RCW and
chapter 400-12 WAC;
(f) Other comprehensive management plans addressing watershed
health at a WRIA level or sub-WRIA basin drainage level; and
(g) Any combination of the foregoing plans in an integrated
watershed management plan.
(4) The authority provided by this section to expend revenues for
watershed management plan implementation shall be construed broadly to
include, but not be limited to:
(a) The coordination and oversight of plan implementation,
including funding a watershed management partnership for this purpose;
(b) Technical support, monitoring, and data collection and
analysis;
(c) The design, development, construction, and operation of
projects included in the plan; and
(d) Conducting activities and programs included as elements in the
plan.
Sec. 3 RCW 39.34.020 and 1985 c 33 s 1 are each amended to read
as follows:
((For the purposes of this chapter, the term)) Unless the context
clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Public agency" ((shall)) means any agency, political
subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations,
special purpose districts, and local service districts; any agency of
the state government; any agency of the United States; any Indian tribe
recognized as such by the federal government; and any political
subdivision of another state.
((The term)) (2) "State" ((shall)) means a state of the United
States.
(3) "Watershed management partnership" means an interlocal
cooperation agreement formed under the authority of section 4 of this
act.
(4) "WRIA" has the definition in RCW 90.82.020.
NEW SECTION. Sec. 4 A new section is added to chapter 39.34 RCW
to read as follows:
Any two or more public agencies may enter into agreements with one
another to form a watershed management partnership for the purpose of
implementing any portion or all elements of a watershed management
plan, including the coordination and oversight of plan implementation.
The plan may be any plan or plan element described in section 2(3) of
this act. The watershed partnership agreement shall include the
provisions required of all interlocal agreements under RCW
39.34.030(3). The agreement shall be filed pursuant to RCW 39.34.040
with the county auditor of each county lying within the geographical
watershed area to be addressed by the partnership.
NEW SECTION. Sec. 5 A new section is added to chapter 39.34 RCW
to read as follows:
The public agencies forming a watershed management partnership
under the authority of section 4 of this act may develop and implement
a plan for financing all or one or more elements of a watershed
management plan. These public agencies may propose raising additional
revenues for this purpose from one or more sources under the existing
revenue authorities of those public agencies financing plan
implementation. The agencies shall attempt as nearly as practicable to
develop a proposal under which the total burden will be distributed
equitably upon those persons within the watershed plan area who will be
benefited by the project, program, or activity. The revenue proposal
shall be submitted at a special or general election on the same day in
all jurisdictions in which one or more elements of the proposal are to
be applicable, and shall not be implemented unless the proposal
receives a majority vote of the votes cast within each city, county,
and special purpose district participating in the proposal.
NEW SECTION. Sec. 6 A new section is added to chapter 39.34 RCW
to read as follows:
Where a watershed management partnership formed under the authority
of section 4 of this act establishes a separate legal entity to conduct
the cooperating undertaking of the partnership, such legal entity is
authorized for the purpose of carrying out such undertaking to contract
indebtedness and to issue and sell general obligation bonds pursuant to
and in the manner provided for general county bonds in chapters 36.67
and 39.46 RCW and other applicable statutes, and to issue revenue bonds
pursuant to and in the manner provided for revenue bonds in chapter
36.67 RCW and other applicable statutes. The joint board established
by the partnership agreement shall perform the functions referenced in
chapter 36.67 RCW to be performed by the county legislative authority
in the case of county bonds.
NEW SECTION. Sec. 7 A new section is added to chapter 39.34 RCW
to read as follows:
The amendments by chapter . . ., Laws of 2003 (this act) to the
interlocal cooperation act authorities are intended to provide
additional authority to public agencies for the purposes of
implementing watershed management plans, and do not affect any
agreements among public agencies existing on the effective date of this
section.
NEW SECTION. Sec. 8 A new section is added to chapter 36.01 RCW
to read as follows:
A county may, acting through the county legislative authority,
participate in and expend revenue on cooperative watershed management
actions, including watershed management partnerships under section 6 of
this act and other intergovernmental agreements, for purposes of water
supply, water quality, and water resource and habitat protection and
management.
NEW SECTION. Sec. 9 A new section is added to chapter 36.94 RCW
to read as follows:
In addition to the authority provided in RCW 36.94.020, a county
may, as part of maintaining a system of sewerage and/or water,
participate in and expend revenue on cooperative watershed management
actions, including watershed management partnerships under section 6 of
this act and other intergovernmental agreements, for purposes of water
supply, water quality, and water resource and habitat protection and
management.
NEW SECTION. Sec. 10 A new section is added to chapter 36.89 RCW
to read as follows:
In addition to the authority provided in RCW 36.89.030, a county
may, as part of maintaining a system of storm water control facilities,
participate in and expend revenue on cooperative watershed management
actions, including watershed management partnerships under section 6 of
this act and other intergovernmental agreements, for purposes of water
supply, water quality, and water resource and habitat protection and
management.
Sec. 11 RCW 35.21.210 and 1965 c 7 s 35.21.210 are each amended
to read as follows:
Any city or town shall have power to provide for the sewerage,
drainage, and water supply thereof, and to establish, construct, and
maintain a system or systems of sewers and drains and a system or
systems of water supply, within or without the corporate limits of such
city or town, and to control, regulate, and manage the same. In
addition, any city or town may, as part of maintaining a system of
sewers and drains or a system of water supply, or independently of such
a system or systems, participate in and expend revenue on cooperative
watershed management actions, including watershed management
partnerships under section 6 of this act and other intergovernmental
agreements, for purposes of water supply, water quality, and water
resource and habitat protection and management.
NEW SECTION. Sec. 12 A new section is added to chapter 35.67 RCW
to read as follows:
In addition to the authority provided in RCW 35.67.020, a city may,
as part of maintaining a system sewerage, participate in and expend
revenue on cooperative watershed management actions, including
watershed management partnerships under section 6 of this act and other
intergovernmental agreements, for purposes of water supply, water
quality, and water resource and habitat protection and management.
NEW SECTION. Sec. 13 A new section is added to chapter 57.08 RCW
to read as follows:
In addition to the authority provided in RCW 57.08.005, a water
district, sewer district, or water-sewer district may participate in
and expend revenue on cooperative watershed management actions,
including watershed management partnerships under section 6 of this act
and other intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management.
NEW SECTION. Sec. 14 A new section is added to chapter 54.16 RCW
to read as follows:
In addition to the authority provided in RCW 54.16.030 relating to
water supply, a public utility district may participate in and expend
revenue on cooperative watershed management actions, including
watershed management partnerships under section 6 of this act and other
intergovernmental agreements, for purposes of water supply, water
quality, and water resource and habitat protection and management.
NEW SECTION. Sec. 15 A new section is added to chapter 87.03 RCW
to read as follows:
In addition to the authority provided throughout this title, an
irrigation district, reclamation district, and similar districts
organized pursuant to the authority of this title may participate in
and expend revenue on cooperative watershed management actions,
including watershed management partnerships under section 6 of this act
and other intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management.
NEW SECTION. Sec. 16 A new section is added to chapter 53.08 RCW
to read as follows:
In addition to the authority provided in this chapter, a port
district may participate in and expend revenue on cooperative watershed
management actions, including watershed management partnerships under
section 6 of this act and other intergovernmental agreements, for
purposes of water supply, water quality, and water resource and habitat
protection and management.
NEW SECTION. Sec. 17 A new section is added to chapter 85.38 RCW
to read as follows:
In addition to the authority provided throughout this title,
diking, drainage, sewerage improvement, and similar districts organized
pursuant to this title may participate in and expend revenue on
cooperative watershed management actions, including watershed
management partnerships under section 6 of this act and other
intergovernmental agreements, for purposes of water supply, water
quality, and water resource and habitat protection and management.
NEW SECTION. Sec. 18 A new section is added to chapter 86.09 RCW
to read as follows:
In addition to the authority provided in this chapter, flood
control districts may participate in and expend revenue on cooperative
watershed management actions, including watershed management
partnerships under section 6 of this act and other intergovernmental
agreements, for purposes of water supply, water quality, and water
resource and habitat protection and management.
NEW SECTION. Sec. 19 A new section is added to chapter 86.15 RCW
to read as follows:
In addition to the authority provided in this chapter, flood
control zone districts may participate in and expend revenue on
cooperative watershed management actions, including watershed
management partnerships under section 6 of this act and other
intergovernmental agreements, for purposes of water supply, water
quality, and water resource and habitat protection and management.