BILL REQ. #:  S-0224.2 

Read first time 01/22/2003.   Referred to Committee on Agriculture.

     AN ACT Relating to damage to property; adding a new section to chapter 77.55 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.55 RCW to read as follows:
     (1) The department shall be responsible for any damage to public or private property that results from a requirement the department imposed as a condition on a hydraulic project approval issued under RCW 77.55.100 or other permit issued by the department, that changes the operating characteristics of tide gates. A change in operating characteristics includes but is not limited to: (a) Increasing the elevation of the water surface behind the tide gate; (b) reducing the reservoir capacity behind the tide gate; (c) decreasing the ability to drain the area behind the tide gate; or (d) increasing the intrusion of saltwater into the area above the tide gate.
     (2) As used in this section, damage includes but is not limited to: (a) Adversely affecting the operation of drain fields for septic systems; (b) increasing the elevation of the water behind the tide gate causing flooding, increased saturation of soil, or reduced drainage, resulting in loss of production in the growing agricultural crops; (c) increasing the intrusion of saltwater into areas above the tide gate that increases the toxicity of soil and reduces soil productivity; or (d) allowing an increase in the intrusion of saltwater adversely affecting the use of ground or surface waters.
     (3) Persons adversely affected by changes required by the department to a tide gate shall notify in writing both the owner of the tide gate and the department describing the damage that is occurring. The department shall investigate all complaints received and respond within thirty days of the receipt of the complaint. If the damage is determined to be ongoing, the department shall either: (a) Immediately require the return of the tide gate to its original operating characteristics; or (b) enter into an agreement with all damaged parties to compensate for the loss.
     (4) If the department fails to take action within ninety days of the submission of a written complaint, the person who claims to be damaged as a result of requirements imposed by the department may file a damage claim in the superior court in the county in which the affected property is located and may petition the court for an order nullifying the permit conditions that are causing the damage. The superior court may require the department to compensate damaged parties and to nullify permit conditions that are causing the damage. Any payment for damages shall be from the current funds appropriated to the division of the department that imposed the permit condition that resulted in damage.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.