FINAL BILL REPORT
E2SHB 2860
C 6 L 06
Synopsis as Enacted
Brief Description: Regarding water resource management in the Columbia river basin.
Sponsors: By House Committee on Capital Budget (originally sponsored by Representatives Grant, Newhouse, Hankins, Haler, Walsh and McCune).
House Committee on Economic Development, Agriculture & Trade
House Committee on Capital Budget
Senate Committee on Water, Energy & Environment
Background:
The 2005 Capital Budget contained a $10 million appropriation to the Department of Ecology
(Department). However, the funding in the appropriation may not be used by the Department
unless and until the Legislature takes action to establish policy requirements for a new water
resources and water rights management program for the mainstem of the Columbia River.
Summary:
Columbia River Water Supply Inventory
The Department is required to work with stakeholders in developing an initial Columbia
River Water Supply Inventory (Inventory) and Water Demand Forecast by November 15,
2006. The Department must update the Inventory each year after 2006 and update the Water
Demand Forecast every 5 years. The Inventory must identify potential conservation and
storage projects in the Columbia River basin, as well as estimate the costs and benefits of the
projects. The Inventory must also rank the identified projects in a number of different ways.
This includes rankings of the projects in order of expense, benefits to fish, and benefits to
out-of-stream needs.
Columbia River Basin Water Storage and Supply Account
The Columbia River Basin Water Supply Development Account (Account) is created. The
Account is allowed to accept direct appropriations, payments made pursuant to voluntary
regional agreements, and other sources.
Expenditures from the Account may be used to assess, plan, and develop new water storage,
improve existing storage, fund conservation projects, and implement actions designed to
provide new access to water in the Columbia River Basin.
Before any funds from the Account can be used for construction, the Department must
evaluate the water uses the new facility will serve, the benefits and costs of the project, and
alternative means of achieving the same goals.
The $10 million appropriation in the 2005 Capital Budget is amended to specify that the
money may be used to begin implementing the goals of the Account. Specific water supply
projects are identified for the Department as a focus of their implementation of the
appropriation.
Allocation of "new" water
Water supplies that are developed and secured through projects funded by the Account must
be used in specified ways. Two-thirds of this water must be dedicated to out-of-stream uses,
while one-third must be used by the Department to enhance instream flows.
Voluntary regional agreements
The Department is given the specific authority to enter into voluntary regional agreements
that establish the approval conditions for water withdrawals from the Columbia River and
Snake River. These agreements must be limited to specific geographical areas and to parties
that use or propose to use water from the mainstem of the Columbia and Snake rivers.
Prior to entering into a voluntary regional agreement, the Department must consult with the
Department of Fish and Wildlife and watershed planning groups regarding the benefits that
could be produced for fish, wildlife, and other instream values. Any draft agreements are
subject to a 30-day public review and comment period. Before providing final consultation
to the Department, the Department of Fish and Wildlife must consult with fisheries
co-managers.
When voluntary regional agreements lead to the allocation of water for out-of-stream uses,
the Department is given specific directions as to how the water is to be allocated. All
allocations must ensure that water provided for out-of-stream uses does not cause a reduction
in stream flows in the mainstem of the Columbia River during July or August, or in the Snake
River between April and August. Water use applicants utilizing the voluntary regional
agreement process to access new appropriations must agree to efficient water use practices.
The authority to enter into voluntary regional agreements expires on June 30, 2012. Any
agreements entered into prior to the expiration date remain in effect subject to the terms of
the agreement.
Conserved water
Except for water conserved within the federal Columbia Basin Reclamation project, when the
state funds water conservation from the Account to benefit the mainstem of the Columbia
River, conserved water must be held in trust by the Department in the same proportion as the
share of funding that was provided by the state for the project that led to the water
conservation. This portion of the conserved water must be used to improve instream flows to
benefit fish and other instream values.
Columbia Mainstem Water Resources Information System
The Department must establish and maintain a Columbia Mainstem Water Resources
Information System (System) to provide information necessary for effective resource
planning and management on the mainstem of the Columbia River. In developing the
System, the Department must consult with, and rely on information provided by, other public
entities operating in the basin.
The System must address the total aggregate quantity of water rights on the Columbia River
mainstem and the total volume metered and reported by water users.
The act is null and void if $200 million is not provided in a separate bond authorization act.
Votes on Final Passage:
House 94 4
Senate 48 0
Effective: July 1, 2006