BILL REQ. #:  S-0914.2 

Read first time 01/26/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to liability for inadequate storm water control in densely populated urban areas; adding a new section to chapter 90.03 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) The western portion of Washington state is characterized by high annual rainfall, including locally exceptional precipitation causing high flood peaks;
     (b) Such events can cause enormous property damage and devastating personal injury, and can also present high costs to the state for emergency services, disaster assistance, and the repair and replacement of roads, bridges, utilities, and other public works;
     (c) Many urban land uses decrease the ability of upstream lands to store storm waters, thus increasing runoff and making densely populated urban areas particularly susceptible to flooding; and
     (d) Many storm water control facilities have been placed in natural watercourses that are used for storm water conveyance. If such systems are not properly designed and maintained, and if storm water planning and control is not adequate, the capacity of the watercourse may be exceeded, contributing to the magnitude of flood events and attendant downstream damages.
     (2) It is the intent of the legislature to:
     (a) Encourage storm water management and flood prevention; and
     (b) Establish a minimum standard of care for the design, development and maintenance of adequate storm water control facilities in natural watercourses within urban growth areas of high population density.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.03 RCW to read as follows:
     (1) This section applies only to cities situated within counties described in RCW 36.70A.215(7).
     (2) The definitions in this subsection apply throughout this section.
     (a) "Natural watercourse" means a channel with a defined bed and banks or a depression or swale that in its natural condition acts to drain water flowing perennially or intermittently.
     (b) "Storm water control facility" means any facility, improvement, development, property, or interest therein, that is made, constructed, or acquired, for the purpose of controlling, or protecting life or property from, any storm, waste, flood, or surplus waters.
     (3) Within urban growth areas designated under RCW 36.70A.110, and where drainage to a natural watercourse has been increased significantly beyond the capacity of the watercourse in its natural condition:
     (a) A city must make diligent efforts to develop, maintain, and enhance the capacity of storm water control facilities to protect life and property from flooding and attendant damages; and
     (b) A city is liable in an action for damages to a person whose property is damaged by flooding if the damages would have been avoided by the city's exercise of reasonable care in developing, maintaining, and enhancing the capacity of storm water control facilities.