SENATE BILL REPORT
ESHB 1561
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As of February 27, 2008
Title: An act relating to the authority of a watershed management partnership to exercise powers of its forming governments.
Brief Description: Granting authority of a watershed management partnership to exercise powers of its forming governments.
Sponsors: House Committee on Judiciary (originally sponsored by Representatives Jarrett, Clibborn, Goodman, Springer, Eddy, Rodne and Sullivan).
Brief History: Passed House: 2/14/08, 77-17.
Committee Activity: Judiciary: 2/29/08.
SENATE COMMITTEE ON JUDICIARY
Staff: Lidia Mori (786-7755)
Background: Public agencies may enter into interlocal agreements to form a watershed
management partnership to implement all or parts of a watershed management plan, including
coordination and oversight of plan implementation. Watershed plans, salmon recovery plans,
watershed management elements of comprehensive plans and shoreline master programs, and
other types of plans are considered "watershed management plans" for these purposes. A
watershed management partnership may create a separate legal entity to conduct the cooperative
undertaking of the partnership. Such a separate legal entity may contract indebtedness and may
issue general obligation bonds.
Eminent domain is the power of a government to take private property within its jurisdiction,
usually with payment of just compensation to the owner of the property. Many different
public and private entities have been granted the power of eminent domain for public use or
for a private way of necessity. Under the Interlocal Cooperation Act, if two or more entities with
the power of eminent domain join to form a watershed management partnership, then the
partnership itself will have the power of eminent domain as well. However, in such a case, the
power of eminent domain may not extend to the separate legal entity created by a watershed
management partnership. Such a separate legal entity may not be a public agency within the
meaning of the Interlocal Cooperation Act.
Summary of Bill: A watershed management partnership and a separate legal entity created by
it to conduct the operation of the partnership may exercise the power of eminent domain if all of
the public agencies that form the partnership do themselves have the power of eminent domain.
In order to exercise this eminent domain power, a watershed management partnership or separate
legal entity must be governed by a board of directors consisting entirely of elected officials from
the cities and districts constituting the partnership.
A watershed management partnership or separate legal entity exercising its eminent domain
authority must report to the Legislature by July 1, 2010, addressing:
A watershed management partnership or separate legal entity must comply with statutory notice requirements before eminent domain power may be exercised, and must provide notice to the city, town, or county having jurisdiction over the subject property 30 days before the partnership board authorizes condemnation.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.