BILL REQ. #: H-1671.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/16/11.
AN ACT Relating to creating a water commission; and adding a new chapter to Title 90 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that there is a
critical need to establish a single purpose agency to administer
Washington's water resource laws and that the agency be directly
accountable to the voters of this state.
The legislature declares that a water commission is necessary for
the effective management of the water resources of the state. The
legislature further declares that there is a growing necessity to
provide for the increasing need of the state and its citizens for water
for industrial, agricultural, residential, social, economic,
recreational, environmental, and other needs and to plan, coordinate,
restore, and regulate the utilization of our water resources in a
manner that ensures that the public interest is protected.
The legislature declares that it is in the public interest that a
coordinated, integrated policy be formulated and means provided for the
development and implementation of plans and programs to enlarge the
usable water resources of this state and to promote and secure the
maximum beneficial use and control of all water resources to meet the
growing need for economic development while giving due consideration to
the environmental needs of the state.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Chair" means the chair of the commission.
(2) "Commission" means the Washington water commission.
(3) "Commissioner" means a member of the commission.
(4) "Department" means the department of ecology.
(5) "Public interest" means all uses of the water resources of this
state and its impact on the state and its citizens, including the use
of water for domestic, industrial, commercial, agricultural,
irrigation, hydroelectric power production, mining, thermal power
production, recreation, and the preservation of environmental values
and all other uses compatible with the enjoyment of the public waters
of this state.
NEW SECTION. Sec. 3 There is created a department of state
government to be known as the Washington water commission. The
commission has the following powers, duties, and functions with regard
to water resources:
(1) The supervision of the public waters within the state and their
appropriation, diversion, and use, and of the various officers and
employees of the state connected therewith;
(2) The supervision of construction and inspection of all
waterworks for the purposes of reasonably securing safety to life and
property;
(3) Determinations as to the discharge of streams and springs and
other sources of water supply, and the capacities of lakes and of
reservoirs whose waters are being or may be utilized for beneficial
purposes;
(4) Providing assistance to applicants for a water right in
obtaining or developing an adequate and appropriate supply of water
consistent with the land use permitted for the area in which the water
is to be used and the population forecast for the area under RCW
43.62.035;
(5) Maintaining records as may be necessary for the recording of
financial transactions and statistical data thereof;
(6) Making written reports of the commission's work to the governor
and the legislature with recommendations for legislation as the
commission deems advisable;
(7) Exercising all the powers and duties prescribed by law with
respect to flood control;
(8) The adoption of rules for the administration of Washington
water resource laws;
(9) Supervision over Washington water resource laws for the purpose
of ensuring that the administration of the laws and the use and
conservation of water resources benefits the public interest; and
(10) Performing other duties as may be prescribed by law.
NEW SECTION. Sec. 4 (1) All powers, duties, and functions of the
department pertaining to those duties set out in section 3 of this act
are transferred to the commission. All references to the director or
the department in the Revised Code of Washington shall be construed to
mean the chair or the commission when referring to the functions
transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department
pertaining to the powers, functions, and duties transferred shall be
delivered to the custody of the commission. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed
by the department in carrying out the powers, functions, and duties
transferred shall be made available to the commission. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the commission.
(b) Any appropriations made to the department for carrying out the
powers, functions, and duties transferred shall, on the effective date
of this section, be transferred and credited to the commission.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department engaged in performing the
powers, functions, and duties transferred are transferred to the
jurisdiction of the commission. All employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the commission
to perform their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing state civil
service.
(4) All rules and all pending business before the department
pertaining to the powers, functions, and duties transferred shall be
continued and acted upon by the commission. All existing contracts and
obligations shall remain in full force and shall be performed by the
commission.
(5) The transfer of the powers, duties, functions, and personnel of
the department shall not affect the validity of any act performed
before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the personnel
resources board as provided by law.
NEW SECTION. Sec. 5 (1) The commission may appoint an
administrative officer to be the administrative head of the commission.
The commission may delegate to the administrative officer the exercise
or discharge in the commission's name any authority, duty, or function
of whatever character vested in or imposed by law upon the commission,
except that the commission may not delegate its authority to adopt or
amend rules and regulations.
(2) Notwithstanding any delegation of power authorized under
subsection (1) of this section, the commission shall at all times have
authority to withdraw such delegation and to oversee, supervise, and
direct the administrative head of the commission in connection with the
implementation of the duties and responsibilities of the commission.
NEW SECTION. Sec. 6 (1) The commission consists of seven
members.
(2) The commissioners are appointed by the governor with the advice
of the Washington state senate.
(3) The commissioners serve at the pleasure of the governor.
NEW SECTION. Sec. 7 Sections 1 through 6 of this act constitute
a new chapter in Title