Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Local Government Committee |
HB 1708
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. |
Brief Description: Clarifying that irrigation district facilities are not within the definition of shorelands.
Sponsors: Representatives Dent, Takko, Fagan and Nealey.
Brief Summary of Bill |
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Hearing Date: 2/3/15
Staff: Ethan Moreno (786-7386).
Background:
Shoreline Management Act.
The Shoreline Management Act of 1971 (SMA) governs uses of state shorelines and involves a cooperative regulatory approach between local governments and the state. At the local level, the SMA regulations are developed in mandatory city and county shoreline master programs (SMPs) that regulate land use activities in shoreline areas of the state. At the state level, the Department of Ecology (DOE) is charged with reviewing the locally-adopted SMPs and approving those that comply with statutory provisions and agency guidelines governing their adoption. The goals and policies of an approved SMP are an element of the county or city's comprehensive plan adopted under the GMA.
The SMA includes numerous definitions and concepts that guide the state and local governments in implementing its provisions. "Shorelines," with delineated exceptions, means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them. "Shorelands" or "shoreland areas" means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from these floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters that are subject to the SMA.
Irrigation Districts.
Irrigation districts (districts) provide for the construction, improvement, maintenance, and operation of irrigation systems, and may provide drainage, domestic water supply, and electric power facilities. Districts are established through a landowner petition process and subsequent voter approval, and a board of three, five, or seven elected directors (Board) is responsible for the management of each district. Districts may finance their operations and actions through fees, charges, and assessments, but irrigation districts do not have the authority to impose property taxes.
Summary of Bill:
The jurisdiction of the Shoreline Management Act (SMA) in shorelands or shoreland areas is modified by excluding irrigation ditches, canals, or drainage and other return flow conveyances from the definition of "shorelands" or "shoreland areas" established in the SMA.
Appropriation: None.
Fiscal Note: Requested on January 30, 2015.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.