SENATE BILL REPORT

SB 5443

BYSenator Barr

Changing procedures for appeals of actions on state-owned aquatic lands.

Senate Committee on Natural Resources

Senate Hearing Date(s):February 24, 1987; March 5, 1987

Majority Report:  That Substitute Senate Bill No. 5443 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Owen, Chairman; Barr, Craswell, Patterson, Peterson, Rasmussen.

Senate Staff:Kaleen Cottingham (786-7415)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES, MARCH 5, 1987

BACKGROUND:

Any person attempting to purchase or lease state-owned lands or valuable material, or any person whose property rights or interests will be affected by such sale or lease, may first ask the agency informally to review its decision or may appeal such decision directly to court.

Concern has been raised that the "in house" appeal process is not fair because the same people who made the initial agency determination are the ones who review the decision. This issue arises as a result of the setting of the line of ordinary high water on Lake Osoyoos which then determined property lines for abutting shoreland owners.

SUMMARY:

Decisions regarding aquatic lands shall first be appealed to the Pollution Control Board.  Subsequent appeals of the decision of the Pollution Control Board shall be in superior court in the county in which the lands in question lie.

EFFECT OF PROPOSED SUBSTITUTE:

The Pollution Control Board is allowed to certify the transcript and all papers to the court on appeal.

Fiscal Note:      requested

Senate Committee - Testified: Pat McElroy, DNR; Robert Mack, attorney