FINAL BILL REPORT

SSB 6024

PARTIAL VETO

                                   C 272 L 88

BYSenate Committee on Agriculture (originally sponsored by Senators Halsan, Barr, Benitz and Hansen)

Prohibiting restriction or denial of certain agriculturally related hydraulic project permits.

Senate Committee on Agriculture

House Committe on Agriculture & Rural Development

SYNOPSIS AS ENACTED

BACKGROUND:

Farmers who have lands that abut rivers and streams often desire to install streambank stabilization structures to prevent erosion and loss of farmland.

The Departments of Fisheries and Wildlife administer the hydraulic project permit approval process.  Some people are concerned that the conditions placed on hydraulic permits for agricultural streambank stabilization projects interfere with the ability of the farmers to stabilize the streambank.

The removal of sand and gravel from a river bed can reduce the frequency and severity of flooding depending on where and how much gravel is removed.  This was recognized by the 1984 Legislature which passed legislation that requires the Department of Natural Resources (DNR) to reduce the price of sand and gravel by an amount equal to the flood protection that will result from the removal of the sand and gravel.

DNR's regulations implementing the 1984 legislation allow for a price reduction if an approved comprehensive flood control management plan indicates that flood control benefits would occur.  To date, most rivers do not have completed comprehensive flood control management plans so the price reduction is not available.  Flood control plans are being developed, but they take several years to complete.  As a result, some sand and gravel operators and local officials think that the price of river gravel remains too high and are concerned that the risk of flooding is increasing each year.

SUMMARY:

Projects requiring a hydraulic permit for streambank stabilization shall be processed and appealed in the same manner as hydraulic permits for irrigation and stock watering diversions.  Streambank stabilization is defined to include log removal, riprap, and gravel removal.  The approval for stream bank stabilization projects shall remain in effect without need for periodic renewal if the need for the project occurs annually or more frequently.

The Departments of Natural Resources and Ecology are directed to study methods of reducing flood risks by encouraging sand and gravel businesses to remove excess accumulations of materials from the beds of rivers and streams in agricultural areas.  The departments shall work with the conservation district association, sand and gravel industry, and Departments of Fisheries and Wildlife to identify alternative management policies to diminish the risks of flooding and to adjust sand and gravel prices annually to reflect local market condition.  Results of the studies shall be reported to the appropriate committees of the Legislature by December 1, 1989.

VOTES ON FINAL PASSAGE:

      Senate    46     0

      House 95   0 (House amended)

      Senate    43     0 (Senate concurred)

EFFECTIVE:June 9, 1988

Partial Veto Summary:  Section 4 was vetoed.  This section had stated that sand and gravel accumulations in rivers and streams may cause disastrous flooding and inferred that high DNR rates for sand and gravel contributed to its nonremoval.  The governor, in his veto message, stated that more environmentally sound methods should be encouraged and studied.  (See VETO MESSAGE)