SENATE BILL REPORT

E2SSB 6724

BYSenate Committee on Ways & Means (originally sponsored by Senators Barr and Hansen)

Revising provisions on water resources.

Senate Committee on Agriculture

Senate Hearing Date(s):February 4, 1988

Majority Report:     That Substitute Senate Bill No. 6724 be substituted therefor, and the substitute bill do pass.

     Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Halsan, Hansen.

Senate Staff:Tom McDonald (786-7404)

                February 4, 1988

Senate Committee on Ways & Means

Senate Hearing Date(s):February 8, 1988

Majority Report:     That Second Substitute Senate Bill No. 6724 be substituted therefor, and the second substitute bill do pass.

     Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bauer, Bluechel, Cantu, Deccio, Fleming, Gaspard, Hayner, Johnson, Lee, Moore, Newhouse, Saling, Smith, Warnke, Williams, Wojahn, Zimmerman.

Senate Staff:Chuck Langen (786-7715)

                March 4, 1988

AS PASSED SENATE, FEBRUARY 13, 1988

BACKGROUND:

The Department of Ecology has the exclusive authority to establish minimum flows or levels for any stream or lake of the state.  Under the specific minimum water flow legislation, Chapter 90.22 RCW, the department may establish minimum flows for the purposes of protecting wildlife resources, or recreational or aesthetic values of the public waters whenever it appears to be in the public interest to establish the same.  Any permit to make beneficial use of water is conditioned to protect the minimum flows or levels which have been adopted and are in effect at the time the permit is approved.

Under the Water Resources Act of 1971, Chapter 90.54 RCW, the department is directed to develop and implement a comprehensive state water resources program to provide a process for making decisions on future water resource allocation and use.  Base flows are to be retained in perennial rivers and streams and any diversions from the rivers which conflict with the base flows are allowed only where it is clear that overriding considerations of the public interest will be served.

SUMMARY:

For the purposes of implementing the Water Resource Act of 1971, the Legislature finds that it has the sole and paramount duty to determine and set forth the fundamentals of water resources policy for the state, and upon enactment by the Legislature, these policies are to be implemented by the department.

A water resources study will be conducted through a mediated process.  The director of the Department of Ecology will contract with an independent mediation service to facilitate negotiations between all interested parties including members of the Legislature and representatives of state agencies and interest groups.  The parties to the negotiation process are urged to have an agreement by December 15, 1989.

The purpose of the mediated negotiations shall be to address and recommend to the Legislature the fundamentals of water resource policy for the state of Washington.  The negotiations shall evaluate and recommend the procedures for allocating the water resources of the state and the public need to prioritize the use of the water resources.  The negotiation must consider the reports and recommendations of other state and federal studies pertaining to allocation, augmentation, conservation, and efficient use of water resources.  By considering these studies, the parties to the negotiation are not to duplicate the work already completed in such studies.

The department will prepare the recommendations of the parties in a report to be presented to a joint select committee by December 31, 1989.  The joint select committee is to consist of 12 members of the Legislature, equally divided from each political caucus and representing the interests of all water users.

The department may continue implementing instream flow and water resource programs under the current guidelines and criteria; however, these guidelines and criteria may not be altered or amended until July, 1990 or the Legislature has taken express action on the recommendations arising from the negotiating process.  No new reservations of water or the preferred alternative identified in the instream resources and water allocation environmental impact statement may be adopted until July, 1990 or the Legislature takes action on the recommendations.

Emergency and severability clauses are set forth.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested February 10, 1988

Appointments by Legislature Required: Four members of the Legislature, one from each caucus and appointed by the President of the Senate and Speaker of the House of Representatives.

Senate Committee - Testified:   AGRICULTURE:  Hedia Adelsman, Department of Ecology (for); Jim Miller, Chairman, Washington Water Utilities Council (for); Elizabeth Tabbutt, Washington Environmental Council (against); John Kirner, City of Tacoma (for), Chan Bailey, Washington State Water Resources Association (for); Jim Anderson, Northwest River Council (against); Marlyta Deck, Washington Cattlemen's Association (for); David Parkinson, City of Seattle (for)

Senate Committee - Testified:   WAYS & MEANS:  Senator Barr (for); Hedia Adelsman, DOE (for)

HOUSE AMENDMENT:

The water resources study will be conducted by an independent fact-finding service and the joint select committee.  The fact-finder will consult with, and may facilitate discussions between, all interested parties on changing and clarifying the state's current water resource policy.  The fact-finder must report its findings to the joint select committee by June 30, 1988.

The joint select committee will consider the fact-finder's report, as well as other water studies, and address the future direction of the fundamental policies of the state's water resources.  The committee must consider the present and future demands on the state's water resources and the need to prioritize the use of these resources.  The committee must submit a report of its findings and recommendations to the 1989 Legislature.

The joint select committee will continue to June 30, 1991 to monitor the implementation of the committee's recommendations and of other legislation affecting water resources.  The committee may also address all issues affecting the distribution of the state's surface and ground waters.

For any new applications for surface water appropriations received after the date this bill becomes effective, the Department of Ecology cannot issue permanent permits and may only issue temporary permits which do not reduce stream flows below levels necessary for preservation of fish, wildlife and other environmental and navigational values.  These temporary permits will also be conditioned so the appropriation may be revised based on enactment of the legislation resulting from the committee's recommendations.