FINAL BILL REPORT

2SSB 6724

                                   C 47 L 88

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

Revising provisions on water resources.

Senate Committee on Agriculture and Committee on Ways & Means

House Committe on Natural Resources

SYNOPSIS AS ENACTED

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, 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.  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, 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:

A study will be conducted on the water resource policies of the state.  The Department of Ecology will contract with an independent fact-finding service.  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 parties will include state agencies, the governor's office, and interest groups.  The fact-finder must report its findings to the joint select committee by June 30, 1988.

A joint select committee will be created.  The committee shall consist of 12 members of the Legislature, equally divided from each political caucus and representing the interests of all water users.  The joint select committee will consider the fact-finder's report,  and address and recommend to the Legislature the fundamentals of water resource policy for the state.  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 fact finder and the joint select committee must consider the reports and recommendations of other state and federal studies pertaining to allocation, augmentation, conservation, and efficient use of water resources, including the department's instream resources and water allocation review.  By considering these studies, the fact-finder and joint select committee are not to duplicate the work already completed in such studies.

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

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, 1989, or the Legislature has taken express action on the recommendations of the joint select committee.  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, 1989, or the Legislature takes action on the recommendations.

For any new applications for surface water appropriations, the department 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 are conditioned so the appropriation may be revised based on legislation resulting from the committee's recommendations.  These prohibitions and conditions are not to affect existing water rights, the implementation of drought legislation under RCW 43.83B.300 through 43.83B.344 or the right to transfer water rights under RCW 90.03.380 and 90.03.390.

This water policy study is not to interfere with or affect the processing or issuance of water rights in connection with the Yakima River Basin Enhancement Project. 

Emergency and severability clauses are set forth.

VOTES ON FINAL PASSAGE:

      Senate    41     6

      House 97   0 (House amended)

      Senate    43     1 (Senate concurred)

EFFECTIVE:March 15, 1988