SENATE BILL REPORT

SB 6724

BYSenators 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)

                February 9, 1988

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 4, 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 committee is established to address and recommend to the Legislature the fundamentals of water resource policy for the state of Washington.  The committee is to assess the extent of and demand on the water resources of the state and evaluate the public needs and priorities of water use.  The committee is to consist of members of the Legislature and individuals from specified interest groups.  Members are to be appointed by the governor except members of the Legislature who will be appointed by the Speaker of the House and President of the Senate.  The committee will submit a report to the Legislature on or before January 1, 1990.

The department may not implement the recommendations of the committee until the Legislature has taken express action on the recommendations.  No further action can be taken by the department on the instream flow programs and the continued implementation of the comprehensive water resource program.

EFFECT OF PROPOSED AGRICULTURE SUBSTITUTE:

The 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 specific interest groups.  The parties to the negotiation process are urged to have an agreement by December 15, 1988.

The department will prepare the recommendations in a report to be presented to a joint select committee by December 31, 1988.  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, 1989 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, 1989 or the Legislature takes action on the recommendations.

An appropriation of $200,000 is provided to the department from the Emergency Water Project Revolving Fund for the cost of the negotiation process.  Each state agency participating or represented in the negotiation process is requested to contribute to the cost of the process.

Emergency and severability clauses are set forth.

EFFECT OF PROPOSED WAYS & MEANS SUBSTITUTE:

Same as above except four legislative members, one from each caucus, are specified for the committee.  Travel reimbursement is provided for nongovernmental members.  State agencies are not requested to contribute to the cost of the negotiation.  The appropriation is removed.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

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:   Senator Barr (for); Hedia Adelsman, DOE (for)