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SUBSTITUTE HOUSE BILL NO. 978
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AS AMENDED BY THE SENATE
C 517 L 87 PV
State of Washington 50th Legislature 1987 Regular Session
By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, Baugher, Bristow, Doty and Lewis)
Read first time 2/27/87 and passed to Committee on Rules.
AN ACT Relating to water projects in the Yakima river basin; amending section 3, chapter 316, Laws of 1986 (uncodified); and adding a new section to chapter 43.21A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 3, chapter 316, Laws of 1986 (uncodified) is amended to read as follows:
(1) The director of the department of ecology shall:
(((1)))
(a) Continue to participate with the federal government in its studies
of the Yakima enhancement project and of options for future development of the
second half of the Columbia Basin project;
(((2)))
(b) Vigorously represent the state's interest in said studies,
particularly as they relate to protection of existing water rights and
resolution of conflicts in the adjudication of the Yakima river within the
framework of state water rights law and propose means of resolving the conflict
that minimize adverse effects on the various existing uses;
(((3)))
(c) As a cooperative federal and nonfederal effort, work with members of
the congressional delegation to identify and advance, subject to the
limitations in subsection (2) of this section, for federal authorization
elements of the Yakima enhancement project which: Have general public support
and acceptable cost-sharing arrangements, meet study objectives, and otherwise
have potential for early implementation; and
(((4)))
(d) In developing acceptable cost-sharing arrangements, request federal
recognition of state credit for expenditures of moneys from Washington state
utility ratepayers.
(2) In the interest of promoting cooperation between all interested parties and to effectuate the efficient and satisfactory implementation of the Yakima enhancement project, the state requests that Congress authorize the construction of a pipeline between Keechelus Lake and Kachess Lake as one of the elements of early implementation of the Yakima enhancement project for the purpose of supplying the water which is demanded for and caused by the operation of the fish passage facilities at the Easton Dam. The department, in concert with other state agencies, shall work diligently to assure that the pipeline element is included in the federal legislation.
(3) While the state and federal governments develop and implement the various phases of the Yakima enhancement project, the policy of the state shall be to require that any new water project or modification of an existing water project that creates a new demand for surface water from the Yakima river system include as a part of that project or modification a supply of water to meet the demand created. Any permit or other authorization required for the project that must be issued by an agency of the state shall include this requirement for water as one of its conditions. For the purposes of this subsection, water supplied by proposals to raise the reservoir elevation of Lake Cle Elum by three feet shall not be considered such a supply of water. For the purposes of this section, the phrase "water projects" includes, but is not limited to, fish passage or protective facilities.
(4) Nothing contained in subsection (3) of this section shall limit any individual or entity from entering into any interim operating agreement, including but not limited to those that may be permitted by chapter 90.54 RCW, for the construction of any new water project or modification of an existing water project pending the completion of facilities which create the water required for the operation of such new or modified water project.
(5) The provisions of this section, including but not limited to the interim operating agreements recognized under subsection (4) of this section, shall not interfere with or impact the availability of water necessary to fulfill existing water rights, and the specific elements, uses, or methods of acquisition of those rights recognized under state water right laws.
NEW SECTION. Sec. 2. Section 1 of this act is added to chapter 43.21A RCW.