H-2183              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 978

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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) 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 additional 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 additional 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 additional water.  For the purposes of this subsection, the phrase "water projects" includes, but is not limited to, fish passage or protective facilities.

(3) The provisions of subsection (2) of this section do not affect rights to water valid under state law on the effective date of this 1987 act.

NEW SECTION. Sec. 2.     Section 1 of this act is added to chapter 43.21A RCW.