HOUSE BILL REPORT

ESHB 1291

BYHouse Committee on Natural Resources & Parks (originally sponsored by Representatives Belcher, Brumsickle, Sayan, Wang, K. Wilson, Raiter, Dellwo, Bowman, Day, Rector, Nelson, Todd, Jacobsen and Sprenkle)

Designating additional components of the scenic river system.

House Committe on Natural Resources & Parks

Majority Report:  The second substitute bill be substituted therefor and the second substitute bill do pass.  (7)

      Signed by Representatives Belcher, Chair; K. Wilson, Vice Chair; Dellwo, Ferguson, Myers, Raiter and Sayan.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Beck, Ranking Republican Member; Brumsickle, Fuhrman and Hargrove.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES & PARKS JANUARY 16, 1990

BACKGROUND:

The 1977 Legislature enacted the State Scenic River System program administered by the State Parks and Recreation Commission.  Included as scenic rivers were three segments of the Skykomish River; from the junction of the north and south forks downstream 14 miles to the Sultan River, upstream 20 miles on the south fork, and upstream 1 mile on the south fork; the Beckler River between the Rapid River and the south fork of the Skykomish River; and the Tye River from Tye Lake to the south fork of the Skykomish River.  Since 1977, no rivers have been added to the scenic river system.

The Legislature established criteria for considering a stream as a candidate for the scenic rivers program.  A candidate river should be free- flowing, without diversions hindering recreation; have a relatively unmodified streambank; have water of sufficient quality and quantity to warrant protection; have a relatively natural setting and adequate open space; have some land along its length already in public ownership or possibly available for public access and/or scenic easement; and benefit from a coordinated management plan along its length.

The Parks and Recreation Commission may only take limited unilateral action along a scenic river.  It may seek to purchase property or easements to preserve or enhance the river or facilitate use of the river for certain public purposes.  It may purchase public access.

The commission may not use the power of eminent domain to make any purchase for scenic river purposes.  The existing law does not permit the commission or any other government agency to restrict the use of private land without written consent of the landowner or the purchase of the certain property rights.  Similarly, Department of Natural Resources land may not be affected as the department exercises its duties as land manager.

To oversee the management of the scenic rivers program, a Committee of Participating Agencies is established.  Representatives of the Departments of Ecology, Fisheries, Wildlife, Natural Resources, and Transportation, the Parks and Recreation Commission, the Interagency Commission for Outdoor Recreation, plus representatives of the Washington State Association of Counties and the Washington State Association of Cities, and two public members serve on the committee.  As local rivers are considered for inclusion in the system, the appropriate local governments also serve.

The commission can adopt management plans for a river that are consistent with the local shoreline master plan.  The Committee of Participating Agencies must review and approve the plan.  Management plans may only affect public lands within a maximum of one-quarter mile of the river.  A provision allows for the exclusion of certain public property from the management plan.  Before adopting a management plan, the committee must hold local public hearings.

Once the commission adopts a management plan, local governments and state agencies shall pursue policies to conserve and enhance the condition of the river in accordance with the management plan.

SUMMARY:

SECOND SUBSTITUTE BILL:  The following river segments are added to the state's scenic rivers program:  (1) The Carbon River from its headwaters to the powerline crossing the Carbon river in section 31, township 19 north, range 6 east (2) the Cispus River from its headwaters to a point 2.5 miles upstream from its confluence with the Cowlitz River; (3) the Green River from a point 100 yards below the Diversion Dam to the intersection with Highway 18; (4) the Lewis River from its headwaters to its backwater at Swift Reservoir; (5) the Little Spokane River from upstream boundary of the state park boat put-in site near Rutter Parkway to its confluence with the Spokane River; and (6) both forks of the Washougal River from their headwaters to where Highway 140 intersects the river.

The date by which the boundaries of the river areas must be determined is set as two years after legislative designation.

State and local governments may not impose any additional regulations on private lands solely because of the designation of the river into the state scenic river system.  No aspect of the act may be construed to affect permanent water rights obtained prior to the effective date of any designation.

The governor must obtain prior approval of the legislature before seeking to have a river in the state scenic river system added to the federal wild and scenic rivers program.  In addition, two assurances must first be obtained from the Secretary of Interior.  First, the secretary must make a binding commitment to the governor that no private property or any portion of a property right will be acquired by condemnation.  Second, the secretary must make a binding commitment that no state water allocation, past or future, will be affected as a result of the federal designation.

SECOND SUBSTITUTE BILL COMPARED TO FIRST SUBSTITUTE:  The descriptions of the upstream boundary of the Little Spokane and the Green River are more precisely identified, as is the lower boundary of the Washougal River.  Designation of the Green River shall not be a reason to limit insurance and development of water rights. more precisely described.

The language describing the steps the governor must take prior to requesting federal designation of a state scenic river requires legislative approval of the request.  The original bill only required the governor to notify the legislature of an intent to seek federal designation.  The substitute states that the binding agreement will require the Secretary of Interior to agree that neither past nor future state water allocations will be affected by the designation.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Cleve Pinnix, Steve Starlund, State Parks and Recreation Commission; John Douglas, Northwest Rivers Council; Betty Tabbutt, Washington Environmental Council; John Kirner, Tacoma Water Department and Gary Klein, Regional Water Association of South King County testified in favor if amendments are adopted.

House Committee - Testified Against:      Karen Anderson, Ted Cowan, Washington Rivers Coalition; Gary Lowe, Washington State Association of Counties; Bruce Beckett, Northwest Forestry Association; Bill Pichell, Washington Contract Loggers; Steve Albert, Citizen; Marlyta Deck, Washington Cattlemen's Association; Robert Littlefield, Albert Hover, Skykomish Agriculture Preservation Association; Jill Nicholson, Pacific Lumber and Shipping; Pam Barrett, Northwest Mining Association, Washington Association of Realtors; Bill Roberts, Washington Farm Bureau.

House Committee - Testimony For:    The process for selecting the six selected rivers involved a committee reviewing 58 candidate rivers statewide.  The committee identified 18 rivers meeting the criteria.  State Parks described management on the Skykomish River, the only river currently in the state scenic river system.  A group of citizens and local governments meets monthly with State Park staff to review any issues.  State Parks describes the river management plan as a dynamic process.  Designating rivers into the state scenic rivers system acts as a tool to manage the current on going growth. The state system should not be confused with the federal system.  Also, a river segment the governor seeks to place into the federal wild and scenic river system remains under state management.

House Committee - Testimony Against:      Designating the rivers into the state system can lead to inclusion in the federal wild and scenic rivers system.  These might lead to restrictions in timber harvest if the U.S. Forest Service manages the rivers under the most restrictive options available. Counties through which the rivers pass should have a vote on the inclusion.  Locally administered programs such as the Shorelines Management Act adequately protect rivers.  These regulations permit action such as rip rap along stream banks.  Delete the language permitting the governor to request the addition of the state scenic river into the federal system.

VOTE ON FINAL PASSAGE:

      Yeas: 65; Nays 27; Absent 1; Excused 5 - 1989.

Voting Nay: Representatives Ballard, Basich, Baugher, Beck, Betrozoff, Bristow, Chandler, Doty, Fuhrman, Jesernig, May, McLean, Moyer, Nealey, Padden, Patrick, Prince, Rayburn, Schmidt, Silver, Smith, Tate, Van Luven, Walker, S. Wilson, Wolfe and Youngsman

Absent:     Representative Gallagher

Excused:    Representatives Brough, Dellwo, Hankins, P. King and Morris