HOUSE BILL REPORT

SHB 1398

BYHouse Committee on Agriculture & Rural Development (originally sponsored by Representatives Baugher, McLean, Nealey, Rayburn, Inslee, Heavey, Doty, Smith, Moyer, Chandler, Betrozoff, Wolfe, Miller, Sayan, Ballard, H. Myers and Jesernig; by request of Governor Gardner)

Regarding emergency drought relief.

House Committe on Agriculture & Rural Development

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Chandler, Grant, Jesernig, McLean,H. Myers, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 27, 1989

BACKGROUND:

The Legislature has, on several occasions during recent years, enacted temporary, emergency water supply legislation in anticipation of drought conditions.  The legislation currently in effect until April 30, 1989, grants the Department of Ecology emergency authority to issue temporary water permits, to authorize temporary water transfers, and to provide certain grants and loans from monies appropriated from the receipts of bonds issued for emergency water supply projects.  It also establishes expedited permit processing procedures to be used by state and local governments regarding the emergency water supply projects.  A statute enacted for a drought forecasted to occur in 1977 also granted the Department of Social and Health Services the authority to issue certain temporary water permits.

SUMMARY:

Whenever it appears to the Department of Ecology that a drought condition exists or is forecast to exist, the Department may, with the written approval of the Governor, issue an order which grants the Department drought emergency powers. A "drought condition" is defined as being one in which water supplies for a geographic area, or for a significant portion of a geographic area, are below 75% of normal and the water shortage is likely to create undue hardships for various water uses and users.  Before issuing a drought order, the Department must obtain the views of the state and federal agencies specified in the state's drought contingency plan.  A drought order must terminate by the end of the calendar year in which it is issued or, if extended with the written approval of the Governor, by the end of the succeeding calendar year. Separate drought orders may be issued for different areas or successively for the same area.

CARRY-OVER OF CERTAIN EMERGENCY POWERS.  The authorities granted to the Department with the adoption of such an order are those the Department is currently authorized to exercise under drought emergency legislation adopted each of the last two years but which terminates on April 30, 1989.  Included is the authority to authorize temporary, emergency permits to withdraw water. (Any temporary permits previously granted terminate not later than April 30, 1989; permits authorized under this new authority must terminate not later than the termination date of the drought order under which they were granted.)  As under the current drought emergency statutes, the following apply to such emergency withdrawals and works:  the provisions of the State Environmental Policy Act and public bidding requirements are waived; state and local agencies must expedite the processing of any required permits and render decisions regarding them within 15 calendar days; and easements across public lands are authorized under certain circumstances.

The Department is also authorized to issue temporary transfers of water or water rights under the same conditions which apply under the current drought emergency laws.  As under the current emergency laws, nothing authorized under these emergency provisions may interfere with existing water rights, may establish rights to water with or without any priority, or may preclude a person from filing for a water right under the provisions of the surface or groundwater codes.  As under the current temporary law, the Department must adopt implementing rules; it may also employ additional personnel consistent with the term of a drought.

Under such a drought order (as is the case under current law), the Department may also make loans or combinations of loans and grants from emergency water supply bond monies which have been appropriated.  The provisions of current law regarding the use of these monies, the limitations on the share of a project that may be funded by these monies, and the limitations on the use of these monies for nonagricultural purposes also apply to funds used under the order.

REPEALERS.  Provisions of current law are repealed which permit the Department to authorize temporary, emergency withdrawals and transfers of water and establish other related drought emergency authorities.  Also repealed is a statute which authorized the Department of Social and Health Services to issue certain water permits during the drought forecasted to occur in 1977.

OTHER POWERS.  The Department is authorized to revise the state's drought contingency plan and to acquire needed emergency drought-related equipment.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Kaleen Cottingham, Office of the Governor; and Hedia Adelsman, Department of Ecology.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) The bill permits emergency drought procedures to be established and put on the shelf for the next drought.  When a drought is predicted to occur, an order of the Department approved by the Governor sets up the emergency procedures without having to enact new emergency legislation. (2) The bill permits a level of response to a drought that is short of an implementation of the full emergency powers of the Governor.

House Committee - Testimony Against:      None Presented.