SENATE 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

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):March 20, 1989; March 31, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Barr, Bauer, Kreidler, Owen, Sutherland.

Minority Report:  Do not pass as amended.

      Signed by Senator Amondson, Vice Chairman.

Senate Staff:Barry Brandon (786-7717); Gary Wilburn (786-7453)

                  April 3, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 31, 1989

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 one 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 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.  The committee is composed of 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.  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 which 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 for publicly-owned segments, local governments and state agencies shall pursue policies to conserve and enhance the condition of the river in accordance with the management plan.

SUMMARY:

The following river segments are added to the state's scenic rivers program:  (1) The Carbon River from its headwaters to the easterly end of Alward County Road; (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 the Tacoma headworks 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 its intersection with Rutter Parkway to its confluence with the Spokane River; and (6) both forks of the Washougal River from their headwaters to the confluence with the Columbia 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 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.

If the Governor seeks to have a river in the state scenic river system added to the federal wild and scenic rivers program, 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 will be affected as a result of the federal designation.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENT:

The Legislature intends that the designation of a scenic river will not impact agriculture, forest management or timber harvesting activities and will not be a priority issue for a forest practice application.

State agencies and local governments are directed to seek opportunities to increase public access to river areas.  The commission is directed to participate in the federal planning process for federally owned lands within the designated areas.  The Governor must obtain legislative approval before designating a river for inclusion into the federal wild and scenic river system.

The commission is required to provide a staff contact for each designated river.  A state scenic river designation does not expand or limit existing regulatory authority.

The boundaries for the Carbon, Little Spokane and Washougal Rivers are redefined.

The Joint Select Committee on Water Resource Policy may review any subject matter within the act for future modification.

Senate Committee - Testified: Rep. Jennifer Belcher (pro); Ted Cowan, WRC (con); Mike Yeager, WFPA (pro); Jerald Smallidge, Washington Prospectors Association (con); John Gintz, Skykomish Agric. Project (con); Jim Armstrong, NWIFM (con); Bruce Beckett, NWFA (con); Jill Nicholson, Pacific Lumber and Shipping Co. (con); Mel Oleson, NWRC (pro); John Douglas, NWRC (pro); Cleve Pinney, State Parks (pro); Marlyta Deck, Washington Cattlemen's Association (con); Elizabeth Tabbutt, Washington Environmental Council (pro)