SENATE BILL REPORT

SB 5196

BYSenators Barr, Hansen, Talmadge, Williams, Conner, Madsen, Gaspard, McMullen and Benitz; by request of Governor

Regarding emergency drought relief.

Senate Committee on Agriculture

Senate Hearing Date(s):January 31, 1989; February 7, 1989

Majority Report:  That Substitute Senate Bill No. 5196 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Bailey, Gaspard, Hansen, Madsen.

Senate Staff:Bob Lee (786-7404); David Monthie (786-7198)

                  February 9, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 7, 1989

BACKGROUND:

The state has experienced actual or possible drought years in 1977, 1987, and 1988.  In each of those years, the Legislature enacted legislation to provide temporary drought relief measures.  In 1988, the Legislature enacted SB 6513, which provided for the development of a drought contingency plan and drought relief activities, to be funded out of the emergency agricultural water supply funds.  Many believe that a permanent mechanism for addressing drought situations as they occur should be provided in statute in order to avoid the necessity of legislative action each time a drought is anticipated.

SUMMARY:

Emergency powers are provided to the Department of Ecology to take action in times of drought.  Drought condition is defined as a situation where a geographical area has less than 75 percent of normal water supplies, and this water shortage is likely to create undue hardships for various water uses and users.

The department is authorized to adopt a regulatory order authorizing emergency actions when a drought condition exists or is forecast, after consultation with other federal and state agencies, and upon the approval of the Governor.  Emergency actions that the department may take include:  authorizing emergency withdrawals of public surface and groundwater for specific periods of time; approving temporary changes in water rights permits, which would not require publication of notice or compliance with SEPA; employing additional persons for specific periods; revising the drought contingency plan; and acquiring drought-related equipment.

Emergency withdrawals of water are allowed only for existing activities through rights previously applicable to public waters, and at quantities that will not reduce flows below "essential minimums" required for fisheries or federal or state interests in power generation, navigation, and existing water rights.

The department is authorized to make loans, grants, or a combination thereof, from emergency agricultural water supply funds.  The funds may be used for nonagricultural purposes only if there are no other capital budget funds available, and only up to a total of 10 percent of funds available on March 15, 1988.

The department is authorized to promulgate implementing rules.  Nothing in the act may interfere with existing water rights, and is not to establish permanent rights.

EFFECT OF PROPOSED SUBSTITUTE:

A drought condition can be declared if a portion of a geographic area has less than 75 percent of a normal seasonal water supply.  Reference to an RCW section which is later repealed in the bill is deleted.  The expenditure of drought funds is limited to only the time during which drought conditions exist.  In determining whether drought conditions exist, the department needs to obtain approval from the Governor with the additional requirement that the approval be in writing.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 25, 1989

Senate Committee - Testified: Hedia Adelsman, Department of Ecology; Jeanne Dickman, Washington State Water Resources Association