SENATE BILL REPORT

SB 5846

BYSenator Metcalf

Creating liability for damage caused from surface water runoff.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 23, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5846 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Barr, Benitz, Kreidler, Owen.

Senate Staff:Barry Brandon (786-7717)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 1, 1989

BACKGROUND:

Many areas of Washington experience rainfall which can lead to substantial surface water runoff.  In most cases, vegetative cover and natural water courses, combined with artificial structures to guide the runoff, protect down-gradient owners from suffering damage.  However, poorly planned development and removal of vegetative cover may combine to increase surface water runoff, which in turn may lead to extensive damage to down-gradient owners if action is not taken to properly channel such waters.

SUMMARY:

A landowner is liable for all damages to other land caused by a discharge of water if the landowner alters the natural flow or quantity of the water.  The section does not apply to diversion and collection of water for the irrigation of agricultural land.  "Person" is defined by RCW 1.16.080 and includes political subdivisions of the state of Washington.

EFFECT OF PROPOSED SUBSTITUTE:

A landowner is not liable under this section if his/her action was approved by a state or local government permit.  If a permit is issued without compliance with all applicable regulations of the issuing government, that entity shall be liable under this section.

This section shall not apply to livestock watering or forest practices permits issued under RCW 76.09.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one