SENATE BILL REPORT

SB 5891

BYSenators Barr, Williams, Benitz, Lee, Madsen and Bauer

Revising provisions on water resource policy.

Senate Committee on Agriculture

Senate Hearing Date(s):February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5891 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:David Monthie (786-7198)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 23, 1989

BACKGROUND:

The Legislature in 1988 established the Joint Select Committee on Water Resource Policy.  Its principal purpose was to examine the fundamentals of water resource policy for the state.  The Department of Ecology was to contract with an independent fact-finding service to survey interest groups throughout the state to identify the major policy issues that should be reviewed by the Joint Select Committee.  The committee was required to review the report of the independent fact-finding service, conduct hearings, and issue a report to the Legislature by the beginning of the 1989 session.  It was authorized to continue functioning until July 1, 1991.  Limitations were imposed on the authority of the Department of Ecology with regard to certain water resource policy decisions until July 1, 1989, or until the Legislature acted on the Joint Select Committee's recommendations.

The Joint Select Committee issued its report to the Legislature in January, 1989.  In the report, the committee made no specific recommendations as to changes in the law on water policy, but it outlined the process it intended to follow in reviewing those policies and making recommendations to the Legislature by July 1, 1991.  It further recommended that the restrictions on the Department of Ecology be removed except with regard to water reservations, provided that the Joint Select Committee was given the ability to review decisions of the department that may affect the committee's actions on state water policies.

SUMMARY:

The Joint Select Committee is to report periodically to the Legislature as to its recommendations in certain water resource areas.  A process for review is established, including authorization for the committee to establish a public advisory group and a technical advisory group to assist it, and to hire specialized consultants.

The Department of Ecology is prevented from adopting any new water reservations unless they are conditioned on legislation or regulations developed as a result of work of the Joint Select Committee.  The department, through a process to be agreed on, is required to consult with the committee on decisions that may affect the water policy areas to be reviewed until 1991.

Certain provisions regarding the independent fact-finder services are deleted.  Specific provisions limiting the authority of the Department of Ecology in certain water resource management areas are eliminated.

EFFECT OF PROPOSED SUBSTITUTE:

Local agencies are to be represented on the technical advisory group.  Language is added to clarify the bill's intent not to affect existing water rights.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 17, 1989

Senate Committee - Testified: Jim Miller, Washington Water Utility Council; Joe Daniels, Washington Association of Water and Wastewater Districts; Elizabeth Tabbutt, Washington Environmental Council; Marlyta Deck, Washington Cattlemen's Association; Tom Mortimer, Washington PUD Association; Chan Bailey, citizen