SENATE BILL REPORT

SB 6334

BYSenator Metcalf

Expanding the uses of rights of way over state lands.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 29, 1990; January 31, 1990

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Vic Moon (786-7469)

                  February 12, 1990

AS PASSED SENATE, FEBRUARY 10, 1990

BACKGROUND:

Many of the rights-of-way that are used for power lines are locked and cannot be used for any sort of recreation such as horseback riding or hiking.  With the increasing demand for recreational opportunities, controlled use of rights-of-way could provide large areas for recreation use.  Existing state laws limit the adjacent property owners and the lessors of rights-of-way from liability.

SUMMARY:

The Department of Natural Resources is granted authority to open rights-of-way that have been granted for telephone lines, ditches, flumes or utility lines.  The department may open the lands for horseback riding and hiking when the use is not inconsistent with the use of the grant holder.  The department may adopt rules governing the use of rights-of-way including rules closing access to the general public when the areas are set aside as watershed to provide water to cities and counties.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one