AN ACT Relating to the scenic river system; amending RCW 79.72.030, 79.72.050, and 79.72.080; and adding new sections to chapter 79.72 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 79.72 RCW to read as follows:

The legislature intends that this program be implemented through cooperative management techniques and that any acquisition of property for the purposes of this chapter be through arrangement with willing sellers. Emphasis shall be placed on consensus among public jurisdictions and private interests in the development of policies and management of designated river segments.

Sec. 2. Section 3, chapter 161, Laws of 1977 ex. sess. and RCW 79.72.030 are each amended to read as follows:

(1) The department shall develop and adopt management policies for publicly owned or leased land on the rivers designated by the legislature as being a part of the state's scenic river system and within the associated river areas. The department may adopt regulations identifying river classifications which reflect the characteristics common to various segments of scenic rivers and may adopt management policies consistent with local government's shoreline management master plans appropriate for each such river classification. All such policies shall be subject to review by the committee of participating agencies. Once such a policy has been approved by a majority vote of the committee members, it shall be adopted by the department in accordance with the provisions of chapter ((~~34.04~~)) 34.05 RCW((~~, as now or hereafter amended~~)). Any variance with such a policy by any public agency shall be authorized only by the approval of the committee of participating agencies by majority vote, and shall be made only to alleviate unusual hardships unique to a given segment of the system.

(2) Any policies developed pursuant to subsection (1) of this section shall include management plans for protecting ecological, economic, recreational, aesthetic, botanical, scenic, geological, hydrological, fish and wildlife, historical, cultural, archaeological, and scientific features of the rivers designated as being in the system. Such policies shall also include management plans to encourage any nonprofit group, organization, association, person, or corporation to develop and adopt programs for the purpose of increasing fish propagation.

(3) The committee of participating agencies shall, by two-thirds majority vote, identify on a river by river basis any publicly owned or leased lands which could be included in a river area of the system but which are developed in a manner unsuitable for land to be managed as part of the system. The department shall exclude lands so identified from the provisions of any management policies implementing the provisions of this chapter.

(4) The committee of participating agencies, by majority vote, shall determine the boundaries which shall define the river area associated with any included river. With respect to the rivers named in RCW 79.72.080, the committee shall make such determination, and those determinations authorized by subsection (3) of this section, within ((~~one year of September 21, 1977~~)) two years following legislative designation.

(5) Before making a decision regarding the river area to be included in the system, a variance in policy, or the excluding of land from the provisions of the management policies, the committee shall hold hearings in accord with chapter ((~~34.04~~)) 34.05 RCW, with at least one public hearing to be held in the general locale of the river under consideration. The department shall cause to be published in a newspaper of general circulation in the area which includes the river or rivers to be considered, a description, including a map showing such river or rivers, of the material to be considered at the public hearing. Such notice shall appear at least twice in the time period between two and four weeks prior to the public hearing.

(6) Meetings of the committee shall be called by the department or by written petition signed by five or more of the committee members. The chairman of the parks and recreation commission or the chairman's designee shall serve as the chairman of any meetings of the committee held to implement the provisions of this chapter.

The committee shall seek and receive comments from the public regarding potential additions to the system, shall initiate studies, and may, through the department, submit to any session of the legislature proposals for additions to the state scenic river system. These proposals shall be accompanied by a detailed report on the factors which, in the committee's judgment, make an area a worthy addition to the system.

Sec. 3. Section 5, chapter 161, Laws of 1977 ex. sess. and RCW 79.72.050 are each amended to read as follows:

(1) All state government agencies and local governments are hereby directed to pursue policies with regard to their respective activities, functions, powers, and duties which are designed to conserve and enhance the conditions of rivers which have been included in the system, in accordance with the management policies and the rules and regulations adopted by the department for such rivers. Local agencies are directed to pursue such policies with respect to all lands in the river area owned or leased by such local agencies. Nothing in this chapter shall authorize the modification of a shoreline management plan adopted by a local government and approved by the state pursuant to chapter 90.58 RCW without the approval of the department of ecology and local government. The policies adopted pursuant to this chapter shall be integrated, as fully as possible, with those of the shoreline management act of 1971.

(2) Nothing in this chapter shall grant to the committee of participating agencies or the department the power to restrict the use of private land without either the specific written consent of the owner thereof or the acquisition of rights in real property authorized by RCW 79.72.040.

State government agencies and local governments shall not impose any additional regulation of private lands solely by reason of the designation of any river segment under this chapter. They may use their authorities under the shoreline management act of 1971, chapter 90.58 RCW, and other state laws to preclude the construction of dams and other structures which would impair the free-flowing character of the river or obstruct recreational navigation on the river.

(3) Nothing in this chapter shall prohibit the department of natural resources from exercising its full responsibilities and obligations for the management of state trust lands.

Sec. 4. Section 8, chapter 161, Laws of 1977 ex. sess. and RCW 79.72.080 are each amended to read as follows:

The following rivers of the state of Washington are hereby designated as being in the scenic river system of the state of Washington:

(1) The Skykomish river from the junction of the north and south forks of the Skykomish river:

(a) Downstream approximately fourteen miles to its junction with the Sultan river;

(b) Upstream approximately twenty miles on the south fork to the junction of the Tye and Foss rivers;

(2) The Beckler river from its junction with the south fork of the Skykomish river upstream approximately eight miles to its junction with Rapid river; ((~~and~~))

(3) The Tye river from its junction with the south fork of the Skykomish river upstream approximately fourteen miles to Tye Lake;

(4) The Carbon river from its headwaters to its confluence with the Puyallup river;

(5) The Cispus river from its headwaters to a point two and one-half miles upstream from its confluence with the Cowlitz river;

(6) The Green river downstream from the headworks, city of Tacoma pumping station to the crossing of highway 18 bridge;

(a) The city of Tacoma, Pierce county, and the regional water association of south King county shall be represented on the committee of participating agencies when the committee convenes regarding the Green river;

(b) The Green river, due to its critical use for public water supply, shall not be subject to any special limitations on issuance and development of water rights solely as a result of designation in the scenic river system;

(7) The Lewis river from its headwaters to its backwater at Swift reservoir;

(8) The Little Spokane river from its intersection with Rutter parkway near Waikiki springs and downstream to its confluence with the Spokane river; and

(9) The Washougal river and the west fork of the Washougal river from their headwaters to the confluence with the Columbia river.

NEW SECTION. Sec. 5. A new section is added to chapter 79.72 RCW are each amended to read as follows:

Nothing in this chapter shall be construed to affect permanent water rights and permits existing on the effective date of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 79.72 RCW to read as follows:

The governor may request that the secretary of the interior designate as a component of the federal wild and scenic rivers system a river or river segment from the state scenic rivers system: PROVIDED, That such a request shall be made only after the governor secures a binding commitment from the secretary that no private property or any portion of a property right on any such river will be acquired by condemnation: PROVIDED FURTHER, That the governor shall also secure a binding commitment from the secretary that no state water allocation will be affected as a result of the designation.