AN ACT Relating to water resource policy; amending RCW 90.54.024, 90.54.030, 90.54.040, 90.54.050, and 90.22.010; creating new sections; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 3, chapter 47, Laws of 1988 and RCW 90.54.024 are each amended to read as follows:

(1) There is hereby created a joint select committee on water resource policy to address the findings reached by the fact-finding service pursuant to RCW 90.54.022 to review the state's water resource policies, and to perform the other functions outlined in this section. The committee shall consist of twelve voting members appointed jointly by the speaker of the house of representatives and the president of the senate. The speaker of the house of representatives and the president of the senate may each appoint nonvoting members to participate in the meetings of the joint select committee. The voting membership shall be equally divided from each major political caucus and shall, to the extent possible, represent all major water interests, including but not limited to agriculture, fisheries, municipal, environmental, recreational, and hydroelectric.

(2) The staff support shall be provided by the senate committee services and the office of program research as mutually agreed by the cochairs of the joint select committee. The cochairs shall be designated by the speaker of the house of representatives and the president of the senate. Staff support may include the employment of one or more specialized staff for the exclusive purpose of assisting and coordinating the activities of the joint select committee.

(3) In addition to the responsibilities identified in subsection (6) of this section, the purpose of the joint select committee shall be to ((address and recommend in a written report to the full legislature the fundamentals of water resource policy for the state of Washington. The joint select committee shall review and evaluate the report of the fact-finding service and shall hold a minimum of four public hearings throughout the state)) review the state's fundamental water resource policies and periodically report its findings and recommendations to the legislature. In conducting its review, the committee shall consider the social, economic, and environmental impacts of alternative policies and programs. The committee may review the water resource programs and policies of other states for their potential applicability to the state of Washington.

The committee in its discretion may review existing policies, programs, and practices that affect the state's water resources, including but not limited to the following issues:

(a) Protection of instream flow levels;

(b) Water allocation;

(d) Water resource planning;

(e) Administrative structure of water resources programs;

(f) Federal and Indian reserved water rights claims;

(g) Water transfers;

(h) New water sources;

(i) Tributary ground water;

(j) Funding of water resources programs and projects;

(k) Relationship of water quality and water resources programs; and

(l) Coordination of state and federal programs affecting water resources.

The committee shall ((~~recommend in its report the procedures for allocating water resources of the state, considering~~)) consider the findings of the fact-finding service and the present and projected future demands on the use of the state's water resources((~~. The joint select committee shall further evaluate the need to prioritize the use of the water resources of this state~~)) in its review. During its review, the committee shall conduct public forums or meetings on an informal basis to insure broad public input, and may hold public hearings, at the committee's discretion, on policy recommendations to be made to the full legislature.

(4) The joint select committee may include in its ((~~report~~)) recommendations ((~~for~~)) to the legislature, proposed revisions to existing laws ((to set forth the water policies of the state and may also recommend revisions to existing law to give direction to the department of ecology and other agencies and officials in carrying out the fundamental water policies of the state as adopted by the legislature)) that:

(a) Provide for uniform procedures for water allocation and other decisions;

(b) Provide for consistent statutory standards; and

(5) In order to ensure a thorough technical and public review of the state's water resource policies, the joint select committee ((shall submit its written report of findings and recommendations to the 1989 legislature. A draft report shall be completed by December 1, 1988, and distributed to interested parties. The final report shall be distributed and a public hearing shall be held no later than one week prior to the first day of the 1989 legislative session)) may do the following:

(a) Establish a technical advisory group that will provide technical support and assistance to the committee. This group shall consist of no more than ten members. Its membership shall include technical experts in water-related areas from state, local, and federal agencies and from the public at large. It will meet at such times and for such purposes as the committee directs. Members of this group shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060;

(b) Establish a public advisory group that will assist the committee in drafting legislation and will provide comments and suggestions to the committee on concepts, ideas, or proposed legislation. This group shall consist of no more than ten members. Its membership shall represent a broad variety of interest groups with an interest or expertise in water resource policies. It will meet at such times and for such purposes as the committee directs. Members of this group shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060;

(c) Contract for additional research or consultant work in subjects where the committee determines that there is a need for more extensive or detailed studies in order to properly complete its review. The committee may contract for a skilled mediator or facilitator to assist it in conducting public review of any proposed policies or legislation.

(6) The joint select committee shall monitor ((~~the~~)) actions taken to implement the recommendations made in ((~~the~~)) any written report ((~~required in subsection (5) of this section~~)) to the legislature and the results of any legislation enacted affecting the fundamental water resource policies of the state. ((At its discretion, the joint select committee may address issues affecting the allocation, efficient use, conservation, or distribution of surface and ground water to achieve the maximum benefits to the state. The committee shall report periodically to the legislature)) In order to ensure that the committee is afforded a timely and meaningful review prior to taking any actions that may affect the state's water resource policies and unduly constrain the committee's ability to review and recommend policy changes to the legislature, the department of ecology:

(a) Shall consult with the committee in a timely manner, and through a procedure agreed to by the committee, on any matters that may affect the committee's review of state policies in the areas set forth in subsection (3) of this section; and

(b) Shall not adopt any new water reservation under RCW 90.54.050, unless it is conditioned so that the reservation may be altered based upon the enactment of legislation or adoption of regulations resulting from recommendations made by the committee under this section.

(7) This section shall expire June 30, 1991.

Sec. 2. Section 3, chapter 225, Laws of 1971 ex. sess. as amended by section 4, chapter 47, Laws of 1988 and RCW 90.54.030 are each amended to read as follows:

For the purpose of insuring that the department is fully advised in relation to the performance of the water resources program provided in RCW 90.54.040, and to provide information and support to the ((~~fact-finding service and the~~)) joint select committee established in RCW ((~~90.54.022 and~~)) 90.54.024, the department is directed to become informed with regard to all phases of water and related resources of the state. To accomplish this objective the department shall:

(1) Collect, organize and catalog existing information and studies available to it from all sources, both public and private, pertaining to water and related resources of the state;

(2) Develop such additional data and studies pertaining to water and related resources as are necessary to accomplish the objectives of this chapter;

(3) Determine existing and foreseeable uses of, and needs for, such waters and related resources;

(4) Develop alternate courses of action to solve existing and foreseeable problems of water and related resources and include therein, to the extent feasible, the economic and social consequences of each such course, and the impact on the natural environment.

All the foregoing shall be included in a "water resources archive" established and maintained by the department. The department shall develop a system of cataloging, storing and retrieving the information and studies of the archive so that they may be made readily available to and effectively used not only by the department but by the public generally.

Sec. 3. Section 4, chapter 225, Laws of 1971 ex. sess. as amended by section 5, chapter 47, Laws of 1988 and RCW 90.54.040 are each amended to read as follows:

(1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehensive state water resources program which will provide a process for making decisions on future water resource allocation and use. The department may develop the program in segments so that immediate attention may be given to waters of a given physioeconomic region of the state or to specific critical problems of water allocation and use.

((The current guidelines, standards, or criteria governing the elements of the water resource program established pursuant to this subsection shall not be altered or amended after March 15, 1988, in accordance with RCW 90.54.022(5).))

(2) In relation to the management and regulatory programs relating to water resources vested in it, the department is further directed to modify existing regulations and adopt new regulations, when needed and possible, to insure that existing regulatory programs are in accord with the water resource policy of this chapter and the program established in subsection (1) of this section. ((The current guidelines, standards, or criteria governing the department's implementation of this subsection shall not be altered or amended after March 15, 1988, in accordance with subsection (1) of this section.))

(3) The department is directed to review all statutes relating to water resources which it is responsible for implementing. When any of the same appear to the department to be ambiguous, unclear, unworkable, unnecessary, or otherwise deficient, it shall make recommendations to the legislature including appropriate proposals for statutory modifications or additions. Whenever it appears that the policies of any such statutes are in conflict with the policies of this chapter, and the department is unable to fully perform as provided in subsection (2) of this section, the department is directed to submit statutory modifications to the legislature which, if enacted, would allow the department to carry out such statutes in harmony with this chapter.

Sec. 4. Section 5, chapter 225, Laws of 1971 ex. sess. as amended by section 7, chapter 47, Laws of 1988 and RCW 90.54.050 are each amended to read as follows:

In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter ((~~34.04~~)) 34.05 RCW:

(1) Reserve and set aside waters for beneficial utilization in the future, and

(2) When sufficient information and data are lacking to allow for the making of sound decisions, withdraw various waters of the state from additional appropriations until such data and information are available.

Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in which waters relating to the rule are located. The public hearing shall be preceded by a notice placed in a newspaper of general circulation published within each of said counties. Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW ((~~34.04.070~~)) 34.05.538 or ((~~34.04.080~~)) 34.05.240.

((~~No new rules or changes to existing rules to reserve or set aside water may be adopted pursuant to this section, as provided in RCW 90.54.022(5).~~))

Sec. 5. Section 6, chapter 47, Laws of 1988 and RCW 90.22.010 are each amended to read as follows:

The department of ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of ecology shall, when requested by the department of fisheries or the department of wildlife to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or if the department of ecology finds it necessary to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request or determination. Any request submitted by the department of fisheries or department of wildlife shall include a statement setting forth the need for establishing a minimum flow or level. When the department acts to preserve water quality, it shall include a similar statement with the proposed rule filed with the code reviser. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.

((The current guidelines, standards, or criteria governing the instream flow programs established pursuant to this chapter shall not be altered or amended after March 15, 1988, in accordance with RCW 90.54.022(5).))

NEW SECTION. Sec. 6. Nothing in this act shall apply to or interfere with the processing or issuance of water rights in connection with the Yakima river basin water enhancement project.

NEW SECTION. Sec. 7. Nothing in this act shall affect existing water rights.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on July 1, 1989.