AN ACT Relating to regional water resource planning; amending RCW 90.54.010, 90.54.030, and 90.54.040; and declaring an emergency.

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

Sec. 1. Section 1, chapter 225, Laws of 1971 ex. sess. and RCW 90.54.010 are each amended to read as follows:

(1) The legislature finds that:

(a) Proper utilization of the water resources of this state is necessary to the promotion of public health and the economic well-being of the state and the preservation of its natural resources and aesthetic values. ((The legislature further finds that the availability of waters of the state is being evaluated by interests who desire to remove portions thereof from the state in a manner inconsistent with the public interest of people of the state.)) Although water is a renewable resource, its supply and availability are becoming increasingly limited, particularly during summer and fall months and dry years when demand is greatest. Growth and prosperity have significantly increased the competition for this limited resource. Adequate water supplies are essential to meet the needs of the state's growing population and economy. At the same time instream resources and values must be preserved and protected so that future generations can continue to enjoy them.

(b) All citizens of Washington share an interest in the proper stewardship of our invaluable water resources. To ensure that available water supplies are managed to best meet both instream and offstream needs, a comprehensive planning process is essential. The people of the state have the unique opportunity to work together to plan and manage our water. Through a comprehensive planning process that includes the state, Indian tribes, local governments, and interested parties, it is possible to increase available water supplies through conservation, water use efficiency, improved management of peak and flood flows, cooperation and coordination between water suppliers, and better management of water resources. Comprehensive planning can also help to restore and enhance fishery resources and other instream values. Through comprehensive planning, conflicts between water users and interests can be reduced or resolved. It is in the best interests of the state that comprehensive water resource planning be given a high priority so that water resources and associated values can be utilized and enjoyed today and protected for tomorrow.

(c) Diverse hydrologic, climatic, cultural, and socioeconomic conditions exist throughout the regions of the state. Water resource issues vary significantly across regions. Comprehensive water resource planning is best accomplished through a regional planning process sensitive to the unique characteristics and issues of each region.

(d) Comprehensive water resource planning must provide interested parties adequate opportunity to participate. Water resource issues are best addressed through cooperation and coordination among the state, Indian tribes, local governments, and interested parties.

(e) The long-term needs of the state require ongoing assessment of water availability, use, and demand. A thorough inventory of available resources is essential to water resource management. Current state water resource data and data management is inadequate to meet changing needs and respond to competing water demands. Therefore, a state water resource data program is needed to support an effective water resource management program.

(2) It is the purpose of this chapter to set forth fundamentals of water resource policy for the state to insure that waters of the state are protected and fully utilized for the greatest benefit to the people of the state of Washington and, in relation thereto, to provide direction to the department of ecology ((~~and~~)), other state agencies and officials, and local government in carrying out water and related resources programs. It is the intent of the legislature to work closely with the executive branch, Indian tribes, local government, and interested parties to ensure that water resources of the state are planned and managed in the public interest.

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) Develop a comprehensive water resource data program that provides the information necessary for effective planning and management on a regional and state-wide basis. The data program shall include an information management plan describing the data requirements for effective water resource planning, and a system for collecting and providing access to water resource data on a regional and state-wide basis. The water resource data program shall also include a resource inventory and needs assessment pursuant to subsection (5) of this section;

(2) 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)~~)) (3) 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;

(5) Establish a water resources data management task force to evaluate data management needs, advise the department in developing an information management plan, and conduct a water resource inventory and needs assessment. The task force shall include representatives of appropriate state agencies, Indian tribes, local governments, and others as deemed necessary. The task force shall be chaired by the director of the department of information services, or the director's designee and shall include expertise in both water resources and resource data management. The task force shall make recommendations to the department on developing a data base for water resource planning throughout the state. In conducting the water resource inventory and needs assessment, the task force shall inventory existing data and determine what additional data is needed for effective water resource planning and management. The task force shall otherwise provide continuing guidance to the department in developing and maintaining an effective information management plan. The department shall coordinate the water resource data program to provide water resource information that meets the needs of the comprehensive water resources program and planning process provided for in RCW 90.54.040;

(6) Evaluate the recommendations of the water resources data management task force and provide a report to the legislature prior to September 1, 1990, containing a five-year plan for data collection and information management. The report shall include an analysis undertaken with the office of financial management of funding requirements to implement the five-year plan. With the assistance of the task force, the department shall update the plan as needed;

(7) Prior to July 1, 1991, report to the legislature the findings and recommendations of the water resources data management task force regarding the water resource inventory and needs assessment. The report shall include a cost-benefit analysis of task force recommendations for developing additional information to meet water resource data needs; and

(8) Establish a dispute resolution process to resolve technology-based conflicts in the development and implementation of the water resource.

All the foregoing shall be included in a "water resources ((~~archive~~)) information system" established and maintained by the department. The department shall develop a system of cataloging, storing and retrieving the information and studies of the ((~~archive~~)) information system 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)(a) 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 process shall involve, to the extent possible, participation of appropriate state agencies, Indian tribes, local governments, and interested parties, and shall be applied on a regional basis based upon regional planning areas identified by the department.

(b) 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. Prior to January 1, 1991, the department, with advice from appropriate state agencies, Indian tribes, local government, and interested parties, shall identify regions and establish regional boundaries for water resource planning, and shall designate two model regions in which the process shall be initiated on a pilot basis. One model region shall encompass an area within the Puget Sound basin in which critical water resource issues exist. A concurrent pilot process shall encompass a region east of the Cascade mountains.

(c) The department shall report to the legislature prior to July 1st each year summarizing the progress of the pilot process in the two model regions and providing a timetable for development of water resource plans for the other identified regions. The pilot process in each model region shall be completed and shall produce a regional water plan by December 31, 1993.

((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.

NEW SECTION. Sec. 4. 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 immediately.