1309-S.E AMS NAT S3062.1

ESHB 1309 - S COMM AMD

By Committee on Natural Resources

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that many wild stocks of salmonids in the state of Washington are in a state of decline.  Stocks of salmon on the Columbia and Snake rivers have been listed under the federal endangered species act, and the bull trout has been petitioned for listing.  Some scientists believe that numerous other stocks of salmonids in the Pacific Northwest are in decline or possibly extinct.  The legislature declares that to lose wild stocks is detrimental to the genetic diversity of the fisheries resource and the economy, and will represent the loss of a vital component of Washington's aquatic ecosystems.  The legislature further finds that there is a continuing loss of habitat for fish and wildlife.  The legislature declares that steps must be taken in the areas of wildlife and fish habitat management, water conservation, wild salmonid stock protection, and education to prevent further losses of Washington's fish and wildlife heritage.

NEW SECTION. Sec. 2.  By July 1, 1994, the departments of fisheries and wildlife jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy.  The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities.

NEW SECTION. Sec. 3.  By July 1, 1994, the department of fisheries and the department of wildlife shall jointly, with input from the Indian tribes and after coordination with California, Oregon, Idaho, Montana, Alaska, British Columbia, and appropriate federal agencies, report to the appropriate legislative committees on the feasibility of implementing selective marking techniques that can be used to minimize impacts of fishing on wild or natural stocks of salmonids.  The report shall address costs, benefits, and risks associated with marking.

NEW SECTION. Sec. 4.  A new section is added to chapter 75.28 RCW to read as follows:

    The department of fisheries shall evaluate and recommend, in consultation with the Indian tribes, salmon fishery management strategies and gear types, as well as a schedule for implementation, that will minimize the impact of commercial and recreational fishing in the mixed stock fishery on critical and depressed wild stocks of salmonids.  As part of this evaluation, the department, in conjunction with the commercial and recreational fishing industries, shall evaluate commercial and recreational salmon fishing gear types developed by these industries.  The department of fisheries shall present status reports to the appropriate committees of the legislature by December 31 of each year in 1993, 1994, and 1995, and shall present the final evaluation and recommendations by December 31, 1996.

NEW SECTION. Sec. 5.  A new section is added to chapter 79.01 RCW to read as follows:

    (1) By December 31, 1993, the department of wildlife and the department of fisheries, in conjunction with the technical advisory committee appointed in subsection (2) of this section shall each develop goals for the wildlife and fish that these agencies respectively manage, to preserve, protect, and perpetuate wildlife and fish on shrub steppe habitat or on lands that are presently agricultural lands, rangelands, or grazable woodlands.  These goals shall be consistent with the maintenance of a healthy ecosystem.

    (2) By July 31, 1993, the conservation commission shall appoint a technical advisory committee to develop standards that achieve the goals developed in subsection (1) of this section.  The committee members shall include but not be limited to technical experts representing the following interests:  Agriculture, academia, range management, utilities, environmental groups, commercial and recreational fishing interests, the Washington rangelands committee, Indian tribes, the department of wildlife, the department of fisheries, the department of natural resources, the department of ecology, conservation districts, and the department of agriculture.  A member of the conservation commission shall chair the committee.

    (3) By December 31, 1994, the committee shall develop standards to meet the goals developed under subsection (1) of this section.  These standards shall not conflict with the recovery of wildlife or fish species that are listed or proposed for listing under the federal endangered species act.

    (4) The conservation commission shall approve the standards and shall provide them to the departments of natural resources and wildlife, each of the conservation districts, Washington State University cooperative extension service, and the appropriate committees of the legislature.  The conservation districts shall make these standards available to the public and for coordinated resource management planning.  Application to private lands is voluntary.

    (5) The department of natural resources shall implement practices necessary to meet the standards developed pursuant to this section on department managed agricultural and grazing lands, consistent with the trust mandate of the Washington state Constitution and Title 79 RCW.  The standards may be modified on a site-specific basis as needed to achieve the fish and wildlife goals, and as determined by the department of fisheries or wildlife, and the department of natural resources.  Existing lessees shall be provided an opportunity to participate in any site-specific field review.  Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to this section.

NEW SECTION. Sec. 6.  A new section is added to chapter 77.12 RCW to read as follows:

    The department of wildlife shall implement practices necessary to meet the standards developed under section 5 of this act on agency-owned and managed agricultural and grazing lands.  The standards may be modified on a site-specific basis as necessary and as determined by the department of fisheries or wildlife, for species that these agencies respectively manage, to achieve the goals established under section 5(1) of this act.  Existing lessees shall be provided an opportunity to participate in any site-specific field review.  Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to section 5 of this act.

NEW SECTION. Sec. 7.  Washington State University shall report to the appropriate legislative committees by December 31, 1993, on how to best integrate fish and wildlife considerations with the existing curriculum in the university's agriculture department and with the university cooperative extension service.  The university shall also report on the feasibility and cost of creating a rotational assignment with the department of wildlife to accomplish cross-training in wildlife and fish habitat management and farm and grazing management.  If specific funding for this section, referencing this act by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, this section is null and void.

NEW SECTION. Sec. 8.  By July 1, 1993, the departments of fisheries and wildlife shall provide information on salmonid stock status, by individual stock, to the department of ecology, the Washington association of cities, the Washington state association of counties, and water purveyors.

    Sec. 9.  RCW 43.20.230 and 1989 c 348 s 12 are each amended to read as follows:

    Consistent with the water resource planning process of the department of ecology, the department of ((social and)) health ((services)) shall((, contingent on the availability of funds)):

    (1) Develop procedures and guidelines relating to water use efficiency, as defined in section 4(3) ((of this act)), chapter 348, Laws of 1989, to be included in the development and approval of cost-efficient water system plans required under RCW 43.20.050;

    (2) Develop criteria, with input from technical experts, with the objective of encouraging the cost-effective reuse of greywater and other water recycling practices, consistent with protection of public health and water quality; ((and))

    (3) Provide advice and technical assistance upon request in the development of water use efficiency plans; and

(4) Provide advice and technical assistance on request for development of model ((rate-setting formulas)) conservation rate structures for public water systems.  Subsections (1), (2), and (3) of this section are subject to the availability of funding.

NEW SECTION. Sec. 10.  A new section is added to chapter 43.20 RCW to read as follows:

    Water purveyors required to develop a water system plan pursuant to RCW 43.20.230 shall evaluate the feasibility of adopting and implementing water delivery rate structures that encourage water conservation.  This information shall be included in water system plans submitted to the department of health for approval after July 1, 1993.  The department shall evaluate the following:

    (1) Rate structures currently used by public water systems in Washington; and

    (2) Economic and institutional constraints to implementing conservation rate structures.

The department shall provide its findings to the appropriate committees of the legislature no later than December 31, 1995.

NEW SECTION. Sec. 11.  A new section is added to chapter 90.54 RCW to read as follows:

    The department, in cooperation with the Washington state water resources association, shall accomplish the following:

    (1) Determine and evaluate rate structures currently used by irrigation districts in the state of Washington;

    (2) Identify economic and institutional constraints to implementing conservation rate structures; and

    (3) Develop model conservation rate structures for consideration by irrigation districts.

The department shall provide its findings to the appropriate committees of the legislature no later than December 31, 1993.

    Sec. 12.  RCW 90.03.360 and 1989 c 348 s 6 are each amended to read as follows:

(1) The owner or owners of any ((ditch or canal)) water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works, and a measuring device ((at the point where the water is diverted, and these shall be)) so constructed and maintained as to permit accurate measurement and practical regulation of the flow of water diverted ((into said ditch or canal)).  Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir.

    Metering of diversions or measurement by other approved methods shall be required as a condition for all new surface water right permits, and except as provided in subsection (2) of this section, may be required as a condition for all ((new)) previously existing surface water ((right permits)) rights.  The department may also require, as a condition for ((such permits)) all water rights, metering of diversions, and reports regarding such metered diversions as to the amount of water being diverted.  Such reports shall be in a form prescribed by the department.

(2) Where water diversions are from waters in which the salmonid stock status is depressed or critical, as determined by the departments of fisheries and wildlife, or where the volume of water being diverted exceeds one cubic foot per second, the department shall require metering or measurement by other approved methods as a condition for all new and previously existing water rights or claims.  The department shall attempt to integrate the requirements of this subsection into its existing compliance workload priorities, but shall prioritize the requirements of this subsection ahead of the existing compliance workload where a delay may cause the decline of wild salmonids.  The department shall notify the departments of fisheries and wildlife of the status of fish screens associated with these diversions.

This subsection (2) shall not apply to diversions for public or private hatcheries or fish rearing facilities if the diverted water is returned directly to the waters from which it was diverted.

NEW SECTION. Sec. 13.  A new section is added to chapter 90.22 RCW to read as follows:

    By December 31, 1993, the department of ecology shall, in cooperation with the Indian tribes, and the departments of fisheries and wildlife, establish a state-wide list of priorities for evaluation of instream flows.  In establishing these priorities, the department shall consider the achievement of wild salmonid production as its primary goal.

    The priority list shall be presented to the appropriate legislative committees and to the water resources forum by December 31, 1993.

    Sec. 14.  RCW 90.42.010 and 1991 c 347 s 5 are each amended to read as follows:

    (1) The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs.  Further, the legislature finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon.  It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.

    The purpose of this chapter is to provide the mechanism for accomplishing this in a manner that will not impair existing rights to water and to test the mechanism in two pilot planning areas designated pursuant to RCW 90.54.045(2) and in the water resource inventory areas designated under subsection (2) of this section.

    (2) The department may designate up to four water resource inventory areas west of the crest of the Cascade mountains and up to four water resource inventory areas east of the crest of the Cascade mountains, as identified pursuant to chapter 90.54 RCW.  The areas designated shall contain critical water supply problems and shall provide an opportunity to test and evaluate a variety of applications of RCW 90.42.010 through 90.42.090, including application to municipal, industrial, and agricultural use.  The department shall seek advice from appropriate state agencies, Indian tribes, local governments, representatives of water right holders, and interested parties before identifying such water resource inventory areas.

    (3) The department shall provide to the appropriate legislative committees by December 31, 1993, a written evaluation of the implementation of RCW 90.42.010 through 90.42.090 and recommendations for future application.  Recommendations shall include methods of applying RCW 90.42.010 through 90.42.090 to the rivers that are designated as high priority by the department of ecology under section 13 of this act in order to use net water savings to enhance stream flows.

NEW SECTION. Sec. 15.  The governor's council on environmental education created in 1990 by executive order 90-06, shall accomplish the following:

    (1) Raise and distribute public and private funds for the purpose of providing environmental education programs and projects in fish and wildlife preservation and management to public and private elementary and secondary schools, emphasizing the importance of species conservation and fish and wildlife as indicators of ecosystem health; and

    (2) Support interdisciplinary programs that integrate fish and wildlife preservation and management with other areas of environmental education.

NEW SECTION. Sec. 16.  Section 15 of this act shall constitute a new chapter in Title 28A RCW.

NEW SECTION. Sec. 17.  If specific funding for this act, referencing this act by bill number, is not provided by June 30, 1993, in the omnibus appropriations act, this act is null and void."

ESHB 1309 - S COMM AMD

By Committee on Natural Resources

    On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 43.20.230, 90.03.360, and 90.42.010; adding a new section to chapter 75.28 RCW; adding a new section to chapter 79.01 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.20 RCW; adding a new section to chapter 90.54 RCW; adding a new section to chapter 90.22 RCW; adding a new chapter to Title 28A RCW; and creating new sections."

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