1442-S.E

AN ACT Relating to integrated and coordinated water resource management; creating new sections; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. FINDINGS AND PURPOSE. The legislature finds that there is a need to comprehensively review the policies and institutional framework governing the management, protection, and enhancement of water resources in the state of Washington. As a result of the proliferation of water resource programs, planning requirements, and ever-increasing demands on the resource, the need for coordinated and efficient water resource is essential. In order to provide a consolidated approach to water resource management and to provide consistent and timely decision making, the legislature further finds that, to the extent possible, the executive and the legislative branches of state government should work together with the help of local governments and tribal governments on water resources issues that are state-wide in their significance.

It is therefore the purpose of this act to create a water resource commission to comprehensively review the water resource management programs in the state and make recommendations for improvement and implementation of management decisions.

NEW SECTION. Sec. 2. COMMISSION CREATED. (1) There is created the Washington water resources policy commission. The commission shall be comprised as follows:

(a) The governor, or the governor's representative;

(b) Three members of the house of representatives: The chair of the house agriculture and rural development committee, the chair of the natural resources and parks committee, and the minority leader or his or her designee;

(c) Three members of the senate: The chair of the senate ecology and parks committee, the chair of the senate energy and utilities committee, and the minority leader or his or her designee;

(d) No more than three members, appointed by the governor, from federally recognized Indian tribes, who will not be expected to represent any Indian tribes other than their own;

(e) Three members, appointed by the governor, to represent general purpose local governments;

(f) No more than seven members, appointed by the governor, to represent the following interests:

(i) Agriculture, including one member from the east side of the Cascade Mountains and one member from the west side of the Cascade Mountains;

(ii) Environmental organizations;

(iii) Commercial timber landowners;

(iv) Nonindustrial small timber landowners of less than two hundred acres;

(v) Fisheries and wildlife; and

(vi) Utilities.

(2) The commission shall convene at the call of the governor under section 4 of this act, and the governor or his or her representative shall be the chair.

(3) The governor shall provide the staff for the commission. Whenever practicable, existing employees of state government shall be used on a temporary basis to assist in staffing the commission. The commissioner of public lands and the attorney general shall cooperate in assuring the assignment of staff having expertise in the matters under review by the commission.

(4) Commission members appointed under subsection (1) (d) and (f) of this section are entitled to reimbursement for reasonable expenses actually incurred in connection with official business, including subsistence and lodging while away from each member's place of residence, and mileage for use of a privately owned vehicle, in accordance with chapter 43.03 RCW.

(5) The governor shall make the appointments required under this section no later than sixty days following the effective date of this act.

(6) Except as specifically provided in this act, the commission shall determine the procedures for conducting its activities. In any report or recommendations to the governor and the legislature, the commission shall allow the inclusion of minority positions.

(7) The commission may enter into contracts for the performance of work necessary to assist the commission in its duties under this act.

NEW SECTION. Sec. 3. COMMISSION DUTIES. The commission shall conduct a comprehensive review of water resources management in Washington that includes:

(1) An identification of all programs governing flood and storm water management, water supply delivery, water quality protection, instream flow and riparian protection, and other water resource management needs;

(2) An assessment of the performance of existing programs in achieving coordinated water resource management, that identifies specific conflicting or inconsistent policies, strategies, standards, jurisdiction, or planning requirements;

(3) Recommendations for the coordination and integration of state water resource programs, emphasizing watershed-based strategies for water resource management, including an assessment of the need for an independent water resources agency;

(4) An identification of state and local water resources and water quality funding programs;

(5) Recommendations for consolidation and expansion of state water resources program funding and water quality program funding with specific attention given to a long-term consistent and stable funding structure;

(6) Recommendations for state and local government coordination of water quality and resource planning consistent with the programs and objectives of the growth management act.

NEW SECTION. Sec. 4. COMMISSION MEETINGS. Within ninety days following the effective date of this act, the governor shall convene the initial meeting of the commission. The commission shall determine the location and frequency of its meetings, but shall meet at least monthly. Commission meetings shall be open to the public. The commission shall endeavor to provide opportunities for public comment within its meeting schedule.

NEW SECTION. Sec. 5. COMMISSION REPORTS. The commission shall report to the legislature and the governor, with detail, on those subjects required to be reviewed in section 3 of this act, no later than November 1, 1994. The report shall describe current conditions and program effectiveness, and shall include specific recommendations for legislative and administrative action to meet the legislative purpose set forth in this act.

NEW SECTION. Sec. 6. FEDERALLY RECOGNIZED INDIAN TRIBES. The legislature recognizes that federally recognized tribes and the state of Washington have historical relationships and unique rights governed by federal and state constitutions, statutes, and treaties with the United States government and executive orders of the President of the United States. Federally recognized Indian tribes are independent sovereign governments. Tribal participation on the commission created in this act is intended to provide direct input and to enhance coordination between governments; however, participation does not imply formal representation individually or collectively of the federally recognized Indian tribes.

NEW SECTION. Sec. 7. The water resources policy commission created in this act shall recognize, and to the extent practicable coordinate with, the department of ecology water resources program and any advisory bodies to the department of ecology water resources program.

NEW SECTION. Sec. 8. 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.

NEW SECTION. Sec. 9. Captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act and the Washington water resources policy commission shall expire December 31, 1996.