1442-S

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 allocation of water resources in the state of Washington. A comprehensive review of all water resource management programs should be undertaken as soon as possible because of the proliferation of water resource programs and planning requirements at all levels of government. This has caused inconsistent and conflicting management strategies, as well as delays in making vital decisions due to uncertainty. These policy conflicts are occurring against the backdrop of everincreasing demands for water resources.

It is therefore the purpose of this act to create a water resources policy commission to comprehensively review the water resource management programs in the state and to make recommendations for improvement and implementation of management decisions. These recommendations should be considered by all citizens having an interest in water resources and should provide the foundation for fundamental water resource management reform.

NEW SECTION. Sec. 2. COMMISSION CREATED. (1) There is created the Washington water resources policy commission. The commission shall be comprised of fifteen members 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 house 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) Six members, appointed by the governor, to represent the following interests:

(i) Agriculture;

(ii) Local government;

(iii) Environmental organizations;

(iv) Business;

(v) Fisheries and wildlife;

(vi) Utilities; and

(e) Two members, appointed by the governor, to represent federally recognized Indian tribes.

(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 for the staff of the commission. Whenever practicable existing employees of state government should be detailed on a temporary basis to assist in staffing the commission. The governor, 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) Per diem compensation shall be provided to the members appointed under subsection (1)(d) of this section pursuant to RCW 43.03.240.

(5) The governor shall make the appointments required under subsection (1)(d) of this section no later than ninety days following the effective date of this act.

(6) Except as specifically provided in this act, the commission shall determine the procedures for conducting the commission's activities. In any report or recommendations to the governor and 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 habitat 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 strategies, standards, jurisdiction, or planning requirements;

(3) Recommendations for the coordination and integration of state water resource programs, including the need for an independent water resources agency;

(4) Recommendations for comprehensive statutory policies on water allocation procedures and priorities, including revisions of the state's surface and ground water codes;

(5) Recommendations to achieve water resource management on a watershed basis;

(6) Recommendations for changes to water resource planning programs to achieve a comprehensive regional planning framework whose boundaries recognize hydrological boundaries;

(7) Recommendations for the consolidation of state water resources and water quality funding programs;

(8) Recommendations for integrating permit programs for the withdrawal of water and the discharge of pollutants to state waters;

(9) Recommendations for the creation of market-based systems for water allocation, including but not limited to transfers, consumption-based rate structures, incentives for conservation of irrigation water, and water marketing;

(10) Assessment of the impact of hydrologic continuity on the management of programs governing surface and ground waters, and recommendations for improved management regimes;

(11) 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 one hundred twenty days following the effective date of this act, the governor shall schedule 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, and written notice of scheduled commission meetings shall be provided to persons requesting such notice. The commission shall accept and consider written comments on the subjects included in its work plan, and shall endeavor to provide opportunities for public comment within its meeting schedule.

NEW SECTION. Sec. 5. COMMISSION WORK PLAN. The commission shall develop a work plan that sets priorities for review of the subjects described in section 3 of this act and such additional subjects that the commission identifies for review. The work plan shall schedule the subjects for review over the period of the commission's authorized life, and identify its goals for providing a report to the legislature on each subject. The work plan shall describe the tasks proposed for each review item and estimated funding needs. The work plan shall be submitted to the fiscal committees of the legislature and to the office of financial management no later than December 1, 1993.

Notwithstanding the work plan schedule, the commission shall report to the legislature on those subjects required by section 3(1), (2), (3), and (4) of this act no later than November 1, 1994.

NEW SECTION. Sec. 6. REPORTS. The commission shall periodically report to the governor and the legislature as it accomplishes its review of the subjects identified in its work plan. The reports shall describe current conditions and program effectiveness, and shall include recommendations for legislative and administrative action to meet the legislative purpose set forth in section 1 of this act.

NEW SECTION. Sec. 7. 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. 8. Captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act and the Washington water resources policy commission shall expire December 31, 1996.