S-1892

S-1892.1 _______________________________________________

SUBSTITUTE SENATE BILL 5637

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State of Washington 56th Legislature 1999 Regular Session

By Senate Committee on Natural Resources, Parks & Recreation (originally sponsored by Senators Spanel, Gardner and Jacobsen)

Read first time 02/26/1999.

AN ACT Relating to reconveyance and protection of forest lands for municipal water supply protection purposes; and amending RCW 76.12.072.

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

Sec. 1. RCW 76.12.072 and 1983 c 3 s 195 are each amended to read as follows:

(1) Whenever the board of county commissioners of any county shall determine that forest lands, that were acquired from such county by the state pursuant to RCW 76.12.030 and that are under the administration of the department of natural resources, are needed by the county for public park use in accordance with the county and the state outdoor recreation plans, or for the protection of municipal water supply sources in accordance with applicable water system plans or regional water supply plans, the board of county commissioners, with the concurrence of all municipalities whose water supply is intended to be protected may file an application with the board of natural resources for the transfer of such forest lands.

(2) Upon the filing of an application by the board of county commissioners, the department of natural resources shall cause notice of the impending transfer to be given in the manner provided by RCW 42.30.060.

(3) For applications requesting reconveyance for public park uses, if the department of natural resources determines that the proposed use is in accordance with the state outdoor recreation plan, it shall reconvey said forest lands to the requesting county to have and to hold for so long as the forest lands are developed, maintained, and used for the proposed public park purpose. This reconveyance may contain conditions to allow the department of natural resources to coordinate the management of any adjacent state owned lands with the proposed park activity to encourage maximum multiple use management and may reserve rights of way needed to manage other state owned lands in the area. The application shall be denied if the department of natural resources finds that the proposed use is not in accord with the state outdoor recreation plan. If the land is not, or ceases to be, used for public park purposes the land shall be conveyed back to the department of natural resources upon request of the department.

(4) For applications requesting reconveyance for municipal water supply purposes, if the department of natural resources determines that the proposed use is in accordance with the applicable individual water system plans and regional water supply plans, it shall reconvey the forest lands to the requesting county to have and to hold for so long as the forest lands are developed, maintained, and used for the proposed municipal water supply protection purpose. The application shall be denied if the department of natural resources finds that the proposed use is not in accordance with applicable individual water system plans and regional water supply plans. If the land is not, or ceases to be, used for municipal water supply protection purposes, the land shall be conveyed back to the department of natural resources upon request of the department.

(5) In any event, any use of such forest lands for purposes of logging, whether reconveyed or not, shall be consistent with best watershed protection practices, including but not limited to selective logging rather than clear cutting and minimal and ecologically sound road cuts.