Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Natural Resources Committee

HB 2722

Brief Description:  Establishing consistent provisions for fish guards, screens, and bypasses.

Sponsors:  Representatives McDermott, Ericksen, Rockefeller, Sump, Murray, Kenney, Doumit, Morell, Linville, Upthegrove, Edwards, Jackley, Chase, Schmidt, Benson, Clements, Pflug, Bush and Talcott.

Brief Summary of Bill

$Standardizes the statutes regarding equipping diversion devices and dams or other stream obstructions with fish guards, fish screens, or fish bypasses.

Hearing Date:  2/5/02

Staff:  Bill Lynch (786‑7092).

Background:

The Legislature merged Titles 75 and 77 into a single title in the 2000 legislative session.  This merger of titles removed inconsistencies and obsolete language contained in those laws caused in part by the merger of the former Department of Fisheries and the former Department of Wildlife into the Department of Fish and Wildlife in 1993.

In general, in order to divert water from a lake, river, or stream, the diversion device must be equipped with a fish guard, screen, or bypass.  If the Director of the Department of Fish and Wildlife determines that the device is inadequate, the director may have it removed, relocated, reconstructed, or modified without cost to the owner.  Once the department has completed the improvements, it is the responsibility of the owner to properly operate and maintain these devices.  In addition, dams or other obstructions across streams must have efficient fish bypasses that meet the approval of the director.  These general provisions regarding fish guards, screens, and bypasses contain inconsistencies between the food fish and game fish statutes, and within the individual statutes as well.

Summary of Bill:

The statutes regarding equipping diversion devices and dams or other stream obstructions with fish guards, fish screens, or fish bypasses are standardized.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.