Brief Description: Streamlining the hydraulic project approval permit application process.

Sponsors: Representatives Cooper, Buck and Linville.

Hearing Date: 2/25/03

Staff: Jeff Olsen (786-7157).

Background:

A person is required to obtain a hydraulic permit for any project or work that will use, divert, obstruct, or change the natural flow or bed of any state waters before beginning the construction or work. The Department of Fish and Wildlife (DFW) issues hydraulic project approvals (HPA) to ensure the proper protection of fish life.

Engrossed Substitute Senate Bill 6387, Section 307 (23) passed by the 2002 Legislature created the HPA Task Force (Task Force). The Task Force was directed to conduct an evaluation of the HPA program and make recommendations to the Legislature by November 30, 2002. The Task Force report contains several recommendations for the HPA program including:

      •    The DFW should improve program consistency;

      •    The DFW should streamline permitting and technical assistance;

      •    All HPA Appeals should be the jurisdiction of the Hydraulic Appeals Board;

      •    The DFW should establish a compliance section for the HPA Program; and,

      •    The DFW should improve staff training and provide clear direction on legal authorities.

Summary of Bill:

Legislative intent is established clarifying the DFW's authority under RCW 77.55 (Construction Projects in State Waters). Legislative intent is also established to streamline the hydraulic project approval process to provide consistency and predictability for permit applicants and to ensure that projects with the highest potential risk to fish and fish habitat receive the highest priority.

Appropriation: None.

Fiscal Note: Not Requested.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.