BILL REQ. #:  H-0855.1 

Read first time 01/29/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to watershed planning; adding new sections to chapter 90.82 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature declares and reaffirms that a core principle embodied in chapter 90.82 RCW is that state agencies must work cooperatively with local citizens in a process of planning for future uses of water by giving local citizens and the governments closest to them the utmost opportunity in determining the future allocation and management of water in the WRIA or WRIAs being planned.
     The legislature further finds that this process of local planning must have all the tools necessary to accomplish this task and that it is essential for the legislature to provide a clear statutory process for implementation so that the locally developed plan will be the adopted and implemented plan to the greatest extent possible.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.82 RCW to read as follows:
     (1) For rule making required by a state agency that becomes obligated under the provisions of RCW 90.82.130, the state agency must consult with and give deference to the majority opinion of the planning unit, except for matters that are determined to be in opposition to state or federal law. The state agency must provide a written explanation of why the suggestion or suggestions are in opposition to state or federal law.
     (2) A rule adopted under RCW 90.82.130 must use a negotiated rule-making process conducted among water right holders and other affected residents in the WRIA or WRIAs being planned, and must include the members of the original planning unit, to the greatest extent practicable.
     (3) Immediately prior to final adoption of a plan by the appropriate county legislative authority or authorities, the state agency responsible for rule making must present a draft proposed rule for each major portion of a proposed plan that creates an obligation for that state agency to the appropriate county legislative authority or authorities for approval or disapproval. Agreement between the state agency and county legislative authority or authorities on the draft rule language must be reached in order for planning to continue. A majority vote by the county legislative authority or authorities must be achieved for a plan to be considered adopted. If the county legislative authority or authorities object to any portion of the draft rules, the proposal must be redrafted by the state agency and then resubmitted to the county legislative authority or authorities.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.82 RCW to read as follows:
     (1) Once a plan is adopted under the provisions of RCW 90.82.130, the department may only modify the plan or obligations imposed by the plan through a negotiated rule-making process conducted among water right holders and other affected residents in a watershed or group of watersheds, and must include the members of the original planning unit, to the greatest extent practicable.
     (2) If any of the initiating governments determines that the department has modified the plan or obligations imposed by the plan without undergoing the process required in subsection (1) of this section, the initiating government must notify the department of such a finding within thirty days. Upon receipt of such a notice, the department must initiate the rule-making process required under subsection (1) of this section and no rules relating to the watershed or watersheds may take effect except through the negotiated rule-making process.