BILL REQ. #:  H-4832.2 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to participation by the state of Washington in a pilot negotiation and settlement of water rights involving Washington Indian tribes and the federal government; adding a new chapter to Title 43 RCW; and making an appropriation.

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

NEW SECTION.  Sec. 1   The legislature finds that state water law must take into account rights to water based in both state and federal law, including treaties between the federal government and Indian tribes located within the state of Washington. The legislature also finds that it is in the interest of the people of the state, the nation, and Indian tribes located within the state to achieve greater certainty and security regarding the respective water rights based on state and federal law. The legislature further finds that the federal government is actively pursuing resolution of federal and tribal water rights, and has initiated and proposed both informal and formal proceedings to determine federal and tribal rights to water in Washington state. It is therefore the intent of the legislature to direct the state to actively participate in these federal proceedings to represent the interests of the state, to protect rights of water users that rely on state-based water rights, and to ensure that these processes are conducted in a fair and respectful manner.

NEW SECTION.  Sec. 2   (1) The legislature directs the state of Washington to proceed under the provisions of this chapter to participate in a federal pilot process to determine and quantify water rights claimed by the United States and the tribal governments that agree to participate.
     (a) The state shall establish a negotiating team within the office of the governor to participate in this pilot process.
     (b) The federal pilot process is expected to include a scoping process, development of alternatives, timelines, collaborative decision making, public review, development of funding alternatives, and mediation.
     (2) In addition to the federal pilot process described in subsection (1) of this section, with the consent of the parties, the state negotiating team may participate in resolving disputes that arise between state-based water rights and water rights based on federal law through collaborative negotiations, mediation, and voluntary settlements among affected parties. Resolution may include, but is not limited to, contracts and intergovernmental agreements that provide increased certainty without quantifying the existing water rights.
     (3) The state negotiating team shall report its findings and recommendations to the governor and appropriate legislative committees by January 1, 2006.

NEW SECTION.  Sec. 3   The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund for the fiscal year ending July 1, 2005, to the governor's office to defray the costs of forming and operating the negotiating team established in section 2(1)(a) of this act and to pay an equitable share of the costs of facilitation by the United States Institute for Environmental Conflict Resolution.

NEW SECTION.  Sec. 4   Sections 1 and 2 of this act constitute a new chapter in Title 43 RCW.