BILL REQ. #:  S-1551.1 

Read first time 02/24/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to the removal of gravel from waterways to reduce the impact of flooding; amending RCW 36.32.290 and 79.90.150; adding a new section to chapter 86.09 RCW; adding a new section to chapter 85.05 RCW; and adding a new section to chapter 77.55 RCW.

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

Sec. 1   RCW 36.32.290 and 1963 c 4 s 36.32.290 are each amended to read as follows:
     (1) Except as otherwise provided in this section:
     (a) When the ((board of county commissioners)) legislative authority of any county deems it essential to the public interest for flood prevention purposes ((it)), the county may remove drifts, jams, logs, debris, ((gravel,)) earth, stone or bars forming obstructions to the stream, or other material from the beds, channels, and banks of watercourses in any manner deemed expedient((, including the deposit thereof)).
     (b) The legislative authority of any county may remove gravel from streams or other watercourses consistent with the terms of the programmatic permit issued by the department of fish and wildlife under section 5 of this act when the gravel removal is deemed by the county legislative authority to be beneficial in reducing the impact of potential flooding.
     (2) The authority to remove materials from streams or under watercourses under this chapter includes the authority to deposit the removed materials on bars not forming obstructions to the stream, or on subsidiary or high water channels of ((such)) the watercourses.
     (3) The legislative authority of a county may only exercise the authority granted under this section to remove gravel from streams or other watercourses if the area of the county from which the gravel is to be removed is not within the jurisdiction of an active diking district organized under chapter 85.05 RCW or an active flood control district organized under chapter 86.09 RCW.

NEW SECTION.  Sec. 2   A new section is added to chapter 86.09 RCW to read as follows:
     A flood control district created under this chapter may, when it is deemed by the board of directors of the flood control district to be beneficial in reducing the impact of potential flooding, remove gravel from a stream or other watercourse, or portion of a stream or other watercourse, located within the flood control district consistent with the terms of the programmatic permit issued by the department of fish and wildlife under section 5 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 85.05 RCW to read as follows:
     Any diking districts created under this chapter may, when it is deemed by the board of commissioners of the diking district to be beneficial in reducing the impact of potential flooding, remove gravel from a stream or other watercourse, or portion of a stream or other watercourse, located within the diking district consistent with the terms of the programmatic permit issued by the department of fish and wildlife under section 5 of this act.

Sec. 4   RCW 79.90.150 and 2003 c 39 s 41 are each amended to read as follows:
     (1) When a public agency removes gravel, rock, sand, silt or other material directly, or under a public contract, from any aquatic lands ((is removed by any public agency or under public contract)) for channel ((or)) improvement, harbor improvement, flood impact reduction, or flood control, the use of ((such)) the material may be authorized by the department ((of natural resources)) for a public purpose on:
     (a) Land owned or leased by the state or any municipality, county, or public corporation((: PROVIDED, That when no public land site is available for deposit of such material, its deposit on)); or
     (b) Private land, with the landowner's permission ((is authorized and may be designated by the department of natural resources to be for a public purpose)), if there is no public land available for deposit of the material.
     (2) Prior to removal and use of material under this section, the state agency, municipality, county, or public corporation contemplating or arranging ((such)) the removal or use shall first obtain written permission from the department ((of natural resources)), except for flood control districts removing gravel under section 2 of this act, diking districts removing gravel under section 3 of this act, and county legislative authorities removing gravel under RCW 36.32.290. These public entities are not required to obtain permission from the department to remove or use gravel from streams or other watercourses for flood control or flood impact reduction purposes and are only required to notify the department of their intent to do so.
     (3) No payment of royalty shall be required for ((such)) gravel, rock, sand, silt, or other material used for ((such)) a public purpose under this section, but a charge will be made if ((such)) the material is subsequently sold or used for some other purpose((: PROVIDED, That)).
     (4) The department may authorize ((such)) a public agency or private landowner to dispose of ((such)) material removed under this section without charge when necessary to implement disposal of material.
     (5) No charge shall be required for any use of the material obtained under the provisions of this chapter when used solely on an authorized site.
     (6) No charge shall be required for any removal or use of the material obtained under the provisions of this chapter if the material is used for public purposes by local governments, including flood control districts removing gravel under section 2 of this act, diking districts removing gravel under section 3 of this act, and county legislative authorities removing gravel under RCW 36.32.290. Public purposes include, but are not limited to, flood control, flood impact reduction, and the construction and maintenance of roads, dikes, and levies.
     (7) The department may not prohibit, penalize, or condition a flood control district operating under section 2 of this act, a diking district operating under section 3 of this act, or a county legislative authority operating under RCW 36.32.290 when removing gravel from streams or other watercourses for flood control or flood impact reduction purposes.
     (8) Nothing in this section shall repeal or modify the provisions of RCW 77.55.100 or eliminate the necessity of obtaining a permit for such removal from other state or federal agencies as otherwise required by law.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.55 RCW to read as follows:
     (1) Flood control districts, diking districts, and counties shall not require written approval under this chapter for the removal of gravel from streams or other watercourses when the gravel removal is deemed by the county legislative authority, flood control district board of directors, or diking district board of commissioners to be beneficial in reducing the impact of potential flooding and when the gravel removal operation is conducted under a programmatic permit issued under this section.
     (2) The department shall develop a programmatic permit for the removal of gravel from watercourses by counties, diking districts, and flood control districts by August 1, 2005. The permit developed under this section remains valid for at least five years from its implementation date, and may include the following requirements:
     (a) Dates when the gravel removal may be conducted;
     (b) Specifications as to where the gravel removal may be conducted;
     (c) Requirements for notification to the department that gravel removal will be conducted; and
     (d) Specifications on allowable methods for removing gravel.