SHB 1561 -
By Senator Tom
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 39.34 RCW
to read as follows:
(1) The legislature finds that regional water resource planning and
coordinated municipal water supply transmission and delivery systems
benefit the people of the state and advance state water policies.
Municipalities should encourage voluntary and cooperative efforts and
public involvement in the planning and location of such systems,
consistent with the water policies of the state. It is the intent of
the legislature to clarify certain authority of an existing watershed
management partnership to execute the specific goals for which it was
constituted. A pilot project is created with the intent that the
legislature will, at a certain date, be informed of the use of the
authority specified in this section as well as the efforts to involve
the public in siting and construction of the water system facilities.
(2) As limited in subsection (3) of this section, a watershed
management partnership formed or qualified under the authority of RCW
39.34.200 and 39.34.210, and a separate legal entity established by
such a partnership to conduct the cooperative undertaking of the
partnership under the same statutory authority, may exercise the power
of eminent domain as provided in chapter 8.12 RCW only for:
(a) Those utility purposes for which the watershed management
partnership was formed; or
(b) On upland properties designated by WAC 173-20-570(3) abutting
a lake whose water may be permitted as a municipal water supply
pursuant to chapter 90.03 RCW, water transmission, conveyance, storage,
treatment, and other water utility facilities and buildings.
(3) Subsection (2) of this section applies only to a watershed
management partnership that:
(a) Was formed or qualified before July 1, 2006, under the
authority of RCW 39.34.200 and 39.34.210;
(b) Is not engaged in planning or in implementing a plan for a
water resource inventory area under the terms of chapter 90.82 RCW;
(c) Is composed entirely of cities and water-sewer districts
authorized to exercise the power of eminent domain in the manner
provided by chapter 8.12 RCW; and
(d) Is governed by a board of directors consisting entirely of
elected officials from the cities and water-sewer districts that
constitute the watershed management partnership.
(4) A watershed management partnership exercising authority under
this section shall report to the relevant legislative committees by
July 1, 2010. The report shall address the status of the water
system's project or projects, and the use, if any, of the authority
granted in this section, including any use of the authority for the
siting and construction of the system. The report shall also inform
the legislature of efforts to inform and involve the public of the
affected areas regarding siting and construction of system facilities.
The report shall, in addition, address the necessity or advisability of
continuing the authority authorized under this section after the date
of expiration of this section.
(5) This section expires July 1, 2011."
SHB 1561 -
By Senator
On page 1, line 2 of the title, after "governments;" strike the remainder of the title and insert "adding a new section to chapter 39.34 RCW; and providing an expiration date."