BILL REQ. #: H-5196.7
State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/05/08.
AN ACT Relating to the Columbia river water delivery account; adding new sections to chapter 90.90 RCW; making appropriations; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 90.90 RCW
to read as follows:
(1) In 2006, the legislature enacted chapter 6, Laws of 2006, an
act relating to water resource management in the Columbia river basin.
In its enactment, the legislature established that a key priority of
water resource management in the Columbia river basin is the
development of new water supplies to meet economic and community
development needs concurrent with instream flow needs.
(2) Consistent with this intent, the governor and the legislature
are in agreement with the Confederated Tribes of the Colville
Reservation and the Spokane Tribe of Indians to support additional
releases of water from Lake Roosevelt. Because the sovereign and
proprietary interests of these tribal governments are directly affected
by water levels in Lake Roosevelt, the state intends to share a portion
of the benefits derived from Lake Roosevelt water releases and to
mitigate for any impacts such releases may have upon the tribes.
(3) These new releases of Lake Roosevelt water will bolster the
state economy and will meet the following critical needs: New surface
water supplies for farmers to replace the use of diminishing
groundwater in the Odessa aquifer; new water supplies for
municipalities with pending water right applications; enhanced
certainty for agricultural water users with water rights that are
interruptible during times of drought; and water to increase flows in
the river when salmon need it most.
(4) Nothing in chapter . . . , Laws of 2008 (this act) expands,
impairs, or otherwise affects the existing status and sovereignty of
the tribal governments involved in Lake Roosevelt water releases
pursuant to this section and section 3 of this act.
NEW SECTION. Sec. 2 A new section is added to chapter 90.90 RCW
to read as follows:
(1) Because the potential impacts of water releases under
agreements reached under this chapter on affected counties are unknown,
the department of ecology shall, by November 15, 2009:
(a) Conduct an assessment of the potential impacts, including
recommendations for mitigation, and report to appropriate committees of
the legislature; and
(b) Establish a process for identifying and reporting on future
impacts on the affected counties, and for making recommendations for
mitigation.
(2) The department of ecology shall aggressively pursue the
development of new water supplies in affected counties to benefit both
instream and out-of-stream uses.
(3) As used in this section, "affected counties" means those
counties east of the crest of the Cascade mountains with an
international border, or those counties east of the crest of the
Cascade mountains that border both a county with an international
border and a county with four hundred thousand or more residents.
NEW SECTION. Sec. 3 A new section is added to chapter 90.90 RCW
to read as follows:
(1) The Columbia river water delivery account is created in the
state treasury. Moneys in the account may be spent only after
appropriation. Revenues to the account consist of all moneys
transferred or appropriated to the account by law. The legislature may
appropriate moneys in the account:
(a) For distributions for purposes of section 1 of this act as
provided in this section; and
(b) To the department of ecology for other purposes relating to
implementation of sections 1 and 2 of this act.
(2) On July 1, 2008, and each July 1st thereafter for the duration
of the agreements described in section 1 of this act, the state
treasurer shall transfer moneys from the general fund into the Columbia
river water delivery account in the amounts described in subsection (3)
of this section.
(3) Subject to appropriations, on July 1, 2008, and each July 1st
thereafter, the state treasurer shall distribute moneys from the
Columbia river water delivery account as follows:
(a) To the Confederated Tribes of the Colville Reservation, on July
1, 2008, the sum of three million seven hundred seventy-five thousand
dollars; and on July 1, 2009, the sum of three million six hundred
twenty-five thousand dollars. Each July 1st thereafter for the
duration of the agreement, the treasurer shall distribute an amount
equal to the previous year's distribution adjusted for inflation based
upon the implicit price deflator provided by the economic and revenue
forecast council or successor agency.
(b) To the Spokane Tribe of Indians, on July 1, 2008, the sum of
two million two hundred fifty thousand dollars. Each July 1st
thereafter for the duration of the agreement, the treasurer shall
distribute an amount equal to the previous year's distribution adjusted
for inflation based upon the federal consumer price index, using the
official current base, compiled by the bureau of labor statistics,
United States department of labor, for Washington state using the
Seattle-Tacoma-Bremerton consolidated metropolitan statistical area.
(4) The state treasurer may not distribute moneys from the Columbia
river water delivery account to a tribe pursuant to this section unless
the director of ecology has certified in writing to the state treasurer
and the legislature that the agreement with the tribes is still in
effect.
NEW SECTION. Sec. 4 The sum of six million twenty-five thousand
dollars, or as much thereof as may be necessary, is appropriated for
the fiscal year ending June 30, 2009, from the Columbia river water
delivery account to the state treasurer solely for distribution as
provided in section 3 of this act.
NEW SECTION. Sec. 5 On July 1, 2008, the state treasurer shall
transfer from the general fund to the Columbia river water delivery
account the sum of two million one hundred fifty thousand dollars, or
as much thereof as may be necessary, for the purposes established in
section 6 of this act.
NEW SECTION. Sec. 6 (1) The sum of two million dollars is
appropriated for the fiscal year ending June 30, 2009, from the
Columbia river water delivery account to the department of ecology, for
distribution to affected counties as defined in section 2 of this act
to mitigate for negative impacts caused by releases of Lake Roosevelt
water for the purposes described in section 1 of this act. The
criteria for allocating these funds shall be developed by the
department in consultation with affected local governments.
(2) The sum of one hundred fifty thousand dollars is appropriated
for the fiscal year ending June 30, 2009, from the Columbia river water
delivery account to the department of ecology, to retain a contractor
to perform an independent analysis of legislative options to protect
rural communities in northeast Washington from disproportionate
economic, agricultural, and environmental impacts when upstream water
rights are purchased and transferred for use, or idled and used as
mitigation, in a downstream watershed or county. Before retaining a
contractor, the department shall consult with affected counties as
defined in section 2 of this act. The contractor selected shall
conduct the independent analysis and develop a report describing
options and recommended actions. The department of ecology shall
provide the report to the appropriate committees of the legislature by
December 1, 2008.
NEW SECTION. Sec. 7 This act takes effect July 1, 2008.