HOUSE BILL REPORT

SSB 5196

As Amended by the House

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Talmadge, Williams, Conner, Madsen, Gaspard, McMullen and Benitz; by request of Governor)

Regarding emergency drought relief.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendments.  (10)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Doty, Grant, McLean, H. Myers, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

Rereferred House Committee on Capital Facilities & Financing

Majority Report:  Do pass as amended by Committee on Capital Facilities & Financing and without amendments by Committee on Agriculture & Rural Development.  (13)

      Signed by Representatives H. Sommers, Chair; Rasmussen, Vice Chair; Schoon, Ranking Republican Member; Beck, Betrozoff, Bowman, Braddock, Bristow, Fraser, Jacobsen, Peery, Wang and Winsley.

House Staff:      Nancy Stevenson (786-7136)

AS PASSED HOUSE APRIL 10, 1989

BACKGROUND:

The Legislature has, on several occasions during recent years, enacted temporary, emergency water supply legislation in anticipation of drought conditions.  The legislation currently in effect until April 30, 1989, grants the Department of Ecology emergency authority to issue temporary water permits, to authorize temporary water transfers, and to provide certain grants and loans from monies appropriated from the receipts of bonds issued for emergency water supply projects.  It also establishes expedited permit processing procedures to be used by state and local governments regarding the emergency water supply projects.  A statute enacted for a drought forecasted to occur in 1977 also granted the Department of Social and Health Services the authority to issue certain temporary water permits.

SUMMARY:

Whenever it appears to the Department of Ecology that a drought condition exists or is forecast to exist, the department may, with the written approval of the Governor, issue an order which grants the department drought emergency powers. A "drought condition" is defined as being one in which water supplies for a geographic area, or for a significant portion of a geographic area, are below 75 percent of normal and the water shortage is likely to create undue hardships for various water uses and users.  Before issuing a drought order, the department must obtain the views of the state and federal agencies specified in the state's drought contingency plan.  A drought order must terminate by the end of the calendar year in which it is issued or, if extended with the written approval of the Governor, by the end of the succeeding calendar year.  Separate drought orders may be issued for different areas or successively for the same area.

CARRY-OVER OF CERTAIN EMERGENCY POWERS.  The authorities granted to the department with the adoption of such an order are those the department is currently authorized to exercise under drought emergency legislation adopted each of the last two years but which terminates on April 30, 1989.  Included is the authority to authorize temporary, emergency permits to withdraw water.  The department may also authorize, under the emergency procedures, the physical works associated with such emergency withdrawals on a permanent basis.  As under the current drought emergency statutes, the following apply to such emergency withdrawals and works:  the provisions of the State Environmental Policy Act and public bidding requirements are waived; state and local agencies must expedite the processing of any required permits and render decisions regarding them within 15 calendar days; and easements across public lands are authorized under certain circumstances.

The department is also authorized to issue temporary transfers of water or water rights under the same conditions which apply under the current drought emergency laws.  As under the current emergency laws, nothing authorized under these emergency provisions may interfere with existing water rights, may establish rights to water with or without any priority, or may preclude a person from filing for a water right under the provisions of the surface or groundwater codes.  As under the current temporary law, the department must adopt implementing rules; it may also employ additional personnel consistent with the term of a drought.

Under such a drought order (as is the case under current law), the department may also make loans or combinations of loans and grants from emergency water supply bond monies which have been appropriated.  In general, the provisions of current law regarding the use of these monies, the limitations on the share of a project that may be funded by these monies, and the limitations on the use of these monies for nonagricultural purposes also apply to funds used under the order.  With one exception, these bond monies may be used after June 30, 1989, only during a period which has been declared by an order of the department to be a drought.  As an exception to this rule, the monies may be used for the development of procedures to implement the state's drought contingency plan.

REPEALERS.  Provisions of current law are repealed which permit the department to authorize temporary, emergency withdrawals and transfers of water and establish other related drought emergency authorities.  Also repealed is a statute which authorized the Department of Social and Health Services to issue certain water permits during the drought forecasted to occur in 1977.

OTHER POWERS.  The department is authorized to revise the state's drought contingency plan and to acquire needed emergency drought-related equipment.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    (Agriculture & Rural Development)  Kaleen Cottingham, Office of the Governor; and Walter Larrick, Washington State Water Resources Association.

(Capital Facilities & Financing)  Ken Slattery, Department of Ecology.

House Committee - Testified Against:      (Agriculture & Rural Development)  None Presented.

(Capital Facilities & Financing)  None Presented.

House Committee - Testimony For:    (Agriculture & Rural Development)  The Legislature has responded to droughts in the past but, because of the timing of implementing programs, water users have not been able to use the monies or procedures provided by the Legislature.  With this bill, a program will be in place for timely use during the drought.

(Capital Facilities & Financing)  There is a need to respond to drought in a timely fashion.  The bill enables water users to make better and faster water management decisions.

House Committee - Testimony Against:      (Agriculture & Rural Development)  None Presented.

(Capital Facilities & Financing)  None Presented.