HOUSE BILL REPORT

SSB 5891

BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Williams, Benitz, Lee, Madsen and Bauer)

Revising provisions on water resource policy.

House Committe on Natural Resources & Parks

Majority Report:  Do pass with amendment.  (8)

      Signed by Representatives K. Wilson, Chair; Beck, Ranking Republican Member; Brumsickle; Dellwo; Ferguson;R. Fisher; Hargrove and Sayan.

Minority Report:  Do not pass.  (1)

      Signed by Representative Fuhrman.

House Staff:Bill Koss (786-7129)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

The Department of Ecology administers the state's water resources programs. These include establishing and protecting water rights, protection of instream resources through establishing minimum stream flow levels, and issuance of water rights to applicants based on the economic and environmental qualities of the applicant's proposal.  In performing these tasks, Ecology relies on legislative direction.  The legislation is primarily embodied in the 1917 water code, as updated in 1969 and 1971.

In the past several years some interest groups have sought additional water for instream uses such as recreation and aquatic habitat.  At the same time, Ecology has received applications for more withdrawals of water from streams.

In 1987, Ecology prepared an Environmental Impact Statement describing various plans for allocating water among competing users.  In so doing, it identified a preferred alternative.  The concerns of various interest groups were sufficient that the 1988 Legislature was asked to defer implementation of the preferred alternative.

SB 6724, passed in 1988, did defer Ecology's implementation of the preferred alternative.  It also placed a moratorium of issuance on new permanent water rights, granting of water reservations, and changing the regulations regarding setting minimum stream flows.  To resolve the policy questions surrounding water allocation and the other issues, the Joint Select Committee on Water Resource Policy was established.

The committee prepared a report to the 1989 Legislature recommending it use additional time before suggesting modifications to the existing water policies.

SUMMARY:

The tasks assigned to the Joint Select Committee on Water Resource Policy in 1988 are made more specific.  It shall review the state's fundamental water resource policies, considering the social, economic and environmental consequences of alternative programs.  Areas of possible review include protection of instream flow levels, water allocation, conservation, planning, transfers, new sources, the ground water program, funding, tribal and federal reserved water right claims, and the administrative structure of the water resources program.

The committee may hire staff, hold public meetings, report to the legislature and contract for additional research or mediation services.  To facilitate preparing water policies, the committee may appoint a technical advisory group and a public advisory group.  Members of the groups may be reimbursed for their expenses.

The Department of Ecology shall consult with the committee, in a procedure agreed to by the committee, on matters that may affect the committee's review of water policies.  Ecology may not adopt any water reservation unless it is conditioned so that it may be altered based on enacting recommendations of the committee.

The committee, the requirement for consultation by Ecology, and the conditioning of reservations expire June 30, 1991.

None of the provisions shall apply to or interfere with the issuance of water rights associated with the Yakima River Basin Enhancement Project.

Technical amendments to several portions of SB 6724 are included.

An emergency clause, with a July 1 effective date, is included.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Merle R. Gibbens, South Columbia Basin Irrigation District; Jim Miller, Washington Water Utility Council.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Support broadening the number of participants involved with the Joint Select Committee.  Use of a Technical Advisory Committee and a Public Advisory Committee responds to some of the concerns over the Joint Select Committee's process.  The Technical Advisory Committee should contain more than just government participation.

House Committee - Testimony Against:      None Presented.