reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.150 - Information required to be maintained on the department's website.

RCW 90.80.150
Information required to be maintained on the department's website.
The department shall maintain information on its website concerning the boards formed or sought to be formed under the authority of this chapter, the transfer applications reviewed and other activities conducted by the boards, and the funding of such boards. Conservancy boards must provide information regarding their activities to the department to assist the department in updating this information at least biennially in even-numbered years.
[ 2014 c 76 § 12; 2001 c 237 § 21; 1997 c 441 § 19.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.005 - Purpose.

RCW 90.82.005
Purpose.
The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development.
It is necessary for the legislature to establish processes and policies that will result in providing state agencies with more specific guidance to manage the water resources of the state consistent with current law and direction provided by local entities and citizens through the process established in accordance with this chapter.
[ 1997 c 442 § 101.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.010 - Finding.

RCW 90.82.010
Finding.
The legislature finds that the local development of watershed plans for managing water resources and for protecting existing water rights is vital to both state and local interests. The local development of these plans serves vital local interests by placing it in the hands of people: Who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed; and who have the greatest stake in the proper, long-term management of the resources. The development of such plans serves the state's vital interests by ensuring that the state's water resources are used wisely, by protecting existing water rights, by protecting instream flows for fish, and by providing for the economic well-being of the state's citizenry and communities. Therefore, the legislature believes it necessary for units of local government throughout the state to engage in the orderly development of these watershed plans.
[ 1997 c 442 § 102.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.020 - Definitions.

RCW 90.82.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Implementing rules" for a WRIA plan are the rules needed to give force and effect to the parts of the plan that create rights or obligations for any party including a state agency or that establish water management policy.
(3) "Minimum instream flow" means a minimum flow under chapter 90.03 or 90.22 RCW or a base flow under chapter 90.54 RCW.
(4) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.
(5) "Water supply utility" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district or a division or unit responsible for administering a publicly governed water supply system on behalf of a county.
(6) "WRIA plan" or "plan" means the product of the planning unit including any rules adopted in conjunction with the product of the planning unit.
[ 1997 c 442 § 103.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.030 - Principles.

RCW 90.82.030
Principles.
In order to have the best possible program for appropriating and administering water use in the state, the legislature establishes the following principles and criteria to carry out the purpose and intent of chapter 442, Laws of 1997.
(1) All WRIA planning units established under this chapter shall develop a process to assure that water resource user interests and directly involved interest groups at the local level have the opportunity, in a fair and equitable manner, to give input and direction to the process.
(2) If a planning unit requests technical assistance from a state agency as part of its planning activities under this chapter and the assistance is with regard to a subject matter over which the agency has jurisdiction, the state agency shall provide the technical assistance to the planning unit.
(3) Plans developed under chapter 442, Laws of 1997 shall be consistent with and not duplicative of efforts already under way in a WRIA, including but not limited to watershed analysis conducted under state forest practices statutes and rules.
[ 1997 c 442 § 104.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.043 - Implementation plan.

RCW 90.82.043
Implementation plan.
(1) Within one year of accepting funding under RCW 90.82.040(2)(e), the planning unit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all subsequent years of the phase four grant.
(2) Each implementation plan must contain strategies to provide sufficient water for: (a) Production agriculture; (b) commercial, industrial, and residential use; and (c) instream flows. Each implementation plan must contain timelines to achieve these strategies and interim milestones to measure progress.
(3) The implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal agreements, rules, or ordinances; any needed state or local administrative approvals and permits that must be secured; and specific funding mechanisms.
(4) In developing the implementation plan, the planning unit must consult with other entities planning in the watershed management area and identify and seek to eliminate any activities or policies that are duplicative or inconsistent.
[ 2014 c 76 § 13; 2007 c 445 § 6; 2003 1st sp.s. c 4 § 3.]
NOTES:
Findings—Intent—2007 c 445: See note following RCW 90.46.005.
Findings—2003 1st sp.s. c 4: See note following RCW 90.82.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.048 - Implementation plan—Timelines and milestones.

RCW 90.82.048
Implementation plan—Timelines and milestones.
(1) The timelines and interim milestones in a detailed implementation plan required by RCW 90.82.043 must address the planned future use of existing water rights for municipal water supply purposes, as defined in RCW 90.03.015, that are inchoate, including how these rights will be used to meet the projected future needs identified in the watershed plan, and how the use of these rights will be addressed when implementing instream flow strategies identified in the watershed plan.
(2) The watershed planning unit or other authorized lead agency shall ensure that holders of water rights for municipal water supply purposes not currently in use are asked to participate in defining the timelines and interim milestones to be included in the detailed implementation plan.
(3) The department of health shall annually compile a list of water system plans and plan updates to be reviewed by the department during the coming year and shall consult with the departments of *community, trade, and economic development, ecology, and fish and wildlife to: (a) Identify watersheds where further coordination is needed between water system planning and local watershed planning under this chapter; and (b) develop a work plan for conducting the necessary coordination.
[ 2003 1st sp.s. c 5 § 9.]
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.050 - Limitations on liability.

RCW 90.82.050
Limitations on liability.
(1) This chapter shall not be construed as creating a new cause of action against the state or any county, city, town, water supply utility, conservation district, or planning unit.
(2) Notwithstanding RCW 4.92.090, 4.96.010, and 64.40.020, no claim for damages may be filed against the state or any county, city, town, water supply utility, tribal governments, conservation district, or planning unit that or member of a planning unit who participates in a WRIA planning unit for performing responsibilities under this chapter.
[ 1997 c 442 § 106.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.085 - Instream flows—Assessing and setting or amending.

RCW 90.82.085
Instream flows—Assessing and setting or amending.
By October 1, 2001, the department of ecology shall complete a final nonproject environmental impact statement that evaluates streamflows to meet the alternative goals of maintaining, preserving, or enhancing instream resources and the technically defensible methodologies for determining these streamflows. Planning units and state agencies assessing and setting or amending instream flows must, as a minimum, consider the goals and methodologies addressed in the nonproject environmental impact statement. A planning unit or state agency may assess, set, or amend instream flows in a manner that varies from the final nonproject environmental impact statement if consistent with applicable instream flow laws.
[ 2001 c 237 § 3.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.090 - Water quality component.

RCW 90.82.090
Water quality component.
If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:
(1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area;
(2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The analysis shall take into account seasonal streamflow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;
(3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area;
(4) An examination of any total maximum daily load established for nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060;
(5) An examination of existing data related to the impact of fresh water on marine water quality;
(6) A recommended approach for implementing the total maximum daily load established for achieving compliance with water quality standards for the nonmarine bodies of water in the management area, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060; and
(7) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards.
This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter does not authorize any planning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act.
[ 1998 c 247 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.100 - Habitat component.

RCW 90.82.100
Habitat component.
If the initiating governments choose to include a habitat component, the watershed plan shall be coordinated or developed to protect or enhance fish habitat in the management area. Such planning must rely on existing laws, rules, or ordinances created for the purpose of protecting, restoring, or enhancing fish habitat, including the shoreline management act, chapter 90.58 RCW, the growth management act, chapter 36.70A RCW, and the forest practices act, chapter 76.09 RCW. Planning established under this section shall be integrated with strategies developed under other processes to respond to potential and actual listings of salmon and other fish species as being threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. Where habitat restoration activities are being developed under chapter 246, Laws of 1998, such activities shall be relied on as the primary nonregulatory habitat component for fish habitat under this chapter.
[ 1998 c 247 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.110 - Identification of projects and activities.

RCW 90.82.110
Identification of projects and activities.
The planning unit shall review historical data such as fish runs, weather patterns, land use patterns, seasonal flows, and geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural resource management or enhancement in the management area and the products or status of those that have been initiated but not completed for such management in the management area, and incorporate their products as appropriate so as not to duplicate the work already performed or underway.
The planning group is encouraged to identify projects and activities that are likely to serve both short-term and long-term management goals and that warrant immediate financial assistance from the state, federal, or local government. If there are multiple projects, the planning group shall give consideration to ranking projects that have the greatest benefit and schedule those projects that should be implemented first.
[ 1998 c 247 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.120 - Plan parameters.

RCW 90.82.120
Plan parameters.
(1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry established under chapter 90.14 RCW or a water right certificate or permit; (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before June 11, 1998, or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before June 11, 1998; (d) affect or interfere with an ongoing general adjudication of water rights; (e) modify or require the modification of any waste discharge permit issued under chapter 90.48 RCW; (f) modify or require the modification of activities or actions taken or intended to be taken under a habitat restoration work schedule developed under chapter 246, Laws of 1998; or (g) modify or require the modification of activities or actions taken to protect or enhance fish habitat if the activities or actions are: (i) Part of an approved habitat conservation plan and an incidental take permit, an incidental take statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of a water quality program adopted by an irrigation district under chapter 87.03 RCW or a board of joint control under chapter 87.80 RCW. This subsection (1)(g) applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, or statement. Any assessment conducted under RCW 90.82.070, 90.82.090, or 90.82.100 shall take into consideration such activities and actions and those taken under the forest practices rules, including watershed analysis adopted under the forest practices act, chapter 76.09 RCW.
(2) Watershed planning developed and approved under this chapter shall not change existing local ordinances or existing state rules or permits, but may contain recommendations for changing such ordinances or rules.
(3) Notwithstanding any other provision of this chapter, watershed planning shall take into account forest practices rules under the forest practices act, chapter 76.09 RCW, and shall not create any obligations or restrictions on forest practices additional to or inconsistent with the forest practices act and its implementing rules, whether watershed planning is approved by the counties or the department.
[ 1998 c 247 § 8.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.82 - Watershed Planning. › 90.82.140 - Use of monitoring recommendations in RCW 77.85.210.

RCW 90.82.140
Use of monitoring recommendations in RCW 77.85.210.
In conducting assessments and other studies that include monitoring components or recommendations, the department and planning units shall implement the monitoring recommendations developed under *RCW 77.85.210.
[ 2001 c 298 § 2.]
NOTES:
*Reviser's note: RCW 77.85.210 was repealed by 2005 c 309 § 10.
Finding—Intent—2001 c 298: "The legislature finds that a comprehensive program of monitoring is fundamental to making sound public policy and programmatic decisions regarding salmon recovery and watershed health. Monitoring provides accountability for results of management actions and provides the data upon which an adaptive management framework can lead to improvement of strategies and programs. Monitoring is also a required element of any salmon recovery plan submitted to the federal government for approval. While numerous agencies and citizen organizations are engaged in monitoring a wide range of salmon recovery and watershed health parameters, there is a greater need for coordination of monitoring efforts, for using limited monitoring resources to obtain information most useful for achieving relevant local, state, and federal requirements regarding watershed health and salmon recovery, and for making the information more accessible to those agencies and organizations implementing watershed health programs and projects. Regarding salmon recovery monitoring, the state independent science panel has concluded that many programs already monitor indicators relevant to salmonids, but the efforts are largely uncoordinated or unlinked among programs, have different objectives, use different indicators, lack support for sharing data, and lack shared statistical designs to address specific issues raised by listing of salmonid species under the federal endangered species act.
Therefore, it is the intent of the legislature to encourage the refocusing of existing agency monitoring activities necessary to implement a comprehensive watershed health monitoring program, with a focus on salmon recovery. The program should: Be based on a framework of greater coordination of existing monitoring activities; require monitoring activities most relevant to adopted local, state, and federal watershed health objectives; and facilitate the exchange of monitoring information with agencies and organizations carrying out watershed health, salmon recovery, and water resources management planning and programs." [ 2001 c 298 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.005 - Findings—Purpose—Intent.

RCW 90.84.005
Findings—Purpose—Intent.
(1) The legislature finds that wetlands mitigation banks are an important tool for providing compensatory mitigation for unavoidable impacts to wetlands. The legislature further finds that the benefits of mitigation banks include: (a) Maintenance of the ecological functioning of a watershed by consolidating compensatory mitigation into a single large parcel rather than smaller individual parcels; (b) increased potential for the establishment and long-term management of successful mitigation by bringing together financial resources, planning, and scientific expertise not practicable for many project-specific mitigation proposals; (c) increased certainty over the success of mitigation and reduction of temporal losses of wetlands since mitigation banks are typically implemented and functioning in advance of project impacts; (d) potential enhanced protection and preservation of the state's highest value and highest functioning wetlands; (e) a reduction in permit processing times and increased opportunity for more cost-effective compensatory mitigation for development projects; and (f) the ability to provide compensatory mitigation in an efficient, predictable, and economically and environmentally responsible manner. Therefore, the legislature declares that it is the policy of the state to authorize wetland mitigation banking.
(2) The purpose of this chapter is to support the establishment of mitigation banks by: (a) Authorizing state agencies and local governments, as well as private entities, to achieve the goals of this chapter; and (b) providing a predictable, efficient, regulatory framework, including timely review of mitigation bank proposals. The legislature intends that, in the development and adoption of rules for banks, the department establish and use a collaborative process involving interested public and private entities.
[ 1998 c 248 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.010 - Definitions.

RCW 90.84.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Banking instrument" means the documentation of agency and bank sponsor concurrence on the objectives and administration of the bank that describes in detail the physical and legal characteristics of the bank, including the service area, and how the bank will be established and operated.
(2) "Bank sponsor" means any public or private entity responsible for establishing and, in most circumstances, operating a bank.
(3) "Credit" means a unit of trade representing the increase in the ecological value of the site, as measured by acreage, functions, and/or values, or by some other assessment method.
(4) "Department" means the department of ecology.
(5) "Wetlands mitigation bank" or "bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.
(6) "Mitigation" means sequentially avoiding impacts, minimizing impacts, and compensating for remaining unavoidable impacts.
(7) "Practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
(8) "Service area" means the designated geographic area in which a bank can reasonably be expected to provide appropriate compensation for unavoidable impacts to wetlands.
(9) "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
[ 1998 c 248 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.020 - Wetlands or wetlands banks—Authority for regulating.

RCW 90.84.020
Wetlands or wetlands banks—Authority for regulating.
This chapter does not create any new authority for regulating wetlands or wetlands banks beyond what is specifically provided for in this chapter. No authority is granted to the department under this chapter to adopt rules or guidance that apply to wetland projects other than banks under this chapter.
[ 1998 c 248 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.030 - Rules—Submission of proposed rules to legislative committees.

RCW 90.84.030
Rules—Submission of proposed rules to legislative committees.
(1) Subject to the requirements of this chapter, the department, through a collaborative process, shall adopt rules for:
(a) Certification, operation, and monitoring of wetlands mitigation banks. The rules shall include procedures to assure that:
(i) Priority is given to banks providing for the restoration of degraded or former wetlands;
(ii) Banks involving the creation and enhancement of wetlands are certified only where there are adequate assurances of success and that the bank will result in an overall environmental benefit; and
(iii) Banks involving the preservation of wetlands or associated uplands are certified only when the preservation is in conjunction with the restoration, enhancement, or creation of a wetland, or in other exceptional circumstances as determined by the department consistent with this chapter;
(b) Determination and release of credits from banks. Procedures regarding credits shall authorize the use and sale of credits to offset adverse impacts and the phased release of credits as different levels of the performance standards are met;
(c) Public involvement in the certification of banks, using existing statutory authority;
(d) Coordination of governmental agencies, including early notification of the local government where the bank is located;
(e) Establishment of criteria for determining service areas for each bank in accordance with subsection (2) of this section;
(f) Performance standards; and
(g) Long-term management, financial assurances, and remediation for certified banks.
(2) The criteria for determining service areas under subsection (1)(e) of this section shall include a requirement that restricts the maximum extent of the service area of a wetlands mitigation bank to the water resource inventory area (WRIA) as established under chapter 173-500 WAC in which the bank is located except where a service area may include parts of other WRIAs if it is ecologically defensible and appropriate.
(3) Before adopting rules under this chapter, the department shall submit the proposed rules to the appropriate standing committees of the legislature. By January 30, 1999, the department shall submit a report to the appropriate standing committees of the legislature on its progress in developing rules under this chapter.
[ 2008 c 80 § 1; 1998 c 248 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.040 - Certification of banks—Approval of use of credits by state and local governments.

RCW 90.84.040
Certification of banks—Approval of use of credits by state and local governments.
(1) The department may certify only those banks that meet the requirements of this chapter. Certification shall be accomplished through a banking instrument. The local jurisdiction in which the bank is located shall be signatory to the banking instrument.
(2) For a bank for which an application for a banking instrument was filed January 1, 2008, or thereafter, the department may not certify a bank without local approval of the bank. The local jurisdiction in which the bank is located has final approval over the certification of the mitigation bank. If the local government approves the bank, it shall be a signatory to the banking instrument.
(3) State agencies and local governments may approve use of credits from a bank for any mitigation required under a permit issued or approved by that state agency or local government to compensate for the proposed impacts of a specific public or private project.
[ 2008 c 80 § 2; 1998 c 248 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.050 - Approval of use of credits by the department—Requirements.

RCW 90.84.050
Approval of use of credits by the department—Requirements.
Prior to authorizing use of credits from a bank as a means of mitigation under a permit issued or approved by the department, the department must assure that all appropriate and practicable steps have been undertaken to first avoid and then minimize adverse impacts to wetlands. In determining appropriate steps to avoid and minimize adverse impacts to wetlands, the department shall take into consideration the functions and values of the wetland, including fish habitat, groundwater quality, and protection of adjacent properties. The department may approve use of credits from a bank when:
(1) The credits represent the creation, restoration, or enhancement of wetlands of like kind and in close proximity when estuarine wetlands are being mitigated;
(2) There is no practicable opportunity for on-site compensation; or
(3) Use of credits from a bank is environmentally preferable to on-site compensation.
[ 1998 c 248 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.84 - Wetlands Mitigation Banking. › 90.84.060 - Interpretation of chapter and rules.

RCW 90.84.060
Interpretation of chapter and rules.
The interpretation of this chapter and rules adopted under this chapter must be consistent with applicable federal guidance for the establishment, use, and operation of wetlands mitigation banks as it existed on June 11, 1998, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this chapter.
[ 1998 c 248 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.86 - Joint Legislative Committee on Water Supply During Drought. › 90.86.010 - Joint legislative committee on water supply during drought.

RCW 90.86.010
Joint legislative committee on water supply during drought.
The joint legislative committee on water supply during drought is created.
[ 2005 c 60 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.86 - Joint Legislative Committee on Water Supply During Drought. › 90.86.020 - Membership.

RCW 90.86.020
Membership.
The committee shall consist of four senators and four representatives who shall be selected biennially as follows:
(1) The president of the senate shall appoint four members from the senate to serve on the committee, including the chair of the committee responsible for water resource issues. Two members from each major political party must be appointed.
(2) The speaker of the house of representatives shall appoint four members from the house of representatives to serve on the committee, including the chair of the committee responsible for water resource issues. Two members from each major political party must be appointed.
(3) The committee shall elect a chair and a vice chair. The chair shall be a member of the house of representatives in even-numbered years and a member of the senate in odd-numbered years.
(4) The presiding officer of the appropriate legislative chamber shall fill any vacancies occurring on the committee by appointment from the same political party as the departing member.
(5) Members shall serve until their successors are appointed as provided in this section, or until they are no longer members of the legislature, whichever is sooner.
[ 2005 c 60 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.86 - Joint Legislative Committee on Water Supply During Drought. › 90.86.030 - Meetings—Requests for information—Reports from department of ecology—Recommendations to the legislature.

RCW 90.86.030
Meetings—Requests for information—Reports from department of ecology—Recommendations to the legislature.
(1) The joint legislative committee on water supply during drought shall convene from time to time at the call of the chair when an advisory is in effect under RCW 43.83B.405(1), when a drought emergency order under RCW 43.83B.405 is in effect, or when the chair determines, in consultation with the department of ecology, that it is likely that such an order will be issued within the next year.
(2) The committee may request and review information relating to water supply conditions in the state, and economic, environmental, and other impacts relating to decreased water supply being experienced or anticipated. The governor's executive water emergency committee, the department of ecology, and other state agencies with water management or related responsibilities shall cooperate in responding to requests from the committee.
(3) During drought conditions in which a drought emergency order issued under RCW 43.83B.405(2) is in effect, the department of ecology shall provide to the committee no less than monthly a report describing drought response activities of the department and other state and federal agencies participating on the water supply availability committee. The report shall include information regarding applications for, and approvals and denials of emergency water withdrawals and temporary changes or transfers of, water rights under RCW 43.83B.410. The report must include information regarding grants applied for or issued under RCW 43.83B.415.
(4) The committee from time to time shall make recommendations to the senate and house of representatives on budgetary and legislative actions that will improve the state's drought response programs and planning.
[ 2023 c 287 § 5; 2010 1st sp.s. c 7 § 122; 2005 c 60 § 3.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.86 - Joint Legislative Committee on Water Supply During Drought. › 90.86.900 - Effective date—2005 c 60.

RCW 90.86.900
Effective date—2005 c 60.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 14, 2005].
[ 2005 c 60 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.005 - Findings—Intent.

RCW 90.88.005
Findings—Intent.
(1) The legislature finds that Hood Canal is a precious aquatic resource of our state. The legislature finds that Hood Canal is a rich source of recreation, fishing, aquaculture, and aesthetic enjoyment for the citizens of this state. The legislature also finds that Hood Canal has great cultural significance for the tribes in the Hood Canal area. The legislature therefore recognizes Hood Canal's substantial environmental, cultural, economic, recreational, and aesthetic importance in this state.
(2) The legislature finds that Hood Canal is a marine water of the state at significant risk. The legislature finds that Hood Canal has a "dead zone" related to low-dissolved oxygen concentrations, a condition that has recurred for many years. The legislature also finds that this problem and various contributors to the problem were documented in the May 2004 Preliminary Assessment and Corrective Action Plan published by the state agency known as the Puget Sound action team and the Hood Canal coordinating council.
(3) The legislature further finds that significant research, monitoring, and study efforts are currently occurring regarding Hood Canal's low-dissolved oxygen concentrations. The legislature also finds numerous public, private, and community organizations are working to provide public education and identify potential solutions. The legislature recognizes that, while some information and research is now available and some potential solutions have been identified, more research and analysis is needed to fully develop a program to address Hood Canal's low-dissolved oxygen concentrations.
(4) The legislature finds a need exists for the state to take action to address Hood Canal's low-dissolved oxygen concentrations. The legislature also finds establishing an aquatic rehabilitation zone for Hood Canal will serve as a statutory framework for future regulations and programs directed at recovery of this important aquatic resource.
(5) The legislature therefore intends to establish an aquatic rehabilitation zone for Hood Canal as the framework to address Hood Canal's low-dissolved oxygen concentrations. The legislature also intends to incorporate provisions in the new statutory chapter creating the designation as solutions are identified regarding this problem.
[ 2007 c 341 § 50; 2005 c 478 § 1.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.010 - Designation by the legislature—Zone one established.

RCW 90.88.010
Designation by the legislature—Zone one established.
(1) Aquatic rehabilitation zones may be designated by the legislature for areas whose surrounding marine water bodies pose serious environmental or public health concerns.
(2) Aquatic rehabilitation zone one is established. Aquatic rehabilitation zone one includes all watersheds that drain to Hood Canal south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county.
[ 2005 c 478 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.040 - Forest practices—Nonapplicability of chapter.

RCW 90.88.040
Forest practices—Nonapplicability of chapter.
This chapter does not apply to forest practices regulated under chapter 76.09 RCW.
[ 2005 c 478 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.050 - Scope of chapter.

RCW 90.88.050
Scope of chapter.
This chapter does not alter, diminish, or expand the jurisdictional authorities in other statutes or affect the application of other statutory requirements or programs that do not specifically refer to aquatic rehabilitation zones.
[ 2005 c 478 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.900 - Effective date—2005 c 478.

RCW 90.88.900
Effective date—2005 c 478.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005].
[ 2005 c 478 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.901 - Regulatory authority not conferred.

RCW 90.88.901
Regulatory authority not conferred.
Nothing in chapter 479, Laws of 2005 provides any regulatory authority to the Puget Sound partnership, created in RCW 90.71.210, or the Hood Canal coordinating council.
[ 2007 c 341 § 53; 2005 c 479 § 5.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.902 - Activities subject to appropriations.

RCW 90.88.902
Activities subject to appropriations.
The activities of the Puget Sound partnership, created in RCW 90.71.210, and the Hood Canal coordinating council required by chapter 479, Laws of 2005 are subject to the availability of amounts appropriated for this specific purpose.
[ 2007 c 341 § 54; 2005 c 479 § 6.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.88 - Aquatic Rehabilitation Zones. › 90.88.903 - Effective date—2005 c 479.

RCW 90.88.903
Effective date—2005 c 479.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005].
[ 2005 c 479 § 8.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.005 - Finding.

RCW 90.90.005
Finding.
(1) The legislature finds that a key priority of water resource management in the Columbia river basin is the development of new water supplies that includes storage and conservation in order to meet the economic and community development needs of people and the instream flow needs of fish.
(2) The legislature therefore declares that a Columbia river basin water supply development program is needed, and directs the department of ecology to aggressively pursue the development of water supplies to benefit both instream and out-of-stream uses.
[ 2006 c 6 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.020 - Allocation and development of water supplies.

RCW 90.90.020
Allocation and development of water supplies.
(1)(a) Water supplies secured through the development of new storage facilities made possible with funding from the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, and the Columbia river basin water supply revenue recovery account shall be allocated as follows:
(i) Two-thirds of active storage shall be available for appropriation for out-of-stream uses; and
(ii) One-third of active storage shall be available to augment instream flows and shall be managed by the department of ecology. The timing of releases of this water shall be determined by the department of ecology, in cooperation with the department of fish and wildlife and fisheries comanagers, to maximize benefits to salmon and steelhead populations.
(b) Water available for appropriation under (a)(i) of this subsection but not yet appropriated shall be temporarily available to augment instream flows to the extent that it does not impair existing water rights.
(2) Water developed under the provisions of this section to offset out-of-stream uses and for instream flows is deemed adequate mitigation for the issuance of new water rights provided for in subsection (1)(a) of this section and satisfies all consultation requirements under state law related to the issuance of new water rights.
(3) The department of ecology shall focus its efforts to develop water supplies for the Columbia river basin on the following needs:
(a) Alternatives to groundwater for agricultural users in the Odessa subarea aquifer;
(b) Sources of water supply for pending water right applications;
(c) A new uninterruptible supply of water for the holders of interruptible water rights on the Columbia river mainstem that are subject to instream flows or other mitigation conditions to protect streamflows; and
(d) New municipal, domestic, industrial, and irrigation water needs within the Columbia river basin.
(4) The one-third/two-thirds allocation of water resources between instream and out-of-stream uses established in this section does not apply to:
(a) Applications for changes or transfers of existing water rights in the Columbia river basin; or
(b) Applications for water rights in the Walla Walla river basin implementing the Walla Walla water 2050 plan adopted June 30, 2021.
[ 2023 c 239 § 1; 2011 c 83 § 4; 2006 c 6 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.040 - Columbia river water supply inventory—Long-term water supply and demand forecast.

RCW 90.90.040
Columbia river water supply inventory—Long-term water supply and demand forecast.
(1) To support the development of new water supplies in the Columbia river and to protect instream flow, the department of ecology shall work with all interested parties, including interested county legislative authorities and watershed planning groups in the Columbia river basin, and affected tribal governments, to develop a Columbia river water supply inventory and a long-term water supply and demand forecast. The inventory must include:
(a) A list of conservation projects that have been implemented under this chapter and the amount of water conservation they have achieved; and
(b) A list of potential water supply and storage projects in the Columbia river basin, including estimates of:
(i) Cost per acre-foot;
(ii) Benefit to fish and other instream needs;
(iii) Benefit to out-of-stream needs; and
(iv) Environmental and cultural impacts.
(2) The department of ecology shall complete the first Columbia river water supply inventory by November 15, 2006, and shall update the inventory annually thereafter.
(3) The department of ecology shall complete the first Columbia river long-term water supply and demand forecast by November 15, 2006, and shall update the report every five years thereafter.
[ 2011 c 83 § 6; 2006 c 6 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.90 - Columbia River Basin Water Supply. › 90.90.050 - Columbia river mainstem water resources information system.

RCW 90.90.050
Columbia river mainstem water resources information system.
(1) In order to better understand current water use and instream flows in the Columbia river mainstem, the department of ecology shall establish and maintain a Columbia river mainstem water resources information system that provides the information necessary for effective mainstem water resource planning and management.
(2) To accomplish the objective in subsection (1) of this section, the department of ecology shall use information compiled by existing local watershed planning groups, federal agencies, the Bonneville power administration, irrigation districts, conservation districts in the basin, and other available sources. The information shall include:
(a) The total aggregate quantity of water rights issued under state permits and certificates and filed under state claims on the Columbia river mainstem and for groundwater within one mile of the mainstem; and
(b) The total aggregate volume of current water use under these rights as metered and reported by water users under current law.
(3) The department of ecology shall publish the aggregate data on the department's website no later than June 30, 2009, and shall periodically update the data.
(4) For purposes of this section, the definition of Columbia river mainstem in RCW 90.90.030(11) shall apply and the use of the definition is solely limited to the purpose of collecting data to meet the information requirements of this section.
[ 2018 c 72 § 2; 2006 c 6 § 6.]
NOTES: