Watershed Planning (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.82)

Chapter Chapter 90.8290.82 RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions WATERSHED PLANNINGWATERSHED PLANNING SectionsSections 90.82.00590.82.005 Purpose.Purpose. 90.82.01090.82.010 Finding.Finding. 90.82.02090.82.020 Definitions.Definitions. 90.82.03090.82.030 Principles.Principles. 90.82.04090.82.040 WRIA planning unitsWRIA planning units——Watershed planning grantsWatershed planning grants——Eligibility criteriaEligibility criteria——AdministrativeAdministrative costs.costs. 90.82.04390.82.043 Implementation plan.Implementation plan. 90.82.04890.82.048 Implementation planImplementation plan——Timelines and milestones.Timelines and milestones. 90.82.05090.82.050 Limitations on liability.Limitations on liability. 90.82.06090.82.060 Initiation of watershed planningInitiation of watershed planning——Scope of planningScope of planning——Technical assistance from stateTechnical assistance from state agencies.agencies. 90.82.07090.82.070 Water quantity component.Water quantity component. 90.82.08090.82.080 Instream flow componentInstream flow component——RulesRules——Report.Report. 90.82.08590.82.085 Instream flowsInstream flows——Assessing and setting or amending.Assessing and setting or amending. 90.82.09090.82.090 Water quality component.Water quality component. 90.82.10090.82.100 Habitat component.Habitat component. 90.82.11090.82.110 Identification of projects and activities.Identification of projects and activities. 90.82.12090.82.120 Plan parameters.Plan parameters. 90.82.13090.82.130 Plan approvalPlan approval——Public notice and hearingPublic notice and hearing——Revisions.Revisions. 90.82.14090.82.140 Use of monitoring recommendations in RCW Use of monitoring recommendations in RCW 77.85.21077.85.210.. 90.82.00590.82.005 Purpose.Purpose. The purpose of this chapter is to develop a more thorough and cooperative method ofThe 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 thedetermining 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 objectivesstate and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development.for water resource management and development. It is necessary for the legislature to establish processes and policies that will result in providingIt 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 withstate 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 incurrent law and direction provided by local entities and citizens through the process established in accordance with this chapter.accordance with this chapter. [ [ 1997 c 442 § 101.1997 c 442 § 101.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.82 https://app.leg.wa.gov/RCW/default.aspx?cite=90.82 https://app.leg.wa.gov/RCW/dispo.aspx?cite=90.82 http://app.leg.wa.gov/RCW/default.aspx?cite=77.85.210 http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2054-S2.SL.pdf?cite=1997%20c%20442%20%C2%A7%20101. 90.82.01090.82.010 Finding.Finding. The legislature finds that the local development of watershed plans for managing water resourcesThe 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 ofand 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 greatestthese 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; andknowledge 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, long­term management of the resources. The development ofwho have the greatest stake in the proper, long­term 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,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 theby protecting existing water rights, by protecting instream flows for fish, and by providing for the economic well­being of the state's citizenry and communities. Therefore, the legislature believes iteconomic well­being 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 ofnecessary for units of local government throughout the state to engage in the orderly development of these watershed plans.these watershed plans. [ [ 1997 c 442 § 102.1997 c 442 § 102.]] 90.82.02090.82.020 Definitions.Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout thisUnless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.chapter. (1) "Department" means the department of ecology.(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(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 waterof the plan that create rights or obligations for any party including a state agency or that establish water management policy.management policy. (3) "Minimum instream flow" means a minimum flow under chapter (3) "Minimum instream flow" means a minimum flow under chapter 90.0390.03 or or 90.2290.22 RCW or a base RCW or a base flow under chapter flow under chapter 90.5490.54 RCW. RCW. (4) "WRIA" means a water resource inventory area established in chapter 173­500 WAC as it(4) "WRIA" means a water resource inventory area established in chapter 173­500 WAC as it existed on January 1, 1997.existed on January 1, 1997. (5) "Water supply utility" means a water, combined water­sewer, irrigation, reclamation, or public(5) "Water supply utility" means a water, combined water­sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district or a division or unitutility 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.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(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.conjunction with the product of the planning unit. [ [ 1997 c 442 § 103.1997 c 442 § 103.]] 90.82.03090.82.030 Principles.Principles. In order to have the best possible program for appropriating and administering water use in theIn 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 ofstate, the legislature establishes the following principles and criteria to carry out the purpose and intent of chapter 442, Laws of 1997.chapter 442, Laws of 1997. (1) All WRIA planning units established under this chapter shall develop a process to assure that(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,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.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(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 agencyactivities under this chapter and the assistance is with regard to a subject matter over which the agency http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2054-S2.SL.pdf?cite=1997%20c%20442%20%C2%A7%20102. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://app.leg.wa.gov/RCW/default.aspx?cite=90.22 http://app.leg.wa.gov/RCW/default.aspx?cite=90.54 http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2054-S2.SL.pdf?cite=1997%20c%20442%20%C2%A7%20103. has jurisdiction, the state agency shall provide the technical assistance to the planning unit.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(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 underof efforts already under way in a WRIA, including but not limited to watershed analysis conducted under state forest practices statutes and rules.state forest practices statutes and rules. [ [ 1997 c 442 § 104.1997 c 442 § 104.]] 90.82.04090.82.040 WRIA planning units—Watershed planning grants—Eligibility criteria—WRIA planning units—Watershed planning grants—Eligibility criteria— Administrative costs.Administrative costs. (1) Once a WRIA planning unit has been initiated under RCW (1) Once a WRIA planning unit has been initiated under RCW 90.82.06090.82.060 and a lead agency has and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistancebeen designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and implementation. Funds shall be provided from and to the extent offor conducting the planning and implementation. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.appropriations made by the legislature to the department expressly for this purpose. (2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive(2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive watershed planning grants in the following amounts for the first three phases of watershed planning andwatershed planning grants in the following amounts for the first three phases of watershed planning and phase four watershed plan implementation:phase four watershed plan implementation: (i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for(i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA or up to seventy­five thousand dollars for a multi­WRIA management area in accordancea single WRIA or up to seventy­five thousand dollars for a multi­WRIA management area in accordance with RCW with RCW 90.82.06090.82.060(4);(4); (ii)(A) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the(ii)(A) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the management area for conducting watershed assessments in accordance with RCW management area for conducting watershed assessments in accordance with RCW 90.82.07090.82.070, except, except that a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of thisthat a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of this subsection or whose initiating governments choose or have chosen to include an instream flow or watersubsection or whose initiating governments choose or have chosen to include an instream flow or water quality component in accordance with RCW quality component in accordance with RCW 90.82.08090.82.080 or or 90.82.09090.82.090 may apply for up to one hundred may apply for up to one hundred thousand additional dollars for each instream flow and up to one hundred thousand additional dollars forthousand additional dollars for each instream flow and up to one hundred thousand additional dollars for each water quality component included for each WRIA to conduct an assessment on that optionaleach water quality component included for each WRIA to conduct an assessment on that optional component and for each WRIA in which the assessments or studies under (a)(ii)(B) of this subsection arecomponent and for each WRIA in which the assessments or studies under (a)(ii)(B) of this subsection are conducted.conducted. (B) A planning unit may elect to apply for up to one hundred thousand additional dollars to(B) A planning unit may elect to apply for up to one hundred thousand additional dollars to conduct a detailed assessment of multipurpose water storage opportunities or for studies of specificconduct a detailed assessment of multipurpose water storage opportunities or for studies of specific multipurpose storage projects which opportunities or projects are consistent with and support the othermultipurpose storage projects which opportunities or projects are consistent with and support the other elements of the planning unit's watershed plan developed under this chapter; andelements of the planning unit's watershed plan developed under this chapter; and (iii) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the(iii) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the management area for developing a watershed plan and making recommendations for actions by local,management area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes, private property owners, private organizations, and individual citizens,state, and federal agencies, tribes, private property owners, private organizations, and individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan inincluding a recommended list of strategies and projects that would further the purpose of the plan in accordance with RCW accordance with RCW 90.82.06090.82.060 through through 90.82.10090.82.100.. (b) A planning unit may request a different amount for phase two or phase three of watershed(b) A planning unit may request a different amount for phase two or phase three of watershed planning than is specified in (a) of this subsection, provided that the total amount of funds awarded doplanning than is specified in (a) of this subsection, provided that the total amount of funds awarded do not exceed the maximum amount the planning unit is eligible for under (a) of this subsection. Thenot exceed the maximum amount the planning unit is eligible for under (a) of this subsection. The department shall approve such an alternative allocation of funds if the planning unit identifies how thedepartment shall approve such an alternative allocation of funds if the planning unit identifies how the proposed alternative will meet the goals of this chapter and provides a proposed timeline for theproposed alternative will meet the goals of this chapter and provides a proposed timeline for the completion of planning. However, the up to one hundred thousand additional dollars in funding forcompletion of planning. However, the up to one hundred thousand additional dollars in funding for instream flow and water quality components and for water storage assessments or studies that ainstream flow and water quality components and for water storage assessments or studies that a planning unit may apply for under (a)(ii)(A) of this subsection may be used only for those instream flow,planning unit may apply for under (a)(ii)(A) of this subsection may be used only for those instream flow, water quality, and water storage purposes.water quality, and water storage purposes. http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2054-S2.SL.pdf?cite=1997%20c%20442%20%C2%A7%20104. (c) By December 1, 2001, or within one year of initiating phase one of watershed planning,(c) By December 1, 2001, or within one year of initiating phase one of watershed planning, whichever occurs later, the initiating governments for each planning unit must inform the departmentwhichever occurs later, the initiating governments for each planning unit must inform the department whether they intend to have the planning unit establish or amend instream flows as part of its planningwhether they intend to have the planning unit establish or amend instream flows as part of its planning process. If they elect to have the planning unit establish or amend instream flows, the planning unit isprocess. If they elect to have the planning unit establish or amend instream flows, the planning unit is eligible to receive one hundred thousand dollars for that purpose in accordance with (a)(ii) of thiseligible to receive one hundred thousand dollars for that purpose in accordance with (a)(ii) of this subsection. If the initiating governments for a planning unit elect not to establish or amend instream flowssubsection. If the initiating governments for a planning unit elect not to establish or amend instream flows as part of the unit's planning process, the department shall retain one hundred thousand dollars to carryas part of the unit's planning process, the department shall retain one hundred thousand dollars to carry out an assessment to support establishment of instream flows and to establish such flows in accordanceout an assessment to support establishment of instream flows and to establish such flows in accordance with RCW with RCW 90.54.02090.54.020(3)(a) and chapter (3)(a) and chapter 90.2290.22 RCW. The department shall not use these funds to amend RCW. The department shall not use these funds to amend an existing instream flow unless requested to do so by the initiating governments for a planning unit.an existing instream flow unless requested to do so by the initiating governments for a planning unit. (d) In administering funds appropriated for supplemental funding for optional plan components(d) In administering funds appropriated for supplemental funding for optional plan components under (a)(ii) of this subsection, the department shall give priority in granting the available funds tounder (a)(ii) of this subsection, the department shall give priority in granting the available funds to proposals for setting or amending instream flows.proposals for setting or amending instream flows. (e) A planning unit may apply for a matching grant for phase four watershed plan implementation(e) A planning unit may apply for a matching grant for phase four watershed plan implementation following approval under the provisions of RCW following approval under the provisions of RCW 90.82.13090.82.130. A match of ten percent is required and may. A match of ten percent is required and may include financial contributions or in­kind goods and services directly related to coordination and oversightinclude financial contributions or in­kind goods and services directly related to coordination and oversight functions. The match can be provided by the planning unit or by the combined commitments from federalfunctions. The match can be provided by the planning unit or by the combined commitments from federal agencies, tribal governments, local governments, special districts, or other local organizations. Theagencies, tribal governments, local governments, special districts, or other local organizations. The phase four grant may be up to one hundred thousand dollars for each planning unit for each of the firstphase four grant may be up to one hundred thousand dollars for each planning unit for each of the first three years of implementation. At the end of the three­year period, a two­year extension may bethree years of implementation. At the end of the three­year period, a two­year extension may be available for up to fifty thousand dollars each year. For planning units that cover more than one WRIA,available for up to fifty thousand dollars each year. For planning units that cover more than one WRIA, additional matching funds of up to twenty­five thousand dollars may be available for each additionaladditional matching funds of up to twenty­five thousand dollars may be available for each additional WRIA per year for the first three years of implementation, and up to twelve thousand five hundred dollarsWRIA per year for the first three years of implementation, and up to twelve thousand five hundred dollars per WRIA per year for each of the fourth and fifth years.per WRIA per year for each of the fourth and fifth years. (3)(a) The department shall use the eligibility criteria in this subsection (3) instead of rules,(3)(a) The department shall use the eligibility criteria in this subsection (3) instead of rules, policies, or guidelines when evaluating grant applications at each stage of the grants program.policies, or guidelines when evaluating grant applications at each stage of the grants program. (b) In reviewing grant applications under this subsection (3), the department shall evaluate(b) In reviewing grant applications under this subsection (3), the department shall evaluate whether:whether: (i) The planning unit meets all of the requirements of this chapter;(i) The planning unit meets all of the requirements of this chapter; (ii) The application demonstrates a need for state planning funds to accomplish the objectives of(ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; andthe planning process; and (iii) The application and supporting information evidences a readiness to proceed.(iii) The application and supporting information evidences a readiness to proceed. (c) In ranking grant applications submitted at each stage of the grants program, the department(c) In ranking grant applications submitted at each stage of the grants program, the department shall give preference to applications in the following order of priority:shall give preference to applications in the following order of priority: (i) Applications from existing planning groups that have been in existence for at least one year;(i) Applications from existing planning groups that have been in existence for at least one year; (ii) Applications that address protection and enhancement of fish habitat in watersheds that have(ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federalaquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability toendangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth from:supply adequate water for population and economic growth from: (A) First, multi­WRIA planning; and(A) First, multi­WRIA planning; and (B) Second, single WRIA planning;(B) Second, single WRIA planning; (iii) Applications that address protection and enhancement of fish habitat in watersheds or for(iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population and economic growthwhich there is evidence of an inability to supply adequate water for population and economic growth from:from: (A) First, multi­WRIA planning; and(A) First, multi­WRIA planning; and (B) Second, single WRIA planning.(B) Second, single WRIA planning. (d) Except for phase four watershed plan implementation, the department may not impose any(d) Except for phase four watershed plan implementation, the department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving alocal matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.grant. (4) The department may retain up to one percent of funds allocated under this section to defray(4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.administrative costs. http://app.leg.wa.gov/RCW/default.aspx?cite=90.54.020 http://app.leg.wa.gov/RCW/default.aspx?cite=90.22 (5) Planning under this chapter should be completed as expeditiously as possible, with the focus(5) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.being on local stakeholders cooperating to meet local needs. (6) Funding provided under this section shall be considered a contractual obligation against the(6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.moneys appropriated for this purpose. [ [ 2003 1st sp.s. c 4 § 2;2003 1st sp.s. c 4 § 2; 2001 c 237 § 2;2001 c 237 § 2; 1998 c 247 § 1;1998 c 247 § 1; 1997 c 442 § 105.1997 c 442 § 105.]] NOTES:NOTES: FindingsFindings——2003 1st sp.s. c 4:2003 1st sp.s. c 4: "The legislature declares and reaffirms that a core principle "The legislature declares and reaffirms that a core principle embodied in chapter embodied in chapter 90.8290.82 RCW is that state agencies must work cooperatively with local citizens in a RCW is that state agencies must work cooperatively with local citizens in a process of planning for future uses of water by giving local citizens and the governments closest to themprocess of planning for future uses of water by giving local citizens and the governments closest to them the ability to determine the management of water in the WRIA or WRIAs being planned.the ability to determine the management of water in the WRIA or WRIAs being planned. The legislature further finds that this process of local planning must have all the toolsThe legislature further finds that this process of local planning must have all the tools necessary to accomplish this task and that it is essential for the legislature to provide a clear statutorynecessary to accomplish this task and that it is essential for the legislature to provide a clear statutory process for implementation so that the locally developed plan will be the adopted and implemented planprocess for implementation so that the locally developed plan will be the adopted and implemented plan to the greatest extent possible." [ to the greatest extent possible." [ 2003 1st sp.s. c 4 § 1.2003 1st sp.s. c 4 § 1.]] FindingFinding——IntentIntent——2001 c 237:2001 c 237: "The legislature is committed to meeting the needs of a "The legislature is committed to meeting the needs of a growing population and a healthy economy statewide; to meeting the needs of fish and healthygrowing population and a healthy economy statewide; to meeting the needs of fish and healthy watersheds statewide; and to advancing these two principles together, in increments over time.watersheds statewide; and to advancing these two principles together, in increments over time. The legislature finds that improved management of the state's water resources, clarifying theThe legislature finds that improved management of the state's water resources, clarifying the authorities, requirements, and timelines for establishing instream flows, providing timely decisions onauthorities, requirements, and timelines for establishing instream flows, providing timely decisions on water transfers, clarifying the authority of water conservancy boards, and enhancing the flexibility of ourwater transfers, clarifying the authority of water conservancy boards, and enhancing the flexibility of our water management system to meet both environmental and economic goals are important steps towater management system to meet both environmental and economic goals are important steps to providing a better future for our state.providing a better future for our state. The need for these improvements is particularly urgent as we are faced with droughtThe need for these improvements is particularly urgent as we are faced with drought conditions. The failure to act now will only increase the potential negative effects on both the economyconditions. The failure to act now will only increase the potential negative effects on both the economy and the environment, including fisheries resources.and the environment, including fisheries resources. Deliberative action over several legislative sessions and interim periods between sessions willDeliberative action over several legislative sessions and interim periods between sessions will be required to address the long­term goal of improving the responsiveness of the state water code tobe required to address the long­term goal of improving the responsiveness of the state water code to meet the diverse water needs of the state's citizenry. It is the intent of the legislature to begin this workmeet the diverse water needs of the state's citizenry. It is the intent of the legislature to begin this work now by providing tools to enable the state to respond to imminent drought conditions and othernow by providing tools to enable the state to respond to imminent drought conditions and other immediate problems relating to water resources management. It is also the legislature's intent to lay theimmediate problems relating to water resources management. It is also the legislature's intent to lay the groundwork for future legislation for addressing the state's long­term water problems." [ groundwork for future legislation for addressing the state's long­term water problems." [ 2001 c 237 § 1.2001 c 237 § 1.]] SeverabilitySeverability——2001 c 237:2001 c 237: "If any provision of this act or its application to any person or "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other personscircumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ or circumstances is not affected." [ 2001 c 237 § 33.2001 c 237 § 33.]] Effective dateEffective date——2001 c 237:2001 c 237: "This act is necessary for the immediate preservation of the "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, andpublic peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2001]." [ takes effect immediately [May 10, 2001]." [ 2001 c 237 § 34.2001 c 237 § 34.]] IntentIntent——2001 c 237:2001 c 237: See note following RCW See note following RCW 90.66.06590.66.065.. http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1336-S2.SL.pdf?cite=2003%201st%20sp.s.%20c%204%20%C2%A7%202; http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%202; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2054-S2.SL.pdf?cite=1997%20c%20442%20%C2%A7%20105. http://app.leg.wa.gov/RCW/default.aspx?cite=90.82 http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1336-S2.SL.pdf?cite=2003%201st%20sp.s.%20c%204%20%C2%A7%201. http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%201. http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%2033. http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%2034. http://app.leg.wa.gov/RCW/default.aspx?cite=90.66.065 90.82.04390.82.043 Implementation plan.Implementation plan. (1) Within one year of accepting funding under RCW (1) Within one year of accepting funding under RCW 90.82.04090.82.040(2)(e), the planning unit must(2)(e), the planning unit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the departmentcomplete 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.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)(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. EachProduction agriculture; (b) commercial, industrial, and residential use; and (c) instream flows. Each implementation plan must contain timelines to achieve these strategies and interim milestones toimplementation plan must contain timelines to achieve these strategies and interim milestones to measure progress.measure progress. (3) The implementation plan must clearly define coordination and oversight responsibilities; any(3) The implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal agreements, rules, or ordinances; any needed state or local administrative approvalsneeded interlocal agreements, rules, or ordinances; any needed state or local administrative approvals and permits that must be secured; and specific funding mechanisms.and permits that must be secured; and specific funding mechanisms. (4) In developing the implementation plan, the planning unit must consult with other entities(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 policiesplanning in the watershed management area and identify and seek to eliminate any activities or policies that are duplicative or inconsistent.that are duplicative or inconsistent. [ [ 2014 c 76 § 13;2014 c 76 § 13; 2007 c 445 § 6;2007 c 445 § 6; 2003 1st sp.s. c 4 § 3.2003 1st sp.s. c 4 § 3.]] NOTES:NOTES: FindingsFindings——IntentIntent——2007 c 445:2007 c 445: See note following RCW See note following RCW 90.46.00590.46.005.. FindingsFindings——2003 1st sp.s. c 4:2003 1st sp.s. c 4: See note following RCW See note following RCW 90.82.04090.82.040.. 90.82.04890.82.048 Implementation plan—Timelines and milestones.Implementation plan—Timelines and milestones. (1) The timelines and interim milestones in a detailed implementation plan required by RCW(1) The timelines and interim milestones in a detailed implementation plan required by RCW 90.82.04390.82.043 must address the planned future use of existing water rights for municipal water supply must address the planned future use of existing water rights for municipal water supply purposes, as defined in RCW purposes, as defined in RCW 90.03.01590.03.015, that are inchoate, including how these rights will be used to, 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 bemeet 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.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(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 definingwater 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.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(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 ofto 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*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 planningwhere 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.under this chapter; and (b) develop a work plan for conducting the necessary coordination. [ [ 2003 1st sp.s. c 5 § 9.2003 1st sp.s. c 5 § 9.]] NOTES:NOTES: http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/House/2636.SL.pdf?cite=2014%20c%2076%20%C2%A7%2013; http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/6117-S2.SL.pdf?cite=2007%20c%20445%20%C2%A7%206; http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1336-S2.SL.pdf?cite=2003%201st%20sp.s.%20c%204%20%C2%A7%203. http://app.leg.wa.gov/RCW/default.aspx?cite=90.46.005 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.015 http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1338-S2.SL.pdf?cite=2003%201st%20sp.s.%20c%205%20%C2%A7%209. *Reviser's note:*Reviser's note: The "department of community, trade, and economic development" was The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.renamed the "department of commerce" by 2009 c 565. SeverabilitySeverability——2003 1st sp.s. c 5:2003 1st sp.s. c 5: See note following RCW See note following RCW 90.03.01590.03.015.. 90.82.05090.82.050 Limitations on liability.Limitations on liability. (1) This chapter shall not be construed as creating a new cause of action against the state or any(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.county, city, town, water supply utility, conservation district, or planning unit. (2) Notwithstanding RCW (2) Notwithstanding RCW 4.92.0904.92.090, , 4.96.0104.96.010, and , and 64.40.02064.40.020, no claim for damages may be filed, no claim for damages may be filed against the state or any county, city, town, water supply utility, tribal governments, conservation district, oragainst 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 performingplanning unit that or member of a planning unit who participates in a WRIA planning unit for performing responsibilities under this chapter.responsibilities under this chapter. [ [ 1997 c 442 § 106.1997 c 442 § 106.]] 90.82.06090.82.060 Initiation of watershed planning—Scope of planning—Technical assistance fromInitiation of watershed planning—Scope of planning—Technical assistance from state agencies. (state agencies. (Effective until June 30, 2019.Effective until June 30, 2019.)) (1) Planning conducted under this chapter must provide for a process to allow the local citizens(1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi­WRIA area to join together in an effort to: (a) Assess the status of the waterwithin a WRIA or multi­WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi­WRIA area; and (b) determine how best to manage the water resourcesresources of their WRIA or multi­WRIA area; and (b) determine how best to manage the water resources of the WRIA or multi­WRIA area to balance the competing resource demands for that area within theof the WRIA or multi­WRIA area to balance the competing resource demands for that area within the parameters under RCW parameters under RCW 90.82.12090.82.120.. (2)(a) Watershed planning under this chapter may be initiated for a WRIA only with the(2)(a) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (i) All counties within the WRIA; (ii) the largest city or town within the WRIA unless theconcurrence of: (i) All counties within the WRIA; (ii) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (iii) the water supply utility obtaining the largest quantity ofWRIA does not contain a city or town; and (iii) the water supply utility obtaining the largest quantity of water from the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utilitywater from the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grantobtaining from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW for organizing the planning unit as provided for under RCW 90.82.04090.82.040(2)(a), these entities shall(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how thedesignate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.planning unit will be staffed. (b) For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA(b) For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA located entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and thelocated entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and the remaining portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40aremaining portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b. WRIA 40a shall be eligible for one­fourth of the funding available for a single WRIA, and WRIAand 40b. WRIA 40a shall be eligible for one­fourth of the funding available for a single WRIA, and WRIA 40b shall be eligible for three­fourths of the funding available for a single WRIA.40b shall be eligible for three­fourths of the funding available for a single WRIA. (c) For purposes of this chapter, WRIA 29 shall be divided such that the portion of the WRIA(c) For purposes of this chapter, WRIA 29 shall be divided such that the portion of the WRIA located entirely within the White Salmon subbasin and the subbasins east thereof shall be consideredlocated entirely within the White Salmon subbasin and the subbasins east thereof shall be considered WRIA 29b and the remaining portion shall be considered WRIA 29a. Planning may be conductedWRIA 29b and the remaining portion shall be considered WRIA 29a. Planning may be conducted separately for WRIA 29a and 29b. WRIA 29a shall be eligible for one­half of the funding available for aseparately for WRIA 29a and 29b. WRIA 29a shall be eligible for one­half of the funding available for a single WRIA and WRIA 29b shall be eligible for one­half of the funding available for a single WRIA.single WRIA and WRIA 29b shall be eligible for one­half of the funding available for a single WRIA. (d) For purposes of this chapter, WRIA 14 shall be divided such that the portion of the WRIA(d) For purposes of this chapter, WRIA 14 shall be divided such that the portion of the WRIA where surface waters drain into Hood Canal shall be considered WRIA 14b, and the remaining portionwhere surface waters drain into Hood Canal shall be considered WRIA 14b, and the remaining portion http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.015 http://app.leg.wa.gov/RCW/default.aspx?cite=4.92.090 http://app.leg.wa.gov/RCW/default.aspx?cite=4.96.010 http://app.leg.wa.gov/RCW/default.aspx?cite=64.40.020 http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2054-S2.SL.pdf?cite=1997%20c%20442%20%C2%A7%20106. shall be considered WRIA 14a. Planning for WRIA 14b under this chapter shall be conducted by theshall be considered WRIA 14a. Planning for WRIA 14b under this chapter shall be conducted by the WRIA 16 planning unit. WRIA 14b shall be eligible for one­half of the funding available for a single WRIA,WRIA 16 planning unit. WRIA 14b shall be eligible for one­half of the funding available for a single WRIA, and WRIA 14a shall be eligible for one­half of the funding available for a single WRIA.and WRIA 14a shall be eligible for one­half of the funding available for a single WRIA. (3) Watershed planning under this chapter may be initiated for a multi­WRIA area only with the(3) Watershed planning under this chapter may be initiated for a multi­WRIA area only with the concurrence of: (a) All counties within the multi­WRIA area; (b) the largest city or town in each WRIAconcurrence of: (a) All counties within the multi­WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largestunless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water in each WRIA.quantity of water in each WRIA. (4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed,(4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they shall invite all tribes with reservation lands within the management area.they shall invite all tribes with reservation lands within the management area. (5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively(5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept the invitation, constitute the initiating governments for the purposes of this section.accept the invitation, constitute the initiating governments for the purposes of this section. (6) The organizing grant shall be used to organize the planning unit and to determine the scope of(6) The organizing grant shall be used to organize the planning unit and to determine the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall bethe planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The scope of planning must include watergiven to all existing plans and related planning activities. The scope of planning must include water quantity elements as provided in RCW quantity elements as provided in RCW 90.82.07090.82.070, and may include water quality elements as contained, and may include water quality elements as contained in RCW in RCW 90.82.09090.82.090, habitat elements as contained in RCW , habitat elements as contained in RCW 90.82.10090.82.100, and instream flow elements as, and instream flow elements as contained in RCW contained in RCW 90.82.08090.82.080. The initiating governments shall work with state government, other local. The initiating governments shall work with state government, other local governments within the management area, and affected tribal governments, in developing a planninggovernments within the management area, and affected tribal governments, in developing a planning process. The initiating governments may hold public meetings as deemed necessary to develop aprocess. The initiating governments may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposedproposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall provide for representation of a widecomposition of the planning unit, the initiating governments shall provide for representation of a wide range of water resource interests.range of water resource interests. (7) Each state agency with regulatory or other interests in the WRIA or multi­WRIA area to be(7) Each state agency with regulatory or other interests in the WRIA or multi­WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizingplanned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation on theany fiscal limitations. In providing such technical assistance and to facilitate representation on the planning unit, state agencies may organize and agree upon their representation on the planning unit.planning unit, state agencies may organize and agree upon their representation on the planning unit. Such technical assistance must only be at the request of and to the extent desired by the planning unitSuch technical assistance must only be at the request of and to the extent desired by the planning unit conducting such planning. The number of state agency representatives on the planning unit shall beconducting such planning. The number of state agency representatives on the planning unit shall be determined by the initiating governments in consultation with the governor's office.determined by the initiating governments in consultation with the governor's office. (8) As used in this section, "lead agency" means the entity that coordinates staff support of its(8) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants for developing a watershed plan.own or of other local governments and receives grants for developing a watershed plan. [ [ 2008 c 210 § 1;2008 c 210 § 1; 2007 c 245 § 1;2007 c 245 § 1; 2003 c 328 § 1;2003 c 328 § 1; 2001 c 229 § 1;2001 c 229 § 1; 1998 c 247 § 2.1998 c 247 § 2.]] 90.82.07090.82.070 Water quantity component.Water quantity component. Watershed planning under this chapter shall address water quantity in the management area byWatershed planning under this chapter shall address water quantity in the management area by undertaking an assessment of water supply and use in the management area and developing strategiesundertaking an assessment of water supply and use in the management area and developing strategies for future use.for future use. (1) The assessment shall include:(1) The assessment shall include: (a) An estimate of the surface and ground water present in the management area;(a) An estimate of the surface and ground water present in the management area; (b) An estimate of the surface and ground water available in the management area, taking into(b) An estimate of the surface and ground water available in the management area, taking into account seasonal and other variations;account seasonal and other variations; (c) An estimate of the water in the management area represented by claims in the water rights(c) An estimate of the water in the management area represented by claims in the water rights claims registry, water use permits, certificated rights, existing minimum instream flow rules, federallyclaims registry, water use permits, certificated rights, existing minimum instream flow rules, federally reserved rights, and any other rights to water;reserved rights, and any other rights to water; (d) An estimate of the surface and ground water actually being used in the management area;(d) An estimate of the surface and ground water actually being used in the management area; (e) An estimate of the water needed in the future for use in the management area;(e) An estimate of the water needed in the future for use in the management area; http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/6204.SL.pdf?cite=2008%20c%20210%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/5074-S.SL.pdf?cite=2007%20c%20245%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/Senate/5343.SL.pdf?cite=2003%20c%20328%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1865.SL.pdf?cite=2001%20c%20229%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%202. (f) An identification of the location of areas where aquifers are known to recharge surface bodies(f) An identification of the location of areas where aquifers are known to recharge surface bodies of water and areas known to provide for the recharge of aquifers from the surface; andof water and areas known to provide for the recharge of aquifers from the surface; and (g) An estimate of the surface and ground water available for further appropriation, taking into(g) An estimate of the surface and ground water available for further appropriation, taking into account the minimum instream flows adopted by rule or to be adopted by rule under this chapter foraccount the minimum instream flows adopted by rule or to be adopted by rule under this chapter for streams in the management area including the data necessary to evaluate necessary flows for fish.streams in the management area including the data necessary to evaluate necessary flows for fish. (2) Strategies for increasing water supplies in the management area, which may include, but are(2) Strategies for increasing water supplies in the management area, which may include, but are not limited to, increasing water supplies through water conservation, water reuse, the use of reclaimednot limited to, increasing water supplies through water conservation, water reuse, the use of reclaimed water, voluntary water transfers, aquifer recharge and recovery, additional water allocations, or additionalwater, voluntary water transfers, aquifer recharge and recovery, additional water allocations, or additional water storage and water storage enhancements. The objective of these strategies is to supply water inwater storage and water storage enhancements. The objective of these strategies is to supply water in sufficient quantities to satisfy the minimum instream flows for fish and to provide water for future out­of­sufficient quantities to satisfy the minimum instream flows for fish and to provide water for future out­of­ stream uses for water identified in subsection (1)(e) and (g) of this section and to ensure that adequatestream uses for water identified in subsection (1)(e) and (g) of this section and to ensure that adequate water supplies are available for agriculture, energy production, and population and economic growthwater supplies are available for agriculture, energy production, and population and economic growth under the requirements of the state's growth management act, chapter under the requirements of the state's growth management act, chapter 36.70A36.70A RCW. These strategies, RCW. These strategies, in and of themselves, shall not be construed to confer new water rights. The watershed plan mustin and of themselves, shall not be construed to confer new water rights. The watershed plan must address the strategies required under this subsection.address the strategies required under this subsection. (3) The assessment may include the identification of potential site locations for water storage(3) The assessment may include the identification of potential site locations for water storage projects. The potential site locations may be for either large or small projects and cover the full range ofprojects. The potential site locations may be for either large or small projects and cover the full range of possible alternatives. The possible alternatives include off­channel storage, underground storage, thepossible alternatives. The possible alternatives include off­channel storage, underground storage, the enlargement or enhancement of existing storage, and on­channel storage.enlargement or enhancement of existing storage, and on­channel storage. [ [ 2001 2nd sp.s. c 19 § 2;2001 2nd sp.s. c 19 § 2; 1998 c 247 § 3.1998 c 247 § 3.]] NOTES:NOTES: IntentIntent——2001 2nd sp.s. c 19:2001 2nd sp.s. c 19: "The legislature recognizes the potential for additional water "The legislature recognizes the potential for additional water storage as a solution to the water supply needs of the state. Last year the legislature created a task forcestorage as a solution to the water supply needs of the state. Last year the legislature created a task force to examine the role of increased water storage in providing water supplies to meet the needs of fish,to examine the role of increased water storage in providing water supplies to meet the needs of fish, population growth, and economic development, and to enhance the protection of people's lives and theirpopulation growth, and economic development, and to enhance the protection of people's lives and their property and the protection of aquatic habitat through flood control facilities. One solution discussed byproperty and the protection of aquatic habitat through flood control facilities. One solution discussed by the task force to address the state's water supply problem is to store water when there is excess runoffthe task force to address the state's water supply problem is to store water when there is excess runoff and streamflow, and deliver or release it during the low flow period when it is needed. The task forceand streamflow, and deliver or release it during the low flow period when it is needed. The task force discussed the need for assessments of potential site locations for water storage projects. The legislaturediscussed the need for assessments of potential site locations for water storage projects. The legislature intends this act to assist in obtaining the assessments relating to water storage." [ intends this act to assist in obtaining the assessments relating to water storage." [ 2001 2nd sp.s. c 19 §2001 2nd sp.s. c 19 § 1.1.]] 90.82.08090.82.080 Instream flow component—Rules—Report.Instream flow component—Rules—Report. (1)(a) If the initiating governments choose, by majority vote, to include an instream flow(1)(a) If the initiating governments choose, by majority vote, to include an instream flow component, it shall be accomplished in the following manner:component, it shall be accomplished in the following manner: (i) If minimum instream flows have already been adopted by rule for a stream within the(i) If minimum instream flows have already been adopted by rule for a stream within the management area, unless the members of the local governments and tribes on the planning unit by amanagement area, unless the members of the local governments and tribes on the planning unit by a recorded unanimous vote request the department to modify those flows, the minimum instream flowsrecorded unanimous vote request the department to modify those flows, the minimum instream flows shall not be modified under this chapter. If the members of local governments and tribes request theshall not be modified under this chapter. If the members of local governments and tribes request the planning unit to modify instream flows and unanimous approval of the decision to modify such flow is notplanning unit to modify instream flows and unanimous approval of the decision to modify such flow is not achieved, then the instream flows shall not be modified under this section;achieved, then the instream flows shall not be modified under this section; (ii) If minimum streamflows have not been adopted by rule for a stream within the management(ii) If minimum streamflows have not been adopted by rule for a stream within the management area, setting the minimum instream flows shall be a collaborative effort between the department andarea, setting the minimum instream flows shall be a collaborative effort between the department and http://app.leg.wa.gov/RCW/default.aspx?cite=36.70A http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5919-S.SL.pdf?cite=2001%202nd%20sp.s.%20c%2019%20%C2%A7%202; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%203. http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5919-S.SL.pdf?cite=2001%202nd%20sp.s.%20c%2019%20%C2%A7%201. members of the planning unit. The department must attempt to achieve consensus and approval amongmembers of the planning unit. The department must attempt to achieve consensus and approval among the members of the planning unit regarding the minimum flows to be adopted by the department.the members of the planning unit regarding the minimum flows to be adopted by the department. Approval is achieved if all government members and tribes that have been invited and accepted on theApproval is achieved if all government members and tribes that have been invited and accepted on the planning unit present for a recorded vote unanimously vote to support the proposed minimum instreamplanning unit present for a recorded vote unanimously vote to support the proposed minimum instream flows, and all nongovernmental members of the planning unit present for the recorded vote, by a majority,flows, and all nongovernmental members of the planning unit present for the recorded vote, by a majority, vote to support the proposed minimum instream flows.vote to support the proposed minimum instream flows. (b) The department shall undertake rule making to adopt flows under (a) of this subsection. The(b) The department shall undertake rule making to adopt flows under (a) of this subsection. The department may adopt the rules either by the regular rules adoption process provided in chapter department may adopt the rules either by the regular rules adoption process provided in chapter 34.0534.05 RCW, the expedited rules adoption process as set forth in RCW RCW, the expedited rules adoption process as set forth in RCW 34.05.35334.05.353, or through a rules adoption, or through a rules adoption process that uses public hearings and notice provided by the county legislative authority to the greatestprocess that uses public hearings and notice provided by the county legislative authority to the greatest extent possible. Such rules do not constitute significant legislative rules as defined in RCW extent possible. Such rules do not constitute significant legislative rules as defined in RCW 34.05.32834.05.328,, and do not require the preparation of small business economic impact statements.and do not require the preparation of small business economic impact statements. (c) If approval is not achieved within four years of the date the planning unit first receives funds(c) If approval is not achieved within four years of the date the planning unit first receives funds from the department for conducting watershed assessments under RCW from the department for conducting watershed assessments under RCW 90.82.04090.82.040, the department may, the department may promptly initiate rule making under chapter promptly initiate rule making under chapter 34.0534.05 RCW to establish flows for those streams and shall RCW to establish flows for those streams and shall have two additional years to establish the instream flows for those streams for which approval is nothave two additional years to establish the instream flows for those streams for which approval is not achieved.achieved. (2)(a) Notwithstanding RCW (2)(a) Notwithstanding RCW 90.03.34590.03.345, minimum instream flows set under this section for rivers, minimum instream flows set under this section for rivers or streams that do not have existing minimum instream flow levels set by rule of the department shallor streams that do not have existing minimum instream flow levels set by rule of the department shall have a priority date of two years after funding is first received from the department under RCWhave a priority date of two years after funding is first received from the department under RCW 90.82.04090.82.040, unless determined otherwise by a unanimous vote of the members of the planning unit but in, unless determined otherwise by a unanimous vote of the members of the planning unit but in no instance may it be later than the effective date of the rule adopting such flow.no instance may it be later than the effective date of the rule adopting such flow. (b) Any increase to an existing minimum instream flow set by rule of the department shall have a(b) Any increase to an existing minimum instream flow set by rule of the department shall have a priority date of two years after funding is first received for planning in the WRIA or multi­WRIA area frompriority date of two years after funding is first received for planning in the WRIA or multi­WRIA area from the department under RCW the department under RCW 90.82.04090.82.040 and the priority date of the portion of the minimum instream flow and the priority date of the portion of the minimum instream flow previously established by rule shall retain its priority date as established under RCW previously established by rule shall retain its priority date as established under RCW 90.03.34590.03.345.. (c) Any existing minimum instream flow set by rule of the department that is reduced shall retain(c) Any existing minimum instream flow set by rule of the department that is reduced shall retain its original date of priority as established by RCW its original date of priority as established by RCW 90.03.34590.03.345 for the revised amount of the minimum for the revised amount of the minimum instream flow level.instream flow level. (3) Before setting minimum instream flows under this section, the department shall engage in(3) Before setting minimum instream flows under this section, the department shall engage in government­to­government consultation with affected tribes in the management area regarding thegovernment­to­government consultation with affected tribes in the management area regarding the setting of such flows.setting of such flows. (4) Nothing in this chapter either: (a) Affects the department's authority to establish flow(4) Nothing in this chapter either: (a) Affects the department's authority to establish flow requirements or other conditions under RCW requirements or other conditions under RCW 90.48.26090.48.260 or the federal clean water act (33 U.S.C. Sec. or the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for the licensing or relicensing of a hydroelectric power project under the federal power act1251 et seq.) for the licensing or relicensing of a hydroelectric power project under the federal power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing instream flow requirements and other(16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing instream flow requirements and other conditions in a current license for a hydroelectric power project licensed under the federal power act.conditions in a current license for a hydroelectric power project licensed under the federal power act. (5) If the planning unit is unable to obtain unanimity under subsection (1) of this section, the(5) If the planning unit is unable to obtain unanimity under subsection (1) of this section, the department may adopt rules setting such flows.department may adopt rules setting such flows. (6) The department shall report annually to the appropriate legislative standing committees on the(6) The department shall report annually to the appropriate legislative standing committees on the progress of instream flows being set under this chapter, as well as progress toward setting instream flowsprogress of instream flows being set under this chapter, as well as progress toward setting instream flows in those watersheds not being planned under this chapter. The report shall be made by December 1,in those watersheds not being planned under this chapter. The report shall be made by December 1, 2003, and by December 1st of each subsequent year.2003, and by December 1st of each subsequent year. [ [ 2003 1st sp.s. c 4 § 4;2003 1st sp.s. c 4 § 4; 1998 c 247 § 4.1998 c 247 § 4.]] NOTES:NOTES: FindingsFindings——2003 1st sp.s. c 4:2003 1st sp.s. c 4: See note following RCW See note following RCW 90.82.04090.82.040.. http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 http://app.leg.wa.gov/RCW/default.aspx?cite=34.05.353 http://app.leg.wa.gov/RCW/default.aspx?cite=34.05.328 http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.345 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.345 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.345 http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.260 http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1336-S2.SL.pdf?cite=2003%201st%20sp.s.%20c%204%20%C2%A7%204; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%204. 90.82.08590.82.085 Instream flows—Assessing and setting or amending.Instream flows—Assessing and setting or amending. By October 1, 2001, the department of ecology shall complete a final nonproject environmentalBy 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, orimpact statement that evaluates streamflows to meet the alternative goals of maintaining, preserving, or enhancing instream resources and the technically defensible methodologies for determining theseenhancing instream resources and the technically defensible methodologies for determining these streamflows. Planning units and state agencies assessing and setting or amending instream flows must,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 impactas 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 thatstatement. 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 instreamvaries from the final nonproject environmental impact statement if consistent with applicable instream flow laws.flow laws. [ [ 2001 c 237 § 3.2001 c 237 § 3.]] NOTES:NOTES: FindingFinding——IntentIntent——SeverabilitySeverability——Effective dateEffective date——2001 c 237:2001 c 237: See notes following RCW See notes following RCW 90.82.04090.82.040.. IntentIntent——2001 c 237:2001 c 237: See note following RCW See note following RCW 90.66.06590.66.065.. 90.82.09090.82.090 Water quality component.Water quality component. If the initiating governments choose to include a water quality component, the watershed planIf the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:shall include the following elements: (1) An examination based on existing studies conducted by federal, state, and local agencies of(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;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(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 informationthe causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution­carrying capacities of waterregarding pollutants, point and nonpoint sources of pollution, and pollution­carrying capacities of water bodies in the management area. The analysis shall take into account seasonal streamflow or levelbodies 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 humanvariations, natural events, and pollution from natural sources that occurs independent of human activities;activities; (3) An examination of the legally established characteristic uses of each of the nonmarine bodies(3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area;of water in the management area; (4) An examination of any total maximum daily load established for nonmarine bodies of water in(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 areathe 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 as of the date the watershed planning process is initiated under RCW 90.82.06090.82.060;; (5) An examination of existing data related to the impact of freshwater on marine water quality;(5) An examination of existing data related to the impact of freshwater on marine water quality; (6) A recommended approach for implementing the total maximum daily load established for(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 managementachieving 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 thearea, 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 watershed planning process is initiated under RCW 90.82.06090.82.060; and; and http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%203. http://app.leg.wa.gov/RCW/default.aspx?cite=90.66.065 (7) Recommended means of monitoring by appropriate government agencies whether actions(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 achievetaken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards.compliance with water quality standards. This chapter does not obligate the state to undertake analysis or to develop strategies requiredThis 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 anyunder 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 dailyplanning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act.loads under the federal clean water act. [ [ 1998 c 247 § 5.1998 c 247 § 5.]] 90.82.10090.82.100 Habitat component.Habitat component. If the initiating governments choose to include a habitat component, the watershed plan shall beIf 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 planningcoordinated 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, ormust rely on existing laws, rules, or ordinances created for the purpose of protecting, restoring, or enhancing fish habitat, including the shoreline management act, chapter enhancing fish habitat, including the shoreline management act, chapter 90.5890.58 RCW, the growth RCW, the growth management act, chapter management act, chapter 36.70A36.70A RCW, and the forest practices act, chapter RCW, and the forest practices act, chapter 76.0976.09 RCW. Planning RCW. Planning established under this section shall be integrated with strategies developed under other processes toestablished 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 orrespond 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 habitatendangered 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 reliedrestoration 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.on as the primary nonregulatory habitat component for fish habitat under this chapter. [ [ 1998 c 247 § 6.1998 c 247 § 6.]] 90.82.11090.82.110 Identification of projects and activities.Identification of projects and activities. The planning unit shall review historical data such as fish runs, weather patterns, land useThe 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 thepatterns, seasonal flows, and geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural resourceplanning, 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 havemanagement 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 theirbeen 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.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 bothThe planning group is encouraged to identify projects and activities that are likely to serve both short­term and long­term management goals and that warrant immediate financial assistance from theshort­term and long­term management goals and that warrant immediate financial assistance from the state, federal, or local government. If there are multiple projects, the planning group shall givestate, 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 shouldconsideration to ranking projects that have the greatest benefit and schedule those projects that should be implemented first.be implemented first. [ [ 1998 c 247 § 7.1998 c 247 § 7.]] 90.82.12090.82.120 Plan parameters.Plan parameters. http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%205. http://app.leg.wa.gov/RCW/default.aspx?cite=90.58 http://app.leg.wa.gov/RCW/default.aspx?cite=36.70A http://app.leg.wa.gov/RCW/default.aspx?cite=76.09 http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%206. http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%207. (1) Watershed planning developed and approved under this chapter shall not contain provisions(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 orthat: (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 claimsdiminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry established under chapter registry established under chapter 90.1490.14 RCW or a water right certificate or permit; (c) require a 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 ofmodification 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 underwhich 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 beforethe 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 orJune 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 require the modification of any waste discharge permit issued under chapter 90.4890.48 RCW; (f) modify or RCW; (f) modify or require the modification of activities or actions taken or intended to be taken under a habitat restorationrequire 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 ofwork 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 anactivities 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, aapproved 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 amanagement 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 wildlifefederal 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 anprotection that addresses the affected habitat; or (ii) part of a water quality program adopted by an irrigation district under chapter irrigation district under chapter 87.0387.03 RCW or a board of joint control under chapter RCW or a board of joint control under chapter 87.8087.80 RCW. This RCW. This subsection (1)(g) applies as long as the activities or actions continue to be taken in accordance with thesubsection (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 plan, agreement, permit, or statement. Any assessment conducted under RCW 90.82.07090.82.070, , 90.82.09090.82.090, or, or 90.82.10090.82.100 shall take into consideration such activities and actions and those taken under the forest 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 practices rules, including watershed analysis adopted under the forest practices act, chapter 76.0976.09 RCW. RCW. (2) Watershed planning developed and approved under this chapter shall not change existing(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 suchlocal ordinances or existing state rules or permits, but may contain recommendations for changing such ordinances or rules.ordinances or rules. (3) Notwithstanding any other provision of this chapter, watershed planning shall take into account(3) Notwithstanding any other provision of this chapter, watershed planning shall take into account forest practices rules under the forest practices act, chapter forest practices rules under the forest practices act, chapter 76.0976.09 RCW, and shall not create any RCW, and shall not create any obligations or restrictions on forest practices additional to or inconsistent with the forest practices act andobligations 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.its implementing rules, whether watershed planning is approved by the counties or the department. [ [ 1998 c 247 § 8.1998 c 247 § 8.]] 90.82.13090.82.130 Plan approval—Public notice and hearing—Revisions.Plan approval—Public notice and hearing—Revisions. (1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal(1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of theby consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nongovernmentalplanning unit appointed to represent units of government and a majority vote of the nongovernmental members of the planning unit.members of the planning unit. (b) If the proposal is approved by the planning unit, the unit shall submit the proposal to the(b) If the proposal is approved by the planning unit, the unit shall submit the proposal to the counties with territory within the management area. If the planning unit has received funding beyond thecounties with territory within the management area. If the planning unit has received funding beyond the initial organizing grant under RCW initial organizing grant under RCW 90.82.04090.82.040, such a proposal approved by the planning unit shall be, such a proposal approved by the planning unit shall be submitted to the counties within four years of the date that funds beyond the initial funding are first drawnsubmitted to the counties within four years of the date that funds beyond the initial funding are first drawn upon by the planning unit.upon by the planning unit. (c) If the watershed plan is not approved by the planning unit, the planning unit may submit the(c) If the watershed plan is not approved by the planning unit, the planning unit may submit the components of the plan for which agreement is achieved using the procedure under (a) of thiscomponents of the plan for which agreement is achieved using the procedure under (a) of this subsection, or the planning unit may terminate the planning process.subsection, or the planning unit may terminate the planning process. (2)(a) With the exception of a county legislative authority that chooses to opt out of watershed(2)(a) With the exception of a county legislative authority that chooses to opt out of watershed planning as provided in (c) of this subsection, the legislative authority of each of the counties withplanning as provided in (c) of this subsection, the legislative authority of each of the counties with territory in the management area shall provide public notice of and conduct at least one public hearing onterritory in the management area shall provide public notice of and conduct at least one public hearing on http://app.leg.wa.gov/RCW/default.aspx?cite=90.14 http://app.leg.wa.gov/RCW/default.aspx?cite=90.48 http://app.leg.wa.gov/RCW/default.aspx?cite=87.03 http://app.leg.wa.gov/RCW/default.aspx?cite=87.80 http://app.leg.wa.gov/RCW/default.aspx?cite=76.09 http://app.leg.wa.gov/RCW/default.aspx?cite=76.09 http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%208. the proposed watershed plan submitted under this section. After the public hearings, the legislativethe proposed watershed plan submitted under this section. After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the proposal. The counties mayauthorities of these counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed watershed plan for the management area, but may not amend it.approve or reject the proposed watershed plan for the management area, but may not amend it. Approval of such a proposal shall be made by a majority vote of the members of each of the countiesApproval of such a proposal shall be made by a majority vote of the members of each of the counties with territory in the management area.with territory in the management area. (b) If a proposed watershed plan is not approved, it shall be returned to the planning unit with(b) If a proposed watershed plan is not approved, it shall be returned to the planning unit with recommendations for revisions. Approval of such a revised proposal by the planning unit and therecommendations for revisions. Approval of such a revised proposal by the planning unit and the counties shall be made in the same manner provided for the original watershed plan. If approval of thecounties shall be made in the same manner provided for the original watershed plan. If approval of the revised plan is not achieved, the process shall terminate.revised plan is not achieved, the process shall terminate. (c) A county legislative authority may choose to opt out of watershed planning under this chapter(c) A county legislative authority may choose to opt out of watershed planning under this chapter and the public hearing processes under (a) and (b) of this subsection if the county's affected territoryand the public hearing processes under (a) and (b) of this subsection if the county's affected territory within a particular management area is: (i) Less than five percent of the total territory within thewithin a particular management area is: (i) Less than five percent of the total territory within the management area; or (ii) five percent or more of the total territory within the management area and allmanagement area; or (ii) five percent or more of the total territory within the management area and all other initiating governments within the management area consent. A county meeting these conditionsother initiating governments within the management area consent. A county meeting these conditions and choosing to opt out shall notify the department and the other initiating governments of that choiceand choosing to opt out shall notify the department and the other initiating governments of that choice prior to commencement of plan adoption under the provisions of (a) of this subsection. A countyprior to commencement of plan adoption under the provisions of (a) of this subsection. A county choosing to opt out under the provisions of this section shall not be bound by obligations contained in thechoosing to opt out under the provisions of this section shall not be bound by obligations contained in the watershed plan adopted for that management area under this chapter. Even if a county chooses to optwatershed plan adopted for that management area under this chapter. Even if a county chooses to opt out under the provisions of this section, the other counties within a management area may adopt aout under the provisions of this section, the other counties within a management area may adopt a proposed watershed plan as provided in this chapter.proposed watershed plan as provided in this chapter. (3) The planning unit shall not add an element to its watershed plan that creates an obligation(3) The planning unit shall not add an element to its watershed plan that creates an obligation unless each of the governments to be obligated has at least one representative on the planning unit andunless each of the governments to be obligated has at least one representative on the planning unit and the respective members appointed to represent those governments agree to adding the element thatthe respective members appointed to represent those governments agree to adding the element that creates the obligation. A member's agreeing to add an element shall be evidenced by a recorded vote ofcreates the obligation. A member's agreeing to add an element shall be evidenced by a recorded vote of all members of the planning unit in which the members record support for adding the element. If theall members of the planning unit in which the members record support for adding the element. If the watershed plan is approved under subsections (1) and (2) of this section and the plan createswatershed plan is approved under subsections (1) and (2) of this section and the plan creates obligations: (a) For agencies of state government, the agencies shall adopt by rule the obligations of bothobligations: (a) For agencies of state government, the agencies shall adopt by rule the obligations of both state and county governments and rules implementing the state obligations, or, with the consent of thestate and county governments and rules implementing the state obligations, or, with the consent of the planning unit, may adopt policies, procedures, or agreements related to the obligations or implementationplanning unit, may adopt policies, procedures, or agreements related to the obligations or implementation of the obligations in addition to or in lieu of rules. The obligations on state agencies are binding uponof the obligations in addition to or in lieu of rules. The obligations on state agencies are binding upon adoption of the obligations, and the agencies shall take other actions to fulfill their obligations as soon asadoption of the obligations, and the agencies shall take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; (b) forpossible, and should annually review implementation needs with respect to budget and staffing; (b) for counties, the obligations are binding on the counties and the counties shall adopt any necessarycounties, the obligations are binding on the counties and the counties shall adopt any necessary implementing ordinances and take other actions to fulfill their obligations as soon as possible, and shouldimplementing ordinances and take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; or (c) for an organizationannually review implementation needs with respect to budget and staffing; or (c) for an organization voluntarily accepting an obligation, the organization must adopt policies, procedures, agreements, rules,voluntarily accepting an obligation, the organization must adopt policies, procedures, agreements, rules, or ordinances to implement the plan, and should annually review implementation needs with respect toor ordinances to implement the plan, and should annually review implementation needs with respect to budget and staffing.budget and staffing. (4) After a plan is adopted in accordance with subsection (3) of this section, and if the department(4) After a plan is adopted in accordance with subsection (3) of this section, and if the department participated in the planning process, the plan shall be deemed to satisfy the watershed planning authorityparticipated in the planning process, the plan shall be deemed to satisfy the watershed planning authority of the department with respect to the components included under the provisions of RCW of the department with respect to the components included under the provisions of RCW 90.82.07090.82.070 through through 90.82.10090.82.100 for the watershed or watersheds included in the plan. The department shall use the for the watershed or watersheds included in the plan. The department shall use the plan as the framework for making future water resource decisions for the planned watershed orplan as the framework for making future water resource decisions for the planned watershed or watersheds. Additionally, the department shall rely upon the plan as a primary consideration inwatersheds. Additionally, the department shall rely upon the plan as a primary consideration in determining the public interest related to such decisions.determining the public interest related to such decisions. (5) Once a WRIA plan has been approved under subsection (2) of this section for a watershed,(5) Once a WRIA plan has been approved under subsection (2) of this section for a watershed, the department may develop and adopt modifications to the plan or obligations imposed by the plan onlythe department may develop and adopt modifications to the plan or obligations imposed by the plan only through a form of negotiated rule making that uses the same processes that applied in that watershed forthrough a form of negotiated rule making that uses the same processes that applied in that watershed for developing the plan.developing the plan. (6) As used in this section, "obligation" means any action required as a result of this chapter that(6) As used in this section, "obligation" means any action required as a result of this chapter that imposes upon a tribal government, county government, or state government, either: A fiscal impact; aimposes upon a tribal government, county government, or state government, either: A fiscal impact; a redeployment of resources; or a change of existing policy.redeployment of resources; or a change of existing policy. [ [ 2003 1st sp.s. c 4 § 5;2003 1st sp.s. c 4 § 5; 2001 c 237 § 4;2001 c 237 § 4; 1998 c 247 § 9.1998 c 247 § 9.]] NOTES:NOTES: FindingsFindings——2003 1st sp.s. c 4:2003 1st sp.s. c 4: See note following RCW See note following RCW 90.82.04090.82.040.. FindingFinding——IntentIntent——SeverabilitySeverability——Effective dateEffective date——2001 c 237:2001 c 237: See notes following RCW See notes following RCW 90.82.04090.82.040.. IntentIntent——2001 c 237:2001 c 237: See note following RCW See note following RCW 90.66.06590.66.065.. 90.82.14090.82.140 Use of monitoring recommendations in RCW Use of monitoring recommendations in RCW 77.85.210.77.85.210. In conducting assessments and other studies that include monitoring components orIn conducting assessments and other studies that include monitoring components or recommendations, the department and planning units shall implement the monitoring recommendationsrecommendations, the department and planning units shall implement the monitoring recommendations developed under *RCW developed under *RCW 77.85.21077.85.210.. [ [ 2001 c 298 § 2.2001 c 298 § 2.]] NOTES:NOTES: *Reviser's note:*Reviser's note: RCW RCW 77.85.21077.85.210 was repealed by was repealed by 2005 c 309 § 10.2005 c 309 § 10. FindingFinding——IntentIntent——2001 c 298:2001 c 298: "The legislature finds that a comprehensive program of "The legislature finds that a comprehensive program of monitoring is fundamental to making sound public policy and programmatic decisions regarding salmonmonitoring is fundamental to making sound public policy and programmatic decisions regarding salmon recovery and watershed health. Monitoring provides accountability for results of management actionsrecovery 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 ofand 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 tostrategies 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 inthe 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 needmonitoring 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 mostfor 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 anduseful 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 organizationssalmon recovery, and for making the information more accessible to those agencies and organizations implementing watershed health programs and projects. Regarding salmon recovery monitoring, the stateimplementing watershed health programs and projects. Regarding salmon recovery monitoring, the state independent science panel has concluded that many programs already monitor indicators relevant toindependent science panel has concluded that many programs already monitor indicators relevant to salmonids, but the efforts are largely uncoordinated or unlinked among programs, have differentsalmonids, 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 toobjectives, 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.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 agencyTherefore, 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,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 coordinationwith 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, andof 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 agenciesfederal watershed health objectives; and facilitate the exchange of monitoring information with agencies http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/House/1336-S2.SL.pdf?cite=2003%201st%20sp.s.%20c%204%20%C2%A7%205; http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%204; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/2514-S.SL.pdf?cite=1998%20c%20247%20%C2%A7%209. http://app.leg.wa.gov/RCW/default.aspx?cite=90.66.065 http://app.leg.wa.gov/RCW/default.aspx?cite=77.85.210 http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5637-S.SL.pdf?cite=2001%20c%20298%20%C2%A7%202. http://app.leg.wa.gov/RCW/default.aspx?cite=77.85.210 http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/5610-S.SL.pdf?cite=2005%20c%20309%20%C2%A7%2010. and organizations carrying out watershed health, salmon recovery, and water resources managementand organizations carrying out watershed health, salmon recovery, and water resources management planning and programs." [ planning and programs." [ 2001 c 298 § 1.2001 c 298 § 1.]] http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5637-S.SL.pdf?cite=2001%20c%20298%20%C2%A7%201.