(1) The legislative authority of a city
or county and the governing body of any special purpose district
enumerated in subsection (2) of this section may authorize up to
ten percent of its water-related revenues to be expended in the
implementation of watershed management plan projects or
activities that are in addition to the county's, city's, or
district's existing water-related services or activities. Such
limitation on expenditures shall not apply to additional revenues
for watershed plan implementation that are authorized by voter
approval under *section 5 of this act or to water-related
revenues of a public utility district organized according to
Title 54 RCW. Water-related revenues include rates, charges, and
fees for the provision of services relating to water supply,
treatment, distribution, and management generally, and those
general revenues of the local government that are expended for
water management purposes. A local government may not expend for
this purpose any revenues that were authorized by voter approval
for other specified purposes or that are specifically dedicated
to the repayment of municipal bonds or other debt instruments.
(2) The following special purpose districts may exercise the
authority provided by this section:
(a) Water districts, sewer districts, and water-sewer
districts organized under Title 57 RCW;
(b) Public utility districts organized under Title 54 RCW;
(c) Irrigation, reclamation, conservation, and similar
districts organized under Titles 87 and 89 RCW;
(d) Port districts organized under Title 53 RCW;
(e) Diking, drainage, and similar districts organized under
Title 85 RCW;
(f) Flood control and similar districts organized under
Title 86 RCW;
(g) Lake management districts organized under chapter 36.61 RCW;
(h) Aquifer protection areas organized under chapter 36.36 RCW; and
(i) Shellfish protection districts organized under chapter 90.72 RCW.
(3) The authority for expenditure of local government
revenues provided by this section shall be applicable broadly to
the implementation of watershed management plans addressing water
supply, water transmission, water quality treatment or
protection, or any other water-related purposes. Such plans
include but are not limited to plans developed under the
following authorities:
(a) Watershed plans developed under chapter 90.82 RCW;
(b) Salmon recovery plans developed under chapter 77.85 RCW;
(c) Watershed management elements of comprehensive land use
plans developed under the growth management act, chapter 36.70A RCW;
(d) Watershed management elements of shoreline master
programs developed under the shoreline management act, chapter 90.58 RCW;
(e) Nonpoint pollution action plans developed under the
Puget Sound water quality management planning authorities of
chapter 90.71 RCW and chapter 400-12 WAC;
(f) Other comprehensive management plans addressing
watershed health at a WRIA level or sub-WRIA basin drainage
level;
(g) Coordinated water system plans under chapter 70.116 RCW
and similar regional plans for water supply; and
(h) Any combination of the foregoing plans in an integrated
watershed management plan.
(4) The authority provided by this section to expend
revenues for watershed management plan implementation shall be
construed broadly to include, but not be limited to:
(a) The coordination and oversight of plan implementation,
including funding a watershed management partnership for this
purpose;
(b) Technical support, monitoring, and data collection and
analysis;
(c) The design, development, construction, and operation of
projects included in the plan; and
(d) Conducting activities and programs included as elements
in the plan.
[2003 c 327 § 2.]
NOTES:
*Reviser's note: Section 5 of this act was vetoed by the governor.
Finding -- Intent -- 2003 c 327: "The legislature finds that
throughout Washington state there are many active efforts to
protect, manage, and restore watersheds. The state's river
systems provide a variety of benefits for society's many needs,
so efforts to protect these watersheds should reflect the
diversity of social, environmental, and economic factors that
make the state unique.
Yet, there is a conflict between the natural flow of river
systems and the way watersheds are governed. From a hydrological
standpoint, a watershed is a single, integrated system. But
these systems usually flow through a number of cities, counties,
and other municipalities as they move from their source to the
sea. As a result, many are subject to the full range of
management interests, including multiple government entities with
jurisdiction over water. In many cases, the political boundaries
of government do not align with the hydrological boundaries of
watersheds and may actually hinder the implementation of
coordinated, cooperative plans. Cooperative watershed management
actions by local governments, special districts, and utilities
can help maintain healthy watershed function and support the
beneficial use of water by these entities and protect the quality
of the resource that they use or affect. By participating in
cooperative watershed management actions, local governments,
special districts, and utilities are acting in the public
interest and in a manner that is intended to sustain maximum
beneficial use and high quality of water over time and to
maintain the services that these entities provide.
Therefore, it is the intent of this act to remove statutory
barriers that may prevent local governments from working together
in the creation and implementation of cooperative, coordinated
watershed plans. In addition, it is the further intent of this
act to provide additional authorities to assist in such
implementation." [2003 c 327 § 1.]