(1) Initiating entities may collectively petition the department in order to establish a water management board.

     (2) The department, in consultation with the initiating entities, may create a board if:

     (a) The initiating entities demonstrate to the department that the following criteria are satisfied:

     (i) Community support for the development of a local watershed management plan, including the affected federally recognized tribes, local governments, and general community support;

     (ii) There is commitment on the part of the initiating entities and the affected community to enhance stream flows for fish; and

     (iii) An adequate monitoring network is in place, as determined by the department;

     (b) The department determines the following:

     (i) An instream flow rule for the WRIA or WRIAs in the planning area has been adopted since 1998;

     (ii) The planning area is located within one of the sixteen fish-critical basins designated by the department in its March 2003 "Washington Water Acquisition Program" report and demonstrates a significant history of severely impaired flows; and

     (iii) The watershed planning unit has completed a watershed implementation plan adopted under chapter 90.82 RCW and salmon recovery implementation plan adopted under chapter 77.85 RCW.

     (3) The department, in determining whether to create a board, must give strong consideration to basins that have completed a judicial proceeding to adjudicate water rights under chapter 90.03 RCW.

[2009 c 183 § 3.]

NOTES:

     Expiration date -- 2009 c 183: See note following RCW 90.92.010.