(1) The board has the following authority, duties, and responsibilities:

     (a) Assume the duties, responsibilities, and all current activities of the watershed planning unit and the initiating governments authorized in RCW 90.82.040;

     (b) Develop strategic actions for the planning area by building on the watershed plan;

     (c) Adopt and revise criteria, guidance, and processes to effectuate the purpose of this chapter;

     (d) Administer the local water plan process;

     (e) Oversee local water plan implementation;

     (f) Manage banked water as authorized under this chapter;

     (g) Acquire water rights by donation, purchase, or lease;

     (h) Participate in local, state, tribal, federal, and multistate basin water planning initiatives and programs; and

     (i) Enter into agreements with water rights holders to not divert water that becomes available as a result of local water plans, water banking activities, or other programs and projects endorsed by the board and the department.

     (2) The board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property, including water rights, or any interest in water rights, enter into and perform all necessary contracts, appoint and employ necessary agents and employees, including an executive director and fix their compensation, employ contractors including contracts for professional services, and do all lawful acts required and expedient to carry out the purposes of this chapter.

     (3) The board constitutes an independently funded entity, and may provide for its own funding as determined by the board. The board may solicit and accept grants, loans, and donations and may adopt fees for services it provides. The board may not impose taxes or acquire property, including water rights, by the exercise of eminent domain. The board may distribute available funds as grants or loans to local water plans or other water initiatives and projects that will further the goals of the board.

     (4) The ability of the board to fully meet its duties under this chapter is dependent on the level of funding available to the board. If sufficient funding is not available to the board to carry out its duties, the board may, in consultation with the department, establish a plan that determines and sets priorities for implementation of the board's duties.

     (5) The board, and its members and staff, acting in their official capacities, are immune from liability and are not subject to any cause of action or claim for damages arising from acts or omissions engaged in under this chapter.

     (6) Upon the creation of the board, and for the duration of the board, the existing planning unit for the planning area, established under RCW 90.82.040, is dissolved and all assets, funds, files, planning documents, pending plans and grant applications, and other current activities of the planning unit are transferred to the board.

[2009 c 183 § 5.]

NOTES:

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