OLYMPIA…In the last hours of the 2005 session, the Legislature approved a measure proposed by Sen. Bob Morton, R-Orient, that encourages water storage and flood control, provides wetlands and habitat, and protects Washington’s rivers from silt and soil erosion.

Morton’s proposal ensures that owners of dams constructed less than 10 years ago will not be charged an inspection fee when plans and specifications were approved for safety by the Department of Ecology (DOE).  For dams older than 10 years, the inspection fee is reduced from $800 to $250.

“Inspections for new private dams go overboard and cost too much to private citizens offering an invaluable public service,” said Morton, ranking Republican on the Senate Water, Energy and Environment Committee. “Washington is experiencing a drought and we should be doing all we can to encourage water storage. The state should recognize that private storage reservoirs are worth far more than dam inspection fees.” 

Morton’s legislation was the result of a complaint by a local private dam owner who built a dam abiding by construction specifications approved for safety by DOE.  Once the dam was constructed, after a costly 12-year state and federal permitting process, DOE indicated it would inspect the facility every five years at a fee of $800 per year.

“This is a new dam, built state of the art to DOE-approved specs and the owner is being nickel and dimed out of providing an invaluable public service,” Morton said.  “The state has a duty to ensure a safe structure, but current practices for new DOE-approved dams go overboard, cost too much and discourage the creation of water storage opportunities.”

Morton’s bill, Senate Bill 5528, stalled in the House Natural Resources, Ecology and Parks Committee after receiving overwhelming support in the Senate. But when Engrossed Substitute House Bill 2309, a water rights bill, was debated on the Senate floor, it presented an opportunity for Morton to wake his water storage proposal from its coma. Morton amended Senate Bill 5528 onto Engrossed Substitute House Bill 2309.

“No bill is ever really dead around here,” Morton added. “They are in comas, waiting for someone to wake them back up. There are a variety of ways to resurrect a bill. I did it by tacking the text of my bill onto another.”

Scope and object restrictions do apply in the Senate, however. The subject of the amendment must not expand upon the title and subject of the underlying bill, and no bill is allowed to include more than one subject. Morton’s amendment was not challenged.

Engrossed Substitute House Bill 2309, including Morton’s proposal, now goes to the governor for her consideration.

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For more information contact Tami Davis (360) 786-7519 or davis.tami@leg.wa.gov