HOUSE BILL NO. 458

INTRODUCED BY K. OHS

A BILL FOR AN ACT ENTITLED: "AN ACT ADDING ASSISTANCE WITH INTERAGENCY COORDINATION TO THE WATER POLICY DUTIES OF THE ENVIRONMENTAL QUALITY COUNCIL; TEMPORARILY REQUIRING THE COUNCIL TO COORDINATE THE COMPILATION, EVALUATION, AND DISSEMINATION OF INFORMATION RELATED TO BEST MANAGEMENT PRACTICES FOR STREAMSIDE CORRIDORS AND RIPARIAN MANAGEMENT AND TO DEVELOP RELATED POLICY RECOMMENDATIONS TO IMPROVE STREAMSIDE CORRIDOR AND RIPARIAN MANAGEMENT IN MONTANA; AMENDING SECTION 85-2-105, MCA; AND PROVIDING A TERMINATION DATE."

WHEREAS, Montana's river and stream corridors and associated riparian areas play a critical role in supporting beneficial uses of water, agricultural production, fish and wildlife values, recreation opportunities, and related economic and aesthetic benefits; and

WHEREAS, Montana's river and stream corridors are experiencing tremendous pressure from increased use and development; and

WHEREAS, owners of land along Montana's rivers and streams, water users, and recreationists recognize the importance of maintaining and conserving these corridors and would increase their efforts to do so if they had information on relevant and affordable voluntary best management practices (BMPs); and

WHEREAS, although there are a variety of efforts at the federal, state, local, and watershed levels to address river and stream corridor issues, there is a continuing need to pool scarce resources, increase effectiveness through improved coordination of policies, data, and implementation, and provide a greater opportunity for innovative solutions such as voluntary BMPs; and

WHEREAS, Montana is fortunate to have a successful BMP and streamside management policy model that was developed by Montana's forestry community, with the assistance of the Environmental Quality Council, that can serve as an example for other river and streamside land uses; and

WHEREAS, the Montana Legislature's bipartisan Environmental Quality Council has a 28-year history of helping Montanans constructively solve complex and divisive natural resource issues and has the capability and the unique perspective to facilitate the compilation and dissemination of BMP information for river and streamside land uses, to develop and recommend state policy, and to assist with interagency coordination.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 85-2-105, MCA, is amended to read:

"85-2-105. Environmental quality council -- water policy duties. (1) The environmental quality council shall meet as often as necessary, including during the interim between sessions, to perform the duties specified within this section.

(2) On a continuing basis, the environmental quality council shall:

(a) advise the legislature on the adequacy of the state's water policy and on important state, regional, national, and international developments that affect Montana's water resources;

(b) oversee the policies and activities of the department, other state executive agencies, and other state institutions as those policies and activities affect the water resources of the state;

(c) assist with interagency coordination related to Montana's water resources; and

(d) communicate with the public on matters of water policy as well as the water resources of the state.

(3) On a regular basis, the environmental quality council shall:

(a) analyze and comment on the state water plan required by 85-1-203, when filed by the department;

(b) analyze and comment on the report of the status of the state's renewable resource grant and loan program required by 85-1-621, when filed by the department;

(c) analyze and comment on water-related research undertaken by any state agency, institution, college, or university;

(d) analyze, verify, and comment on the adequacy of and information contained in the water information system maintained by the natural resource information system under 90-15-305; and

(e) report to the legislature as provided in 5-11-210.

(4) The legislative services division shall provide staff assistance to the environmental quality council to carry out its water policy duties."

NEW SECTION. Section 2. Streamside corridor and riparian management -- coordination and dissemination of best management practice information -- policy recommendations. Consistent with its authorities set forth in Titles 75 and 85, the environmental quality council, in cooperation with appropriate agency representatives, shall:

(1) review and summarize state, federal, and local policies and programs related to streamside corridor and riparian management in Montana and identify overlapping or conflicting goals or implementation mechanisms;

(2) compile and summarize streamside and riparian policy tools and best management practices programs currently in use in Montana and in other states and evaluate those from other states for policies that might be applicable in Montana;

(3) coordinate with existing groups, or convene and facilitate one or more working groups of stakeholders, to evaluate existing streamside and riparian best management practices, modify them for potential recommendation for voluntary application in Montana, and identify where additional practices should be developed;

(4) coordinate with others to develop cost-effective mechanisms to compile and disseminate the conclusions from activities conducted pursuant to subsections (1) through (3) and in doing so, maximize the likely implementation of the practices; and

(5) compile and summarize policy issues and develop policy recommendations for the legislature, the governor, or other appropriate entities that could improve the efficiency and effectiveness of streamside corridor and riparian management in Montana.

NEW SECTION. Section 3. Termination. [Section 2] terminates December 31, 2000.

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