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Proposed Explanatory Statement: <br /> <br />EXPLANATORY STATEMENT <br /> <br />Initiative 24-03 <br /> <br />An Initiative recognizing legally enforceable rights for the Snohomish River Watershed. <br /> <br />This ordinance would grant the Snohomish River Watershed the legal right to exist, regenerate and <br />flourish, which includes the right to naturally flow and recharge, the right to maintain the water <br />qualify necessary for native plants and wildlife, and the right to provide clean water. It also includes <br />the right to be free from activities or projects that interfere with those other rights. <br /> <br />It would be unlawful for anyone to interfere with the Watershed’s enumerated rights. Anyone with <br />standing in the City of Everett could bring a court action to enforce and protect these rights. A <br />person found by a court to have violated the rights of the Watershed could be ordered to pay damages <br />in the amount necessary to fully restore the Watershed to its natural state before the violation and <br />attorney fees. A person bringing the suit would not have to prove the cause of the damage to a <br />scientific certainty. <br /> <br />Any damages award in a lawsuit brought to protect the rights of the Watershed would be paid to the <br />City of Everett. The City would be required to use those funds exclusively for the full and complete <br />restoration of the Watershed as affected by the violation. <br /> <br />[Word count: 199 wds / max 200 (SnoCo)] <br /> <br />Prepared by Ramsey Ramerman <br />Deputy City Attorney for the City of Everett <br /> <br />