Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.03.005 State water policy—Cooperation with other agencies—Reduction of wasteful practices.
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It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and qu…
RCW 90.03.010 Appropriation of water rights—Existing rights preserved.
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The power of the state to regulate and control the waters within the state shall be exercised as hereinafter in this chapter provided. Subject to existing rights all waters within the state belong to the public, and any right thereto, or to the use thereof, shall be hereafter acq…
RCW 90.03.015 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of ecology.(2) "Director" means the director of ecology.(3) "Municipal water supplier" means an entity that supplies water for municip…
RCW 90.03.020 Units of water measurement.
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The legally recognized units of water measurement shall be as follows: For flowing water—one cubic foot of water per second of time, and to be designated "secondfoot." For absolute volume or quantity of water—forty-three thousand five hundred sixty cubic feet of water, and to be …
RCW 90.03.030 Right to convey water along lake or stream—Conveyance to intake structure in neighboring state.
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Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance …
RCW 90.03.040 Eminent domain—Use of water declared public use.
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The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial…
RCW 90.03.060 Water masters—Appointment, compensation.
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(1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require them. The districts for or in which the water masters serve shall be designated water master districts, which shall be fixed from time to time…
RCW 90.03.070 Water masters—Duties—Office space and equipment—Clerical assistance.
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It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water supply of his or her district among the several water conduits and reservoirs using said supply, according to the right and priority of each, respectiv…
RCW 90.03.090 Water master's power of arrest.
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The water master shall have the power, within his or her district, to arrest any person in the act of violating any of the provisions of this chapter and to deliver such person promptly into the custody of the sheriff or other competent officer within the county and immediately u…
RCW 90.03.100 Prosecuting attorney, legal assistant.
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It shall be the duty of the prosecuting attorney of any county to appear for or on behalf of the department or any water master, upon request of any such officer in any case which may arise in the performance of the official duties of any such officer within the jurisdiction of s…
RCW 90.03.105 Petition by planning units for general adjudication.
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The legislature finds that the lack of certainty regarding water rights within a water resource basin may impede management and planning for water resources. The legislature further finds that planning units conducting water resource planning under chapter 90.82 RCW may find that…
RCW 90.03.110 Determination of water rights—Petition—Statement and plan.
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(1) Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the right…
RCW 90.03.120 Determination of water rights—Order—Summons—Necessary parties—Use of innovative practices and technologies encouraged.
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(1) Upon the filing of the statement and map as provided in RCW 90.03.110 the judge of such superior court shall make an order directing summons to be issued, and fixing the return day thereof, which shall be not less than 100 nor more than 130 days, after the making of such orde…
RCW 90.03.130 Determination of water rights—Service of summons.
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(1) Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions commenced in the superior courts of the state: PROVIDED, That as an alternative to personal service, service may be made by certified mail, with …
RCW 90.03.140 Determination of water rights—Adjudication claim by defendant.
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(1) On or before the date specified in the summons, each defendant shall file with the clerk of the superior court an adjudication claim on a form and in a manner provided by the department, and mail or electronically mail a copy to the department. The department shall provide in…
RCW 90.03.150 Determination of water rights—Guardian ad litem for defendant.
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Whenever any defendant in any proceeding instituted under this chapter is an infant, or an alleged incompetent or disabled person for whom the court has not yet appointed either a guardian or a limited guardian, the court shall appoint a guardian ad litem for such minor or allege…
RCW 90.03.160 Determination of water rights—Response to motions under RCW 90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules of procedure.
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(1) Upon filing of the department's motion or motions under RCW 90.03.640(3), any party with a claim filed under RCW 90.03.140 for the appropriation of water or waters of the subject adjudication may file and serve a response to the department's motion or motions within the time …
RCW 90.03.180 Determination of water rights—Filing fee.
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At the time of filing the adjudication claim as provided in RCW 90.03.140, each defendant, except the United States or an Indian tribe under 43 U.S.C. Sec. 666, shall pay to the clerk of the superior court a fee as set under RCW 36.18.016.[ 2009 c 332 s 12; 1995 c 292 s 21; 1982 …
RCW 90.03.200 Determination of water rights—Final decree and notice of decree—Payment of fees—Appellate review of decree.
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Upon the court's determination of all issues, the court shall issue a final decree and provide notice of the decree to all parties. The final decree must order each party whose rights have been confirmed, except the United States or an Indian tribe under 43 U.S.C. Sec. 666, to pa…
RCW 90.03.210 Determination of water rights—Interim regulation of water—Appeals.
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(1) During the pendency of such adjudication proceedings prior to judgment or upon review by an appellate court, the stream or other water involved shall be regulated or partially regulated according to the schedule of rights specified in the department's report upon an order of …
RCW 90.03.220 Determination of water rights—Failure to appear—Estoppel.
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Whenever proceedings shall be instituted for the determination of the rights to the use of water, any defendant who shall fail to appear in such proceedings, after legal service, and submit proof of his or her claim, shall be estopped from subsequently asserting any right to the …
RCW 90.03.230 Determination of water rights—Copy of decree to director.
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The clerk of the superior court, immediately upon the entry of any decree by the superior court, shall transmit a certified copy thereof to the director, who shall immediately enter the same upon the records of the department.[ 1987 c 109 s 81; 1917 c 117 s 25; RRS s 7376. Former…
RCW 90.03.240 Determination of water rights—Certificate of adjudicated water right—Notice—Fees.
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Upon the court's final determination of the rights to water, the department shall issue to each person entitled to a water right by such a determination, a certificate of adjudicated water right, setting forth the name and mailing address of record with the court of such person; …
RCW 90.03.243 Determination of water rights—State to bear its expenses, when—County must be provided extraordinary costs imposed due to adjudication.
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The expenses incurred by the state in a proceeding to determine rights to water initiated under RCW 90.03.110 or 90.44.220 or upon appeal of such a determination shall be borne by the state. Subject to the availability of state funding provided either by direct appropriation or f…
RCW 90.03.245 Determination of water rights—Scope.
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Rights subject to determination proceedings conducted under RCW 90.03.110 through 90.03.240 and 90.44.220 include all rights to the use of water, including all diversionary and instream water rights, and include rights to the use of water claimed by the United States.Nothing in t…
RCW 90.03.247 Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.
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(1) Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to: (a) Protect the…
RCW 90.03.250 Appropriation procedure—Application for permit—Temporary permit.
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Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use o…
RCW 90.03.252 Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.
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The permit requirements of RCW 90.03.250 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of RCW 90.46.120 and do not apply to the use of agricultural industrial process water as provided under RCW 90.46.150.[ 2001 c …
RCW 90.03.255 Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.
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The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, inclu…
RCW 90.03.260 Appropriation procedure—Application—Contents.
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(1) Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of t…
RCW 90.03.265 Appropriation procedure—Cost-reimbursement agreement for expedited review of application—Adoption of rules.
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(1)(a) Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A cost-reimbursement agreement may be initi…
RCW 90.03.270 Appropriation procedure—Record of application.
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Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and to keep a record of same. If upon examination, the application is found to be defective, it shall be returned to the applicant for correction or co…
RCW 90.03.280 Appropriation procedure—Notice.
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Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use …
RCW 90.03.290 Appropriation procedure—Department to investigate—Preliminary permit—Findings and action on application.
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(1) When an application complying with the provisions of this chapter and with the rules of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is availab…
RCW 90.03.300 Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.
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No permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such permit, or any portion of the works in such application described and to be constructed for the purpose of storing, conserving, diverting…
RCW 90.03.310 Appropriation procedure—Assignability of permit or application.
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Any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment shall be binding or valid unless filed for record with the department. Any application for permits to appropriate water prior to permit issuing, may be assigned by the …
RCW 90.03.320 Appropriation procedure—Construction work.
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Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The dep…
RCW 90.03.330 Appropriation procedure—Water right certificate.
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(1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by the direc…
RCW 90.03.340 Appropriation procedure—Effective date of water right.
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The right acquired by appropriation shall relate back to the date of filing of the original application with the department.[ 1987 c 109 s 90; 1917 c 117 s 35; RRS s 7387. Formerly RCW 90.20.110.]Notes:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See n…
RCW 90.03.345 Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.
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The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter…
RCW 90.03.350 Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.
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Except as provided in RCW 43.21A.068, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications …
RCW 90.03.360 Controlling works and measuring devices—Metering of diversions—Impact on fish stock.
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(1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water diverted. …
RCW 90.03.370 Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project standards and rules—Exemptions—Report to the legislature.
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(1)(a) All applications for reservoir permits are subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the s…
RCW 90.03.380 Right to water attaches to land—Transfer or change in point of diversion—Transfer of rights from one district to another—Priority of water rights applications—Exemption for small irrigation impoundments—Electronic notice of an application for an interbasin water rights transfer.
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(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any o…
RCW 90.03.383 Interties—Findings—Definitions—Review and approval.
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(1) The legislature recognizes the value of interties for improving the reliability of public water systems, enhancing their management, and more efficiently utilizing the increasingly limited resource. Given the continued growth in the most populous areas of the state, the incre…
RCW 90.03.386 Coordination of approval procedures for compliance and consistency with approved water system plan.
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(1) Within service areas established pursuant to chapter 43.20 or 70A.100 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management pro…
RCW 90.03.390 Temporary changes—Emergency interties—Rotation in use.
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RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use of water when such change can be made without detriment to existing rights, but in no case shall such change be made without the permission…
RCW 90.03.395 Change of point of diversion to downstream intake structure—Intent.
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The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of …
RCW 90.03.397 Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.
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(1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity…
RCW 90.03.400 Crimes against water code—Unauthorized use of water.
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(1)(a) The unauthorized use of water to which another person is entitled or the willful or negligent waste of water to the detriment of another, is a misdemeanor.(b) For instances of the waste of water under this subsection, the department may alternatively follow the sequence of…