Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.14.010 Purpose.
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The future growth and development of the state is dependent upon effective management and efficient use of the state's water resources. The purpose of this chapter is to provide adequate records for efficient administration of the state's waters, and to cause a return to the stat…
RCW 90.14.020 Legislative declaration.
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The legislature finds that:(1) Extensive uncertainty exists regarding the volume of private claims to water in the state;(2) Such uncertainty seriously retards the efficient utilization and administration of the state's water resources, and impedes the fullest beneficial use ther…
RCW 90.14.031 Definitions.
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Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings:(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or othe…
RCW 90.14.041 Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions.
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All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as provided in this section, RCW 90.14.043, and 90.14.068, shall file with the department of ecology not later than June 30, 1974, a state…
RCW 90.14.043 Claim of right to withdraw, divert, or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions—Adjudication filing in water resource inventory area 1.
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(1) Notwithstanding any time restrictions imposed by the provisions of this chapter, a person may file a claim pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided in this section.(2) A certification shall be issue…
RCW 90.14.044 Existing water rights not impaired.
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The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition for certification filed during the period beginning on July 28, 1985, and ending on midnight, September 1, 1985, shall not affect or impair in any respect whatsoever any water right existing prio…
RCW 90.14.051 Statement of claim—Contents—Short form.
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The statement of claim for each right shall include substantially the following:(1) The name and mailing address of the claimant.(2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available.(3) The quantities of wate…
RCW 90.14.061 Statement of claim—Filing procedure—Processing of claim—Fee.
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Filing of a statement of a claim shall take place and be completed upon receipt by the department of ecology, at its office in Olympia, of an original statement signed by the claimant or his or her authorized agent, and two copies thereof. Any person required to file hereunder ma…
RCW 90.14.065 Statement of claim—Amendment—Surface water right claim change or transfer—Review of department of ecology's determination.
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(1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry may submit to the department of ecology for filing an amendment to such a statement of claim if the submitted amendment is based on:(i) An…
RCW 90.14.068 Statement of claim—New filing period.
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(1) A new period for filing statements of claim for water rights is established. The filing period shall begin September 1, 1997, and shall end at midnight June 30, 1998. Each person or entity claiming under state law a right to withdraw or divert and beneficially use surface wat…
RCW 90.14.071 Failure to file claim waives and relinquishes right.
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Except as provided in *section 5 of this act or as exempted from filing by RCW 90.14.041, any person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.041, who fails to file a statement of claim as provided in RCW 90.14.041, 90.14.043, or 90.1…
RCW 90.14.081 Filing of claim not deemed adjudication of right—Prima facie evidence.
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The filing of a statement of claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one or more water use claimants and another or others. A statement of claim filed pursuant to RCW 90.14…
RCW 90.14.091 Definitions—Water rights notice—Form.
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For the purpose of RCW 90.14.031 through 90.14.121 the following words and phrases shall have the following meanings:(1) "Statement of taxes due" means the statement required under RCW 84.56.050.(2) "Notice in writing" means a notice substantially in the following form:WATER RIGH…
RCW 90.14.101 Notice of chapter provisions—How given—Requirements.
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To insure that all persons referred to in RCW 90.14.031 and 90.14.041 are notified of the registration provisions of this chapter, the department of ecology is directed to give notice of the registration provisions of this chapter as follows:(1) It shall cause a notice in writing…
RCW 90.14.111 Water rights claims registry.
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The department of ecology is directed to establish a registry entitled the "Water Rights Claims Registry". All claims set forth pursuant to RCW 90.14.041, 90.14.051 and 90.14.061 shall be filed in the registry alphabetically and consecutively by control number, and by such other …
RCW 90.14.121 Penalty for overstating claim.
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The filing of a statement of claim pursuant to RCW 90.14.061 which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed shall constitute a misdemeanor punishable by a fine of not more than two hundred fifty dollars or by impriso…
RCW 90.14.130 Reversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal.
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When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his or her water right or some portion thereof, and it appears that said right has or may have reverted to the state because of such nonuse, as provided by RCW 90.14.…
RCW 90.14.140 "Sufficient cause" for nonuse defined—Rights exempted.
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(1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:(a) Drought, or other u…
RCW 90.14.150 Rights arising from permit to withdraw public waters not affected—Extensions.
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Nothing in this chapter shall be construed to affect any rights or privileges arising from any permit to withdraw public waters or any application for such permit, but the department of ecology shall grant extensions of time to the holder of a preliminary permit only as provided …
RCW 90.14.160 Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or general adjudication.
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Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without …
RCW 90.14.170 Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired due to ownership of land abutting stream, lake, or watercourse.
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Any person entitled to divert or withdraw waters of the state by virtue of his or her ownership of land abutting a stream, lake, or watercourse, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdra…
RCW 90.14.180 Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation.
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Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.44.080, or 90.44.090 who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to…
RCW 90.14.190 Water resources decisions—Appeals—Attorneys' fees.
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Any person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW 43.21B.310. In any such review, the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of any waive…
RCW 90.14.200 Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings.
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(1) All matters relating to the implementation and enforcement of this chapter by the department of ecology shall be carried out in accordance with chapter 34.05 RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter 34.…
RCW 90.14.210 Chapter applies to all rights to withdraw groundwaters.
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The provisions of this chapter shall apply to all rights to withdraw groundwaters of the state, whether authorized by chapter 90.44 RCW or otherwise.[ 1967 c 233 s 21.]Notes:Application to Yakima river basin trust water rights: RCW 90.38.040.
RCW 90.14.215 Chapter not applicable to trust water rights under chapter 90.38 or 90.42 RCW.
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This chapter shall not apply to trust water rights held or exercised by the department of ecology under chapter 90.38 or 90.42 RCW.[ 1991 c 347 s 14.]Notes:Purposes—1991 c 347: See note following RCW 90.42.005.
RCW 90.14.220 No rights to be acquired by prescription or adverse use.
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No rights to the use of surface or ground waters of the state affecting either appropriated or unappropriated waters thereof may be acquired by prescription or adverse use.[ 1967 c 233 s 22.]Notes:Application to Yakima river basin trust water rights: RCW 90.38.040.
RCW 90.14.230 Rules and regulations.
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The department of ecology is authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.[ 1987 c 109 s 102; 1967 c 233 s 23.]Notes:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RC…
RCW 90.14.240 Water rights tracking system account.
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The water rights tracking system account is created in the state treasury. Twenty percent of the fees collected by the department of ecology according to RCW 90.03.470 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from…
RCW 90.14.900 Effective date—1967 c 233.
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The effective date of this act is July 1, 1967.[ 1967 c 233 s 25.]Notes:Application to Yakima river basin trust water rights: RCW 90.38.040.
RCW 90.14.910 Severability—1967 c 233.
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If any provisions of this act or the application thereof to any person or circumstance is held invalid, the act can be given effect without the invalid provision or application; and to this end the provisions of this act are declared to be severable. This act shall be liberally c…