Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.42.005 Policy—Findings.
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(1) It is the policy of the state of Washington to recognize and preserve water rights in accordance with RCW 90.03.010.(2) The legislature finds that:(a) The state of Washington is faced with a shortage of water with which to meet existing and future needs, particularly during t…
RCW 90.42.010 Findings—Intent.
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The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation ac…
RCW 90.42.020 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) "Local government" means a city, town, public utility district, irrigation district, public port, county, sewer distric…
RCW 90.42.030 Contracts to finance water conservation projects—Public benefits—Trust water rights.
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(1) For purposes of this chapter, the state may enter into contracts to provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance provided, the state shall obtain public benefits defined in guidelines developed under R…
RCW 90.42.040 Trust water rights program—Water right certificate—Notice of creation or modification.
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(1) A trust water right acquired by the state shall be placed in the state trust water rights program to be managed by the department. The department shall exercise its authorities under the law in a manner that protects trust water rights. Trust water rights acquired by the stat…
RCW 90.42.050 Guidelines governing trust water rights—Submission of guidelines to joint select committee.
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The department, in cooperation with federally recognized Indian tribes, local governments, state agencies, and other interested parties, shall establish guidelines by July 1, 1992, governing the acquisition, administration, and management of trust water rights. The guidelines sha…
RCW 90.42.060 Chapter 43.83B RCW or RCW 43.83.340 not replaced or amended.
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The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B RCW or RCW 43.83.340 may be used.[ 2015 1st sp.s. c 4 s 55; 1991 c 347 s 10.]Notes:Purposes—1991 c 347: See notes …
RCW 90.42.070 Involuntary impairment of existing water rights not authorized.
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Nothing in this chapter authorizes the involuntary impairment of any existing water rights.[ 1991 c 347 s 11.]Notes:Purposes—1991 c 347: See note following RCW 90.42.005.
RCW 90.42.080 Trust water rights—Acquisition, donation, exercise, and transfer—Appropriation required for expenditure of funds.
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(1)(a) The state may acquire all or portions of existing surface water or groundwater rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water righ…
RCW 90.42.090 Jurisdictional authorities not altered.
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It is the intent of the legislature that jurisdictional authorities that exist in law not be expanded, diminished, or altered in any manner whatsoever by this chapter.[ 1991 c 347 s 13.]Notes:Purposes—1991 c 347: See note following RCW 90.42.005.
RCW 90.42.100 Water banking.
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(1) The department is hereby authorized to use the trust water rights program for water banking purposes statewide.(2) Water banking may be used for one or more of the following purposes:(a) To authorize the use of trust water rights to mitigate for water resource impacts, future…
RCW 90.42.110 Water banking—Application to transfer water rights.
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(1) The department, with the consent of the water right holder, may identify trust water rights for administration for water banking purposes, including trust water rights established before May 7, 2003.(2) An application to transfer a water right to the trust water [rights] prog…
RCW 90.42.120 Water banking—Transfer of water rights—Requirements—Appeals.
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(1) The department shall transfer a water right or portion thereof being administered for water banking purposes from the trust water [rights] program to a third party upon occurrence of all of the following:(a) The department receives a request for transfer of a water right or p…
RCW 90.42.130 Water banking—Input from affected entities.
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The department shall seek input from agricultural organizations, federal agencies, tribal governments, local governments, watershed groups, conservation groups, and developers on water banking, including water banking procedures and identification of areas in Washington where wat…
RCW 90.42.135 Limitations of act—2003 c 144.
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Nothing in chapter 144, Laws of 2003 shall:(1) Cause detriment or injury to existing rights or to the operation of the federal Yakima project to provide water for irrigation purposes, existing water supply contracts, or existing water rights;(2) Diminish in any way existing right…
RCW 90.42.138 Construction—2003 c 144.
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Nothing in chapter 144, Laws of 2003 may be construed to:(1) Affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under state or federal law;(2) Affect or modify the rights or jurisdictions o…
RCW 90.42.150 Recovery of department's costs associated with water service contracts with federal agencies.
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Costs incurred by the department associated with water service contracts with federal agencies may be recovered by the department from persons withdrawing water or credits for water associated with water banking purposes as a condition of the exercise of a water right supplied fr…
RCW 90.42.160 Adoption of rules.
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The department may adopt rules as necessary to implement this chapter.[ 2009 c 283 s 8.]Notes:Findings—Intent—2009 c 283: See note following RCW 90.42.100.
RCW 90.42.170 Water banking—Department must maintain information on its website.
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(1)(a) The department must maintain information on its website regarding water banking, including information on water banks and related programs in various areas of the state.(b) The information maintained on the department's website under this subsection must include a schedule…