Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.44.020 Purpose of chapter.
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This chapter regulating and controlling groundwaters of the state of Washington shall be supplemental to chapter 90.03 RCW, which regulates the surface waters of the state, and is enacted for the purpose of extending the application of such surface water statutes to the appropria…
RCW 90.44.030 Chapter not to affect surface water rights.
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The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be affected or impaired by any of the provisions of this supplementary chapter and, to the extent that any underground water is part of or tr…
RCW 90.44.035 Definitions.
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For purposes of this chapter:(1) "Department" means the department of ecology;(2) "Director" means the director of ecology;(3) "Groundwaters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water w…
RCW 90.44.040 Public groundwaters subject to appropriation.
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Subject to existing rights, all natural groundwaters of the state as defined in RCW 90.44.035, also all artificial groundwaters that have been abandoned or forfeited, are hereby declared to be public groundwaters and to belong to the public and to be subject to appropriation for …
RCW 90.44.050 Permit to withdraw.
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After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as here…
RCW 90.44.052 Whitman county clustered residential developments pilot project—Exemption from permit requirements.
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(1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this s…
RCW 90.44.055 Applications for water right or amendment—Consideration of water impoundment or other resource management technique.
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The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including …
RCW 90.44.060 Laws governing withdrawal.
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Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, the provisions of which sections are hereby extended to govern and to apply to groundwater, or groundwater right cert…
RCW 90.44.062 Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.
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The permit requirements of RCW 90.44.060 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 90.44.070 Limitations on granting permit.
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No permit shall be granted for the development or withdrawal of public groundwaters beyond the capacity of the underground bed or formation in the given basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, …
RCW 90.44.080 Certificate—Showing required.
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Upon a showing to the department that construction has been completed in compliance with the terms of any permit issued under the provisions of this chapter, it shall be the duty of the department to issue to the permittee a certificate of groundwater right stating that the appro…
RCW 90.44.090 Certificate of vested rights.
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Any person, firm or corporation claiming a vested right to withdraw public groundwaters of the state by virtue of prior beneficial use of such water shall, within three years after June 6, 1945, be entitled to receive from the department a certificate of groundwater right to that…
RCW 90.44.100 Amendment to permit or certificate—Replacement or new additional wells—Exemption for small irrigation impoundments.
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(1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may, without losing the holder's priority of right, construct wells or o…
RCW 90.44.105 Amendment to permit or certificate—Consolidation of rights for exempt wells.
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Upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may consolidate that right with a groundwater right exempt from the permit requirement under RCW 90.44.05…
RCW 90.44.110 Waste of water prohibited—Exceptions.
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No public groundwaters that have been withdrawn shall be wasted without economical beneficial use. The department shall require all wells producing waters which contaminate other waters to be plugged or capped. The department shall also require all flowing wells to be so capped o…
RCW 90.44.120 Penalty for waste or unauthorized use of water.
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The unauthorized use of groundwater to which another person is entitled, or the wilful or negligent waste of groundwater, or the failure, when required by the department, to cap flowing wells or equip the same with valves, fittings, or casings to prevent waste of groundwaters, or…
RCW 90.44.130 Priorities as between appropriators—Department in charge of groundwater withdrawals—Establishment and modification of groundwater areas and depth zones—Declarations by claimant of artificially stored water.
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As between appropriators of public groundwater, the prior appropriator shall as against subsequent appropriators from the same groundwater body be entitled to the preferred use of such groundwater to the extent of his or her appropriation and beneficial use, and shall enjoy the r…
RCW 90.44.180 Hearing to adjust supply to current needs.
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At any time the department may hold a hearing on its own motion, and shall hold a hearing upon petition of at least fifty or one-fourth, whichever is the lesser number, of the holders of valid rights to withdraw public groundwaters from any designated groundwater area, sub-area, …
RCW 90.44.200 Water supervisors—Duties—Compensation.
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The department, as in its judgment is deemed necessary and advisable, may appoint one or more groundwater supervisors for each designated groundwater area, sub-area, or zone, or may appoint one or more groundwater supervisors-at-large. Within their respective jurisdictions and un…
RCW 90.44.220 Petition to conduct an adjudication to determine rights to water.
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Upon the filing of a petition with the department by a planning unit or by one or more persons claiming a 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 rights ther…
RCW 90.44.230 Effect of findings and judgment.
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In any determination of the right to withdrawal of groundwater under RCW 90.44.220, the department's findings and the court's findings and judgment shall determine the priority of right and the quantity of water to which each appropriator who is a party to the proceedings shall b…
RCW 90.44.250 Investigations—Reports of appropriators.
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The department is hereby authorized to make such investigations as may be necessary to determine the location, extent, depth, volume, and flow of all groundwaters within the state and in making such examination, hereby is authorized and directed to cooperate with the federal gove…
RCW 90.44.400 Groundwater management areas—Purpose—Standards—Identification—Designation.
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(1) This legislation [act] is enacted for the purpose of identifying groundwater management procedures that are consistent with both local needs and state water resource policies and management objectives; including the protection of water quality, assurance of quantity, and effi…
RCW 90.44.410 Requirements for groundwater management programs—Review of programs.
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(1) The groundwater area or sub-area management programs shall include:(a) A description of the specific groundwater area or sub-areas, or separate depth zones within any such area or sub-area, and the relationship of this zone or area to the land use management responsibilities …
RCW 90.44.420 Groundwater management programs—Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and programs.
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The department of ecology shall consider the groundwater area or sub-area management plan for adoption in accordance with this chapter and chapter 90.54 RCW.Upon completion of the groundwater area or sub-area management program, the department of ecology shall hold a public heari…
RCW 90.44.430 Groundwater management programs—Guidance to local governments and certain departments.
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The department of ecology, the department of social and health services, and affected local governments shall be guided by the adopted program when reviewing and considering approval of all studies, plans, and facilities that may utilize or impact the implementation of the progra…
RCW 90.44.440 Existing rights not affected.
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RCW 90.44.400 through 90.44.430 shall not affect any water rights existing as of May 21, 1985.[ 1985 c 453 s 5.]
RCW 90.44.445 Acreage expansion program—Authorization—Certification.
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In any acreage expansion program adopted by the department as an element of a groundwater management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the d…
RCW 90.44.450 Metering or measuring groundwater withdrawals—Reports.
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The department of ecology may require withdrawals of groundwater to be metered, or measured by other approved methods, as a condition for a new water right permit. The department may also require, as a condition for such permits, reports regarding such withdrawals as to the amoun…
RCW 90.44.460 Reservoir permits.
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The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the department of ecology to issue reservoir permits that enable an entity to artificially store and recover water …
RCW 90.44.500 Civil penalties.
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See RCW 90.03.600.
RCW 90.44.510 Superseding water right permit or certificate—Water delivered from federal Columbia Basin project.
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The department shall issue a superseding water right permit or certificate for a groundwater right where the source of water is an aquifer for which the department adopts rules establishing a groundwater management subarea and water from the federal Columbia Basin project is deli…
RCW 90.44.530 Applications to appropriate groundwater under a cost-reimbursement agreement.
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Applications to appropriate groundwater under a cost-reimbursement agreement must be processed in accordance with RCW 90.03.265 when an applicant requests the assignment of a cost-reimbursement consultant as provided in RCW 43.21A.690.[ 2010 c 285 s 11.]Notes:Intent—2010 c 285: S…
RCW 90.44.540 Expedited processing of applications—Notification—Fees.
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(1) The department may expedite processing of applications within the same source of water on its own volition when there is interest from a sufficient number of applicants or upon receipt of written requests from at least ten percent of the applicants within the same source of w…
RCW 90.44.550 Odessa groundwater subarea—Nonuse of a water right—Notice to the department—Conditions.
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(1) In order to encourage more efficient use of water, where the source of water is an aquifer within the Odessa groundwater subarea as defined in chapter 173-128A WAC:(a) Any period of nonuse of a right to withdraw groundwater from the aquifer is deemed to be involuntary due to …