Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.80.005 Findings.
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The legislature finds:(1) Voluntary water right transfers can reallocate water use in a manner that will result in more efficient use of water resources;(2) Voluntary water right transfers can help alleviate water shortages, save capital outlays, reduce development costs, and pro…
RCW 90.80.010 Definitions.
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The following definitions apply throughout this chapter, unless the context clearly requires otherwise.(1) "Alternate" means an individual: (a) Who is appointed by the county legislative authority or authorities under RCW 90.80.050(3); (b) who is trained under the requirements of…
RCW 90.80.020 Water conservancy boards—Creation.
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(1) The county legislative authority of a county may create a water conservancy board, subject to approval by the director, for the purpose of expediting voluntary water transfers within the county.(2) A water conservancy board may be initiated by: (a) A resolution of the county …
RCW 90.80.030 Petition for board creation—Required information—Approval or denial—Description of training requirements.
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(1) The county legislative authority shall forward a copy of the resolution or petition calling for the creation of the board, a copy of the resolution approving the creation of the board, and a summary of the public testimony presented at the public hearing to the director follo…
RCW 90.80.035 Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation.
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(1) If a county is the only county having lands comprising a water resource inventory area as defined in chapter 173-500 WAC, the county may elect to establish a water conservancy board for the water resource inventory area, rather than for the entire county.(2) Counties having l…
RCW 90.80.040 Rules—Minimum training requirements and continuing education.
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The director of the department may, as deemed necessary by the director, adopt rules in accordance with chapter 34.05 RCW necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners. Training courses for commissio…
RCW 90.80.050 Corporate powers—Board composition—Members' terms, expenses—Alternates—Eligibility to be appointed.
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(1) A water conservancy board constitutes a public body corporate and politic and a separate unit of local government in the state. Each board shall consist of three commissioners appointed by the county legislative authority or authorities as applicable for six-year terms. The c…
RCW 90.80.055 Additional board powers.
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(1) Except as provided in subsection (2) of this section, a board shall operate on a countywide basis or on an area-wide basis in the case of a board with jurisdiction in more than one county or water resource inventory area, and have the following powers, in addition to any othe…
RCW 90.80.057 Quorum.
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For purposes of carrying out the official business of a board, a quorum consists of the physical presence of two of the three members of a three-member board or three of the five members of a five-member board. A board may operate with one or two vacant positions as long as it me…
RCW 90.80.060 Board powers—Funding.
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(1) A water conservancy board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees and fix their compensation, employ cont…
RCW 90.80.065 Dissolution of board.
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A water conservancy board may be formally dissolved by the county or jointly by the counties as applicable in which it operates by adoption of a resolution of the county legislative authority or authorities. Notice of the dissolution must be provided to the director. The departme…
RCW 90.80.070 Applications for water transfers—Notice—Record of decision—Review—Alternate serving as commissioner.
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(1) A person proposing a transfer of a water right may elect to file an application with a water conservancy board, if a board has been established for the geographic area where the water is or would be diverted, withdrawn, or used. If the person has already filed an application …
RCW 90.80.080 Records of decision—Transmittal to department and others—Internet posting—Review.
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(1) The board must provide a copy of its record of decision to the applicant. The board shall submit its record of decision on the transfer application to the department for review. The board shall also submit its report of examination to the department summarizing factual findin…
RCW 90.80.090 Appeals from director's decisions.
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The decision of the director to approve or deny an action to create a board, or to approve, deny, or modify a water right transfer either by action or inaction is appealable in the same manner as other water right decisions made pursuant to chapters 90.03 and 90.44 RCW.[ 2001 c 2…
RCW 90.80.100 Damages arising from records of decisions on transfers—Immunity.
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Neither the county or counties, the department, a conservancy board, or its employees, nor individual conservancy board commissioners shall be subject to any cause of action or claim for damages arising out of records of decisions on transfers made by a board under this chapter.[…
RCW 90.80.110 Approval of interties.
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Nothing in this chapter eliminates or lessens the requirements necessary for the approval of interties.[ 1997 c 441 s 15.]
RCW 90.80.120 Conflicts of interest.
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(1) A commissioner of a water conservancy board shall not engage in any act which is in conflict with the proper discharge of the official duties of a commissioner. A commissioner is deemed to have a conflict of interest if he or she:(a) Has an ownership interest in a water right…
RCW 90.80.130 Application of open public meetings act.
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Water conservancy board activities are subject to the open public meetings act, chapter 42.30 RCW and to *chapter 42.32 RCW. This includes announcing meetings in advance.[ 2001 c 237 s 17; 1997 c 441 s 17.]Notes:*Reviser's note: The only section in chapter 42.32 RCW, RCW 42.32.03…
RCW 90.80.135 Application of public records act.
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(1) A board is subject to the requirements of chapter 42.56 RCW. Each board must establish and maintain records of its proceedings and determinations. While in the possession of the board, all such records must be made available for inspection and copies must be provided to the p…
RCW 90.80.140 Transfers approved under chapter 90.03 or 90.44 RCW not affected.
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Nothing in this chapter affects transfers that may be otherwise approved under chapter 90.03 or 90.44 RCW.[ 2001 c 237 s 20; 1997 c 441 s 18.]Notes:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 9…
RCW 90.80.150 Information required to be maintained on the department's website.
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The department shall maintain information on its website concerning the boards formed or sought to be formed under the authority of this chapter, the transfer applications reviewed and other activities conducted by the boards, and the funding of such boards. Conservancy boards mu…