Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.82.005 Purpose.
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The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and…
RCW 90.82.010 Finding.
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The legislature finds that the local development of watershed plans for managing water resources and for protecting existing water rights is vital to both state and local interests. The local development of these plans serves vital local interests by placing it in the hands of pe…
RCW 90.82.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Department" means the department of ecology.(2) "Implementing rules" for a WRIA plan are the rules needed to give force and effect to the parts of the plan that creat…
RCW 90.82.030 Principles.
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In order to have the best possible program for appropriating and administering water use in the state, the legislature establishes the following principles and criteria to carry out the purpose and intent of chapter 442, Laws of 1997.(1) All WRIA planning units established under …
RCW 90.82.040 WRIA planning units—Watershed planning grants—Eligibility criteria—Administrative costs.
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(1) Once a WRIA planning unit has been initiated under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and implementation. Funds shall be provided from and to th…
RCW 90.82.043 Implementation plan.
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(1) Within one year of accepting funding under RCW 90.82.040(2)(e), the planning unit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all subsequent years of the phas…
RCW 90.82.048 Implementation plan—Timelines and milestones.
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(1) The timelines and interim milestones in a detailed implementation plan required by RCW 90.82.043 must address the planned future use of existing water rights for municipal water supply purposes, as defined in RCW 90.03.015, that are inchoate, including how these rights will b…
RCW 90.82.050 Limitations on liability.
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(1) This chapter shall not be construed as creating a new cause of action against the state or any county, city, town, water supply utility, conservation district, or planning unit.(2) Notwithstanding RCW 4.92.090, 4.96.010, and 64.40.020, no claim for damages may be filed agains…
RCW 90.82.060 Initiation of watershed planning—Scope of planning—Technical assistance from state agencies.
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(1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage …
RCW 90.82.070 Water quantity component.
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Watershed planning under this chapter shall address water quantity in the management area by undertaking an assessment of water supply and use in the management area and developing strategies for future use.(1) The assessment shall include:(a) An estimate of the surface and groun…
RCW 90.82.080 Instream flow component—Rules—Report.
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(1)(a) If the initiating governments choose, by majority vote, to include an instream flow component, it shall be accomplished in the following manner:(i) If minimum instream flows have already been adopted by rule for a stream within the management area, unless the members of th…
RCW 90.82.085 Instream flows—Assessing and setting or amending.
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By October 1, 2001, the department of ecology shall complete a final nonproject environmental impact statement that evaluates streamflows to meet the alternative goals of maintaining, preserving, or enhancing instream resources and the technically defensible methodologies for det…
RCW 90.82.090 Water quality component.
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If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:(1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality…
RCW 90.82.100 Habitat component.
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If the initiating governments choose to include a habitat component, the watershed plan shall be coordinated or developed to protect or enhance fish habitat in the management area. Such planning must rely on existing laws, rules, or ordinances created for the purpose of protectin…
RCW 90.82.110 Identification of projects and activities.
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The planning unit shall review historical data such as fish runs, weather patterns, land use patterns, seasonal flows, and geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural …
RCW 90.82.120 Plan parameters.
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(1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in …
RCW 90.82.130 Plan approval—Public notice and hearing—Revisions.
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(1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nong…
RCW 90.82.140 Use of monitoring recommendations in RCW 77.85.210.
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In conducting assessments and other studies that include monitoring components or recommendations, the department and planning units shall implement the monitoring recommendations developed under *RCW 77.85.210.[ 2001 c 298 s 2.]Notes:*Reviser's note: RCW 77.85.210 was repealed b…