Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.28.160 Fencing across streams.
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Owners of land or their agents shall have the right to fence across all unmeandered streams at any time when such streams are not used for a public highway, or by making a fence that will not be an obstruction.[ 1891 c 120 s 3; no RRS.]
RCW 90.28.170 Dams across streams.
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There is hereby granted to persons, firms and corporations organized among other things, for irrigation and power purposes, the right to construct and maintain dams and works incident thereto over, upon and across the beds of the rivers of the state of Washington in connection wi…
RCW 90.36.010 Right-of-way to wells.
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Any person who may be entitled to water from any artesian well shall have the right to condemn the right-of-way for a ditch to convey such water for the purpose of irrigation over the lands intervening between such well and the place where the party owning such water wishes to us…
RCW 90.36.020 Flow limited during certain period—Exceptions.
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It shall be unlawful for any person, firm, corporation or company having possession or control of any artesian well within the state, whether as contractor, owner, lessee, agent or manager, to allow or permit water to flow or escape from such well between the fifteenth day of Oct…
RCW 90.36.030 Capping well—Exceptions.
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It shall be the duty of every person, firm, corporation or company having possession or control of any artesian well, as provided in RCW 90.36.020, to securely cap the same over on or before the fifteenth day of October in each and every year in such manner as to prevent the flow…
RCW 90.36.040 Right of neighboring owner to cap well—Lien.
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Whenever any person, firm, corporation or company in possession or control of an artesian well shall fail to comply with the provisions of *this act, any person, firm, corporation or company lawfully in the possession of land situate adjacent to or in the vicinity or neighborhood…
RCW 90.36.050 Penalty—1901 c 121.
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Any person whether as owner, lessee, agent or manager having possession or control of any such well, violating the provisions of *this act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding two hundred dollars for each and…
RCW 90.38.005 Findings—Purpose.
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(1) The legislature finds that:(a) Under present physical conditions in the Yakima river basin there is an insufficient supply of ground and surface water to satisfy the present needs of the basin, and that the general health, welfare, and safety of the people of the Yakima river…
RCW 90.38.010 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) "Integrated plan" means the Yakima river basin integrated water resource management plan developed through a consensus-…
RCW 90.38.020 Acquisition or donation of trust water rights.
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(1)(a) The department may acquire water rights, including but not limited to storage rights, by purchase, lease, 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 wate…
RCW 90.38.030 Water conservation projects—Contracts for financial assistance.
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(1) For the purposes of this chapter, the department is authorized to enter into contracts with water users for the purpose of providing moneys to users to assist in the financing of water conservation projects. In exchange for the financial assistance provided for the purposes o…
RCW 90.38.040 Trust water rights program.
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(1) All trust water rights acquired by the department shall be placed in the Yakima river basin trust water rights program to be managed by the department. The department shall issue a water right certificate in the name of the state of Washington for each trust water right it ac…
RCW 90.38.050 Rules.
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The department may adopt rules as appropriate to ensure full implementation of this chapter.[ 1989 c 429 s 6.]
RCW 90.38.060 Integrated water resource management plan.
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The department is authorized to implement the integrated water resource management plan in the Yakima river basin, through a coordinated effort of affected federal, state, and local agencies and resources, to develop water supply solutions that provide concurrent benefits to both…
RCW 90.38.070 Yakima integrated plan implementation account.
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(1) The Yakima integrated plan implementation account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to this chapter, or moneys directed to the account from any other sources must be deposite…
RCW 90.38.080 Yakima integrated plan implementation taxable bond account.
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(1) The Yakima integrated plan implementation taxable bond account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to this chapter, or moneys directed to the account from any other sources mus…
RCW 90.38.090 Yakima integrated plan implementation revenue recovery account.
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(1) The Yakima integrated plan implementation revenue recovery account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to this chapter, or moneys directed to the account from any other sources…
RCW 90.38.100 Report to the legislature and governor.
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(1) By December 1, 2015, and by December 1st of every odd-numbered year thereafter, and in compliance with RCW 43.01.036, the department, in consultation with the United States bureau of reclamation, the Yakama Nation, Yakima river basin local governments, and key basin stakehold…
RCW 90.38.110 Construction of a water supply project—Prior review by the state of Washington water research center.
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(1) Prior to the appropriation of funding for the construction of a water supply project proposed in the integrated plan with a cost of greater than $100,000,000, the state of Washington water research center shall review, evaluate, and prepare comments on the cost-benefit analys…
RCW 90.38.120 Legislative intent—Cost to implement the integrated plan.
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(1)(a) It is the intent of the legislature for the state to pay its fair share of the cost to implement the integrated plan. At least one-half of the total costs to finance the implementation of the integrated plan must be funded through federal, private, and other nonstate sourc…
RCW 90.38.130 Authorization to purchase land—Management and disposal of land.
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(1) Subject to the availability of amounts appropriated for this specific purpose, the department of natural resources is authorized to purchase land to be held in the community forest trust under RCW 79.155.040 to serve the purposes of the community forest trust including the pr…
RCW 90.38.900 Existing policies not replaced.
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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, RCW 43.83.340 or chapter 90.90 RCW may be used within or without the Yakima river basin.[ 2015 1st sp.s. c 4 …
RCW 90.38.901 Transfer of rights between irrigation districts not intended.
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It is not the intent of this chapter to facilitate the transfer of water rights from one irrigation district to another.[ 1989 c 429 s 8.]
RCW 90.38.902 Existing rights not impaired.
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(1) Nothing in this chapter shall authorize the impairment of, or operate to impair, any existing water rights.(2) Nothing in this chapter may be construed to limit, impair, waive, abrogate, or diminish:(a) Any treaty or other rights of the Yakama Nation;(b) Any powers, rights, o…
RCW 90.40.010 Eminent domain by the United States.
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The United States is hereby granted the right to exercise the power of eminent domain to acquire the right to the use of any water, to acquire or extinguish any rights, and to acquire any lands or other property, for the construction, operation, repairs to, maintenance or control…
RCW 90.40.020 Right to use water courses.
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The United States shall have the right to turn into any natural or artificial water course, any water that it may have acquired the right to store, divert, or store and divert, and may again divert and reclaim said waters from said water course for irrigation purposes subject to …
RCW 90.40.030 Notice and certificate, effect of.
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Whenever the secretary of the interior of the United States, or any officer of the United States duly authorized, shall notify the commissioner of public lands of this state that pursuant to the provisions of the act of congress approved June 17, 1902, entitled, "An act appropria…
RCW 90.40.040 Appropriation of water—Title to beds and shores.
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Whenever said secretary of the interior or other duly authorized officer of the United States shall cause to be let a contract for the construction of any irrigation works or any works for the storage of water for use in irrigation, or any portion or section thereof, for which th…
RCW 90.40.050 Reservation of needed lands—Procedure.
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When the notice provided for in RCW 90.40.030 shall be given to the commissioner of public lands the proper officers of the United States may file with the said commissioner a list of lands (including in the term "lands" as here used, the beds and shores of any lake, river, strea…
RCW 90.40.060 Restrictions on sale of state lands within project.
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After the receipt by the commissioner of public lands of the notice from the secretary of the interior or other officer of the United States provided for in RCW 90.40.030, no lands belonging to the state, susceptible of irrigation and within the area to be irrigated from the work…
RCW 90.40.070 Federal water users' association—Exemption from fees.
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Any water users' association which is organized in conformity with the requirements of the United States under said act of congress, and which under its articles of incorporation is authorized to furnish water only to its stockholders, shall be exempt from the payment of any inco…
RCW 90.40.080 Federal water users' association—Records by county auditor.
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It shall be the duty of the county auditor to provide record books containing printed forms of the articles of incorporation and stock subscriptions to the stock of water users' associations organized in conformity with the requirements of the United States under said act of cong…
RCW 90.40.090 Permit for Grand Coulee project.
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An application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to appropriate waters of the Columbia River under chapter 90.03 RCW, for the development of the Grand Coulee project shall be perfected in the same manner and …
RCW 90.40.100 Columbia Basin Project—Water appropriated pursuant to RCW 90.40.030—Periodic renewal not required.
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Any water withdrawn from appropriation pursuant to RCW 90.40.030 associated with the Columbia Basin Project shall continue as withdrawn from appropriation, without need for periodic renewal, until the project is declared completed or abandoned by the United States acting by and t…
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…