Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.50A.005 Purpose.
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The long-range health and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to provide an account to re…
RCW 90.50A.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Clean water act" means 33 U.S.C. Sec. 1251 through 1388, as it existed on June 9, 2016.(2) "Debt service" means the total of all principal, interest, and administratio…
RCW 90.50A.020 Water pollution control revolving fund.
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(1) The water pollution control revolving fund is hereby established in the state treasury. Moneys in this fund may be spent only after legislative appropriation. Moneys in the fund may be spent only in a manner consistent with this chapter.(2) The water pollution control revolvi…
RCW 90.50A.030 Use of moneys in fund.
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The department shall use the moneys in the water pollution control revolving fund to provide financial assistance as provided in the clean water act and as provided in RCW 90.50A.040:(1) To make loans, on the condition that:(a) Such loans are made at or below market interest rate…
RCW 90.50A.040 Administration of fund.
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Moneys deposited in the water pollution control revolving fund shall be administered by the department. In administering the fund, the department shall:(1) Consistent with RCW 90.50A.030 and 90.50A.080, allocate funds for loans in accordance with the annual project priority list …
RCW 90.50A.050 Loans from fund—Requirements for recipients.
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Any public body receiving a loan from the fund shall:(1) Appear on the annual project priority list to be identified for funding under the clean water act;(2) Submit an application to the department;(3) Establish and maintain a dedicated source of revenue or other acceptable sour…
RCW 90.50A.060 Defaults.
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If a public body defaults on payments due to the fund, the state may withhold any amounts otherwise due to the public body and direct that such funds be applied to the indebtedness and deposited into the account.[ 1988 c 284 s 7.]
RCW 90.50A.070 Establishment of policies for loan terms and interest rates.
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The department shall establish by rule policies for establishing loan terms and interest rates for loans made from the fund that assure that the objectives of this chapter are met and that adequate funds are maintained in the fund to meet future needs.[ 1988 c 284 s 8.]
RCW 90.50A.080 Puget Sound partners.
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(1) In administering the fund, the department shall give priority consideration to:(a) A public body that is a Puget Sound partner, as defined in RCW 90.71.010; and(b) A project that is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310.(…
RCW 90.50A.090 Water pollution control revolving administration account—Creation—Report to the legislature.
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(1) The water pollution control revolving administration account is created in the state treasury. All receipts from charges authorized in this section must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may…
RCW 90.52.005 Environmental excellence program agreements—Effect on chapter.
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Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under cha…
RCW 90.52.010 Annual reports required—Contents—Critical materials designated.
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Every person conducting a commercial or industrial operation within this state who discharges wastes, other than sanitary sewage, into waters of the state or into any sewer system which discharges into waters of the state, and every person conducting a commercial or industrial op…
RCW 90.52.020 Confidentiality as to manufacturing processes.
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The department of ecology shall provide proper and adequate procedures to safeguard the confidentiality of manufacturing processes: PROVIDED, That the confidentiality shall not extend to waste products discharged into the waters or air of the state.[ 1971 ex.s. c 160 s 2.]
RCW 90.52.030 Operation subject to injunction, when—Civil penalties.
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Operation of an industrial or commercial operation in violation of RCW 90.52.010 may be enjoined on petition of the attorney general to the superior court of Thurston county or of the county in which the operation is located.Operation of an industrial or commercial operation in v…
RCW 90.52.040 Wastes to be provided with available methods of treatment prior to discharge into waters of the state.
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Except as provided in RCW 90.54.020(3)(b), in the administration of the provisions of chapter 90.48 RCW, the director of the department of ecology shall, regardless of the quality of the water of the state to which wastes are discharged or proposed for discharge, and regardless o…
RCW 90.52.900 Short title.
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This act shall be known and may be cited as the Pollution Disclosure Act of 1971.[ 1971 ex.s. c 160 s 5.]
RCW 90.54.005 Findings—Objectives—2002 c 329.
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The legislature recognizes the critical importance of providing and securing sufficient water to meet the needs of people, farms, and fish. The legislature finds that an effective way to meet the water needs of people, farms, and fish is through strategies developed and implement…
RCW 90.54.010 Purpose.
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(1) The legislature finds that:(a) Proper utilization of the water resources of this state is necessary to the promotion of public health and the economic well-being of the state and the preservation of its natural resources and aesthetic values. Although water is a renewable res…
RCW 90.54.020 General declaration of fundamentals for utilization and management of waters of the state.
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Utilization and management of the waters of the state shall be guided by the following general declaration of fundamentals:(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife m…
RCW 90.54.030 Water and related resources—Department to be advised—Water resources data program.
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For the purpose of ensuring that the department is fully advised in relation to the performance of the water resources program provided in RCW 90.54.040, the department is directed to become informed with regard to all phases of water and related resources of the state. To accomp…
RCW 90.54.035 State funding of water resource programs—Priorities.
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(1) State funding of water resource, supply, and quality related capital programs, both current and future, shall, to the maximum extent possible within state or federal legal requirements, be directed to assist in the resolution of current conflicts and implementation of regiona…
RCW 90.54.040 Comprehensive state water resources program—Modifying existing and adopting new regulations and statutes.
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(1) The department, through the adoption of appropriate rules, is directed, as a matter of high priority to insure that the waters of the state are utilized for the best interests of the people, to develop and implement in accordance with the policies of this chapter a comprehens…
RCW 90.54.045 Water resource planning—Pilot process—Report to the legislature.
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(1) In the development and implementation of the comprehensive state water resources program required in RCW 90.54.040(1), the process described therein shall involve participation of appropriate state agencies, Indian tribes, local governments, and interested parties, and shall …
RCW 90.54.050 Setting aside or withdrawing waters—Rules—Consultation with legislative committees—Public hearing, notice—Review.
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In conjunction with the programs provided for in RCW 90.54.040(1), whenever it appears necessary to the director in carrying out the policy of this chapter, the department may by rule adopted pursuant to chapter 34.05 RCW:(1) Reserve and set aside waters for beneficial utilizatio…
RCW 90.54.060 Department to seek involvement of other persons and entities, means—Assistance grants.
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To insure that all of the various persons and entities having an interest in the water resources of the state and the programs of the chapter are provided with a full opportunity for involvement not only with the development of the program but the implementation by the department…
RCW 90.54.080 State to vigorously represent its interests before federal agencies, interstate agencies.
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The state shall vigorously represent its interest before water resource regulation, management, development, and use agencies of the United States, including among others the federal power commission, environmental protection agency, army corps of engineers, department of the int…
RCW 90.54.090 State, local governments, municipal corporations to comply with chapter.
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All agencies of state and local government, including counties and municipal and public corporations, shall, whenever possible, carry out powers vested in them in manners which are consistent with the provisions of this chapter.[ 1987 c 505 s 82; 1977 c 75 s 95; 1971 ex.s. c 225 …
RCW 90.54.100 Department to evaluate needs for projects and alternative methods of financing.
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The department of ecology shall as a matter of high priority evaluate the needs for water resource development projects and the alternative methods of financing of the same by public and private agencies, including financing by federal, state and local governments and combination…
RCW 90.54.110 Authority to secure and obtain benefits, including grants.
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The department of ecology is authorized to obtain the benefits including acceptance of grants, of any program of the federal government or any other source to carry out the provisions of this chapter and is empowered to take such actions as are necessary and appropriate to secure…
RCW 90.54.120 "Department," "utilize," and "utilization" defined.
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For the purposes of this chapter, unless the context is clearly to the contrary, the following definitions shall be used:(1) "Department" means department of ecology.(2) "Utilize" or "utilization" shall not only mean use of water for such long recognized consumptive or nonconsump…
RCW 90.54.130 Land use management policy modifications—Advisory recommendations.
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The department of ecology may recommend land use management policy modifications it finds appropriate for the further protection of ground and surface water resources in this state. Such advisory recommendations may be made to other state regulatory agencies, local governments, w…
RCW 90.54.140 Protection of groundwater aquifers if sole drinking water source.
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The legislature hereby declares that the protection of groundwater aquifers which are the sole drinking water source for a given jurisdiction shall be of the uppermost priority of the state department of ecology, department of social and health services, and all local government …
RCW 90.54.150 Water supply projects—Cooperation with other agencies—Scope of participation.
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When feasible, the department of ecology shall cooperate with the United States and other public entities, including Indian tribes, in the planning, development, and operation of comprehensive water supply projects designed primarily to resolve controversies and conflicts over wa…
RCW 90.54.160 Department to report on dam safety.
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The department of ecology shall report to the legislature on the last working day of December of 1984, 1985, and 1986, and thereafter as deemed appropriate by the department, on dam facilities that exhibit safety deficiencies sufficient to pose a significant threat to the safety …
RCW 90.54.170 Electric generation facility—Evaluation of application to appropriate water.
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In addition to other requirements of this chapter, when the proposed water resource development project involves a new water supply combined with an electric generation facility where such electricity generated may be sold to an entity authorized by law to distribute electricity,…
RCW 90.54.180 Water use efficiency and conservation programs and practices.
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Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the…
RCW 90.54.191 Streamflow restoration a priority.
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The department shall prioritize the expenditure of funds and other resources for programs related to streamflow restoration in watersheds where the exercise of inchoate water rights may have a larger effect on streamflows and other water uses.[ 2003 1st sp.s. c 5 s 10.]Notes:Seve…
RCW 90.54.210 Department shall act on water rights applications that rely on reservations of water established in WAC 173-518-080 or 173-545-090.
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(1) The department shall act on all water rights applications that rely on the reservations of water established in WAC 173-518-080 or 173-545-090, as those provisions existed on March 31, 2016. The legislature declares that the reservations of water established in WAC 173-518-08…
RCW 90.54.800 Policy guidelines.
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Future development of hydropower and protection of river-related resources shall be guided by policies and programs which:(1) Create opportunities for balanced development of cost-effective and environmentally sound hydropower projects by a range of development interests;(2) Prot…
RCW 90.54.900 Certain rights, authority, not to be affected by chapter.
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Nothing in this chapter shall affect any existing water rights, riparian, appropriative, or otherwise; nor shall it affect existing rights relating to the operation of any hydroelectric or water storage reservoir or related facility; nor shall it affect any exploratory work, cons…
RCW 90.54.910 Short title.
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This chapter shall be known and may be cited as the "Water Resources Act of 1971".[ 1971 ex.s. c 225 s 14.]
RCW 90.54.920 Rights not impaired.
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(1) Nothing in this act shall affect or operate to impair any existing water rights.(2) Nothing in this act shall be used to prevent future storage options, recognizing that storage may be necessary as a method of conserving water to meet both instream and out-of-stream needs.(3)…
RCW 90.56.005 Findings—Purpose.
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(1) The legislature declares that waterborne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by ves…
RCW 90.56.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, tra…
RCW 90.56.020 Director responsible for spill response.
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Except as otherwise specifically provided in this chapter or other law, the director has the primary authority, in conformance with the statewide master oil and hazardous substance spill prevention and contingency plan adopted pursuant to RCW 90.56.060 and any applicable continge…
RCW 90.56.030 Powers and duties.
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The powers, duties, and functions conferred by this chapter shall be exercised by the department of ecology and shall be deemed an essential government function in the exercise of the police power of the state. Such powers, duties, and functions of the department shall extend to …
RCW 90.56.040 Authority supplemental.
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This chapter grants authority to the department which is supplemental to and in no way reduces or otherwise modifies the powers granted to the department by other statutes.[ 1991 c 200 s 105; 1987 c 109 s 153; 1969 ex.s. c 133 s 11. Formerly RCW 90.48.365.]Notes:Purpose—Short tit…
RCW 90.56.050 Rules.
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The department may adopt rules including but not limited to the following matters:(1) Procedures and methods of reporting discharges and other occurrences prohibited by this chapter;(2) Procedures, methods, means, and equipment to be used by persons subject to regulation by this …
RCW 90.56.060 Statewide master oil and hazardous substance spill prevention and contingency plan—Evaluation and revision or elimination of advisory committees.
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(1)(a) The department shall prepare and annually update a statewide master oil and hazardous substance spill prevention and contingency plan. In preparing the plan, the department shall consult with an advisory committee representing diverse interests concerned with oil and hazar…
RCW 90.56.070 Coordination with federal law.
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In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the department shall to the greatest extent practicable implement this chapter in a manner consistent with federal law.[ 1991 c 200 s 108.]