Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.03.410 Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.
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(1) Any person or persons who shall willfully interfere with, or injure or destroy any dam, dike, headgate, weir, canal or reservoir, flume, or other structure or appliance for the diversion, carriage, storage, apportionment, or measurement of water for irrigation, reclamation, p…
RCW 90.03.420 Crimes against water code—Obstruction of right-of-way.
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Whenever any appropriator of water has the lawful right-of-way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto or trespass thereon.[ 19…
RCW 90.03.430 Partnership ditches—Action for reimbursement for work done.
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In all cases where irrigating ditches are owned by two or more persons and one or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches or to construct suitabl…
RCW 90.03.440 Partnership ditches—Procedure for division of water between joint owners.
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When two or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, and where there is no disagreement as to the…
RCW 90.03.450 Partnership ditches—Lien for labor performed.
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Upon the failure of any co-owner to pay his or her proportionate share of such expense as mentioned in RCW 90.03.430 within thirty days after receiving a statement of the same as performed by his or her co-owner or owners, such person or persons so performing such labor may secur…
RCW 90.03.460 Inchoate rights not affected.
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Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to the circumstances surroundi…
RCW 90.03.470 Schedule of fees.
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The fees specified in this section shall be collected by the department in advance of the requested action.(1) For the examination of an application for a permit to appropriate water, a minimum fee of fifty dollars must be remitted with the application. For an amount of water exc…
RCW 90.03.471 Disposition of fees.
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All fees, collections and revenues derived under RCW 90.03.470 or by virtue of RCW 90.03.180, shall be used exclusively for the purpose of carrying out the work and performing the functions of the division of water resources of the department.[ 1987 c 109 s 99; 1925 ex.s. c 161 s…
RCW 90.03.500 Stormwater control facilities—Imposition of rates and charges—Legislative findings.
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The legislature finds that increasing the surface water or stormwater accumulation on or flow over real property, beyond that which naturally occurs on the real property, may cause severe damage to the real property and limit the gainful use or enjoyment of the real property, res…
RCW 90.03.510 Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.
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Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund stormwater control facilities or improvements and the operation and maintenance of such facilities or improvements under RCW 35.67.020, 35.92.020, 36.89.080, 36.94…
RCW 90.03.520 Stormwater control facilities—Imposition of rates and charges—Definitions.
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The definitions set forth in this section apply to RCW 90.03.525 and 35.67.025.(1) "State highway right-of-way" means the right-of-way for a state highway. The phrase includes the right-of-way of a state limited access highway inside or outside a city or town but does not include…
RCW 90.03.525 Stormwater control facilities—Imposition of rates and charges with respect to state highway rights-of-way—Annual plan for expenditure of charges.
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(1) The rate charged by a local government utility to the department of transportation with respect to state highway right-of-way or any section of state highway right-of-way for the construction, operation, and maintenance of stormwater control facilities under chapters 35.67, 3…
RCW 90.03.540 Highway construction improvement projects—Joint stormwater treatment facilities.
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In the development of highway construction improvement projects, the department of transportation shall coordinate with adjacent local governments, ports, and other public and private organizations to determine opportunities for cost-effective joint stormwater treatment facilitie…
RCW 90.03.550 Municipal water supply purposes—Beneficial uses.
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Beneficial uses of water under a municipal water supply purposes water right may include water withdrawn or diverted under such a right and used for:(1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or(2) Uses that are …
RCW 90.03.560 Municipal water supply purposes—Identification.
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When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are …
RCW 90.03.570 Change or transfer of an unperfected surface water right for municipal water supply purposes.
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(1) An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW 90.03.380 for any purpose if:(a) The supplier is in compliance with the terms of …
RCW 90.03.580 Failing public water system—Conditions.
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To be considered a failing public water system for the purposes of RCW 90.03.570, the department of health, in consultation with the department and the local health authority, must make a determination that the system meets one or more of the following conditions:(1) A public wat…
RCW 90.03.590 Municipal water suppliers—Watershed agreement—Pilot project.
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(1) On a pilot project basis, the department may enter into a watershed agreement with one or more municipal water suppliers in water resource inventory area number one to meet the objectives established in a water resource management program approved or being developed under cha…
RCW 90.03.591 New watershed agreements prohibited after July 1, 2008.
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The department may not enter into new watershed agreements under RCW 90.03.590 after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date.[ 2003 1st sp.s. c 5 s 17.]Notes:Severability—2003 1st sp.s. c 5: See note following RCW 90.03.…
RCW 90.03.600 Civil penalties.
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In determining the amount of a penalty to be levied, the department shall consider the seriousness of the violation, whether the violation is repeated or continuous after notice of the violation is given, and whether any damage has occurred to the health or property of other pers…
RCW 90.03.605 Compliance—Sequence of enforcement measures—Location of compliance personnel.
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(1) The department shall, through a network of water masters appointed under this chapter, stream patrollers appointed under chapter 90.08 RCW, and other assigned compliance staff to the extent such a network is funded, achieve compliance with the water laws and rules of the stat…
RCW 90.03.615 Calculating annual consumptive quantity.
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For purposes of calculating annual consumptive quantity as defined under RCW 90.03.380(1), if, within the most recent five-year period, the water right has been in the trust water rights program under chapter 90.38 or 90.42 RCW, or the nonuse of the water right has been excused f…
RCW 90.03.620 Water rights adjudication—Disqualification of judge.
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(1) A judge in a water right adjudication filed under this chapter may be partially or fully disqualified from hearing the adjudication. Partial disqualification means disqualification from hearing specified claims. Full disqualification means disqualification from hearing any as…
RCW 90.03.625 Water rights adjudication—Motion for default.
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Upon expiration of the filing period established under RCW 90.03.120, the department shall file a motion for default against defendants who have been served but who have failed to timely file an adjudication claim under RCW 90.03.140. A party in default may file a late claim unde…
RCW 90.03.630 Water rights adjudication—Use for which a statement of claim is required.
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If an adjudication claim is for a use for which a statement of claim was required to be filed under chapter 90.14 RCW and no such claim was filed, the department may move that the adjudication claim be denied. The court shall grant the department's motion unless the claimant show…
RCW 90.03.635 Water rights adjudication—Filing of evidence.
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(1) Within the date set by the court for filing evidence, each claimant shall file with the court evidence to support the claimant's adjudication claims. The court is encouraged to set a date for filing evidence that is reasonable and fair for the timely processing of the adjudic…
RCW 90.03.640 Determination of water rights—Response to motions under RCW 90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules of procedure.
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(1) Upon the receipt of adjudication claims and the filing of claimants' evidence, the department shall conduct a preliminary investigation for the purpose of examining:(a) The uses of the subject waters by and any physical works in connection with the persons to whom the adjudic…
RCW 90.03.645 Water rights adjudication—Early settlement encouraged—Approval of settlement.
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(1) The legislature finds that early settlement of contested claims is needed for a fair and efficient adjudication of water rights. Therefore, the department and other parties should identify opportunities for settlement following the date set by the court for filing of claims. …
RCW 90.03.650 Water rights processing account.
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The water rights processing account is created in the state treasury. All receipts from the fees collected under RCW 90.03.655, 90.03.665, and 90.44.540 must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account m…
RCW 90.03.655 Expedited processing of applications—On department's own volition—Notice—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 90.03.660 Expedited processing of applications—Notice to tribal governments.
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The department must post notice on its website and provide additional electronic notice and opportunity for comment to affected federally recognized tribal governments concurrently when providing notice to applicants under RCW 90.03.265, 90.03.655, and 90.44.540.[ 2010 c 285 s 6.…
RCW 90.03.665 Certified water right examiners—Fees—Rules.
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(1) The department shall establish and maintain a list of certified water right examiners. Certified water right examiners on the list are eligible to perform final proof examinations of permitted water uses leading to the issuance of a water right certificate under RCW 90.03.330…
RCW 90.03.670 Processing of water right applications—Scope of chapter 285, Laws of 2010.
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Nothing in chapter 285, Laws of 2010 affects or diminishes the processing of water right applications under any other existing authority, including but not limited to existing authority for the priority processing of applications by the department.[ 2010 c 285 s 13.]Notes:Intent—…
RCW 90.03.675 Stormwater retention ponds—Mosquito abatement.
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(1) A county, city, town, water-sewer district, or flood control zone district constructing, improving, operating, or maintaining stormwater control facilities under chapter 35.67, 35.92, 36.89, 36.94, 57.08, or 86.15 RCW that include stormwater retention ponds, also known as wet…
RCW 90.03.680 Water commissioners—Appointment—Training.
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(1) In each county, the superior court may appoint one or more attorneys to act as water commissioners to assist the superior court in disposing of its business.(2) The appointments provided for in this section shall be made by a majority vote of the judges of the superior court …
RCW 90.03.683 Water commissioners—Authority in a water rights adjudication—Acts and proceedings subject to revision by superior court.
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The judges of the superior court of the county by majority vote may authorize water commissioners, appointed pursuant to RCW 90.03.680, to perform any and all of the following in a water rights adjudication:(1) Appoint guardians ad litem for claimants under RCW 90.03.150 as neces…
RCW 90.08.040 Stream patroller—Appointment—Powers.
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Where water rights of a stream have been adjudicated a stream patroller shall be appointed by the director of the department of ecology upon application of water users having adjudicated water rights in each particular water resource making a reasonable showing of the necessity t…
RCW 90.08.050 Stream patrollers—Compensation, travel expenses.
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Each stream patroller shall receive a wage per day for each day actually employed in the duties of his or her office, or if employed by the month, he or she shall receive a salary per month, which wage or salary shall be fixed in the manner provided by law for the fixing of the s…
RCW 90.08.060 Stream patrollers—Users to share in payment of compensation.
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The salary of the stream patroller shall be borne by the water users receiving the benefits and shall be paid to the county or counties in the following manner:The county or counties may assess each water user for his or her proportionate share of the total stream patroller expen…
RCW 90.08.070 Right of county to sue user for unpaid share of expenses.
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Upon failure of any water user to pay his or her proportionate share of the expense referred to in RCW 90.08.050 and 90.08.060, the county or counties shall be entitled to sue for and recover any such unpaid portion in any court of competent jurisdiction.[ 2013 c 23 s 604; 1977 c…
RCW 90.14.010 Purpose.
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The future growth and development of the state is dependent upon effective management and efficient use of the state's water resources. The purpose of this chapter is to provide adequate records for efficient administration of the state's waters, and to cause a return to the stat…
RCW 90.14.020 Legislative declaration.
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The legislature finds that:(1) Extensive uncertainty exists regarding the volume of private claims to water in the state;(2) Such uncertainty seriously retards the efficient utilization and administration of the state's water resources, and impedes the fullest beneficial use ther…
RCW 90.14.031 Definitions.
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Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings:(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or othe…
RCW 90.14.041 Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions.
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All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as provided in this section, RCW 90.14.043, and 90.14.068, shall file with the department of ecology not later than June 30, 1974, a state…
RCW 90.14.043 Claim of right to withdraw, divert, or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions—Adjudication filing in water resource inventory area 1.
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(1) Notwithstanding any time restrictions imposed by the provisions of this chapter, a person may file a claim pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided in this section.(2) A certification shall be issue…
RCW 90.14.044 Existing water rights not impaired.
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The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition for certification filed during the period beginning on July 28, 1985, and ending on midnight, September 1, 1985, shall not affect or impair in any respect whatsoever any water right existing prio…
RCW 90.14.051 Statement of claim—Contents—Short form.
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The statement of claim for each right shall include substantially the following:(1) The name and mailing address of the claimant.(2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available.(3) The quantities of wate…
RCW 90.14.061 Statement of claim—Filing procedure—Processing of claim—Fee.
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Filing of a statement of a claim shall take place and be completed upon receipt by the department of ecology, at its office in Olympia, of an original statement signed by the claimant or his or her authorized agent, and two copies thereof. Any person required to file hereunder ma…
RCW 90.14.065 Statement of claim—Amendment—Surface water right claim change or transfer—Review of department of ecology's determination.
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(1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry may submit to the department of ecology for filing an amendment to such a statement of claim if the submitted amendment is based on:(i) An…
RCW 90.14.068 Statement of claim—New filing period.
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(1) A new period for filing statements of claim for water rights is established. The filing period shall begin September 1, 1997, and shall end at midnight June 30, 1998. Each person or entity claiming under state law a right to withdraw or divert and beneficially use surface wat…