Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.64.017 Registration of dairy producers—Information required—Information to producers regarding chapter.
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(1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the…
RCW 90.64.020 Concentrated dairy animal feeding operation—Designation—Permit.
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(1) The director of the department of ecology may designate any dairy animal feeding operation as a concentrated dairy animal feeding operation upon determining that it is a significant contributor of pollution to the surface or ground waters of the state. In making this designat…
RCW 90.64.023 Inspection program.
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(1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:(a) Survey for evidence of violations;(b) Identify corrective actions for actual or imminent discharges that violate or could violate …
RCW 90.64.026 Dairy nutrient management plans—Elements—Approval—Timelines—Certification.
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(1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardle…
RCW 90.64.028 Appeals from denial of plan approval or certification—Dairy producer-requested hearings—Extension of timelines.
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(1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, an…
RCW 90.64.030 Investigation of dairy farms—Report of findings—Corrective action—Violations of water quality laws—Waivers—Penalties.
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(1) Under the inspection program established in RCW 90.64.023, the department may investigate a dairy farm to determine whether the operation is discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investi…
RCW 90.64.040 Appeal from actions and orders of the department.
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Enforcement actions and administrative orders issued by the department of ecology may be appealed to the pollution control hearings board in accordance with the provisions of chapter 43.21B RCW.[ 1993 c 221 s 5.]
RCW 90.64.050 Duties of department—Annual report to commission.
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(1) The department has the following duties:(a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023;(b) Inspect a dairy farm upon the request of a dairy producer;(c) Receive, process, a…
RCW 90.64.070 Duties of conservation district.
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(1) The conservation district has the following duties:(a) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023;(b) Immediately ref…
RCW 90.64.080 Duties of conservation commission.
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(1) The conservation commission has the following duties:(a) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy nutrient management program implementation;(b) Provide coordination for c…
RCW 90.64.100 Parties' liability.
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A party acting under this chapter is not liable for another party's actions under this chapter.[ 1993 c 221 s 11.]
RCW 90.64.102 Recordkeeping violations—Civil penalty.
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(1) Except as provided in chapter 43.05 RCW, the department of agriculture may impose a civil penalty on a dairy producer in an amount of not more than five thousand dollars for failure to comply with recordkeeping requirements in RCW 90.64.010(17)(c). The aggregate amount of the…
RCW 90.64.110 Rules.
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The department may adopt rules as necessary to implement this chapter.[ 1993 c 221 s 12.]
RCW 90.64.120 Department's authority under federal law or chapter 90.48 RCW not affected.
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(1) Nothing in this chapter shall affect the department of ecology's authority or responsibility to administer or enforce the national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulatio…
RCW 90.64.130 Database.
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(1) By October 1, 1998, the department, in consultation with the *advisory and oversight committee, shall develop and maintain a database to account for the implementation of this chapter.(2) The database shall track registrations; inspection dates and results, including findings…
RCW 90.64.150 Livestock nutrient management account.
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The livestock nutrient management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only to provide grants for …
RCW 90.64.170 Livestock nutrient management program—Review of statutory authority—Recommendations for statutory changes—Prerequisite to administering federal program.
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(1) The legislature finds that a livestock nutrient management program is essential to protecting the quality of the waters of the state and ensuring a healthy and productive livestock industry.(2) The departments of agriculture and ecology shall examine their current statutory a…
RCW 90.64.180 Protocol for monitoring waters near dairies and CAFOs.
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(1) The department of ecology shall develop and maintain a standard protocol for water quality monitoring of the waters of the state within the vicinity of dairies and CAFOs. The protocol shall include sampling methods and procedures and identify the water quality constituents to…
RCW 90.64.190 Information subject to public records disclosure—Rules.
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This section applies to dairies, AFOs, and CAFOs, not required to apply for a permit. Information in plans, records, and reports obtained by state and local agencies from livestock producers under chapter 510, Laws of 2005 regarding (1) number of animals; (2) volume of livestock …
RCW 90.64.200 Inspecting and investigating conditions relating to the pollution of waters of the state—Access denied—Application for search warrant.
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The director of agriculture may enter at all reasonable times in or upon dairy farms for the purpose of inspecting and investigating conditions relating to the pollution of any waters of the state.If the director of agriculture or the director's duly appointed agent is denied acc…
RCW 90.64.800 Reports to the legislature.
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The department, in conjunction with the conservation commission and *advisory and oversight committee, shall report to the legislature by December 1st of each year until 2003, on progress made in implementing chapter 262, Laws of 1998. At a minimum, the reports shall include data…
RCW 90.64.900 Effective date—1998 c 262.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998].[ 1998 c 262 s 22.]
RCW 90.64.901 Transfer of powers, duties, and functions to the department of agriculture.
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(1) All powers, duties, and functions of the department of ecology pertaining to chapter 90.64 RCW are transferred to the department of agriculture. All references to the director of ecology or the department of ecology in the Revised Code of Washington shall be construed to mean…
RCW 90.66.010 Short title.
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This chapter shall be known and may be cited as the "Family Farm Water Act".[ 1979 c 3 s 1 (Initiative Measure No. 59, approved November 8, 1977).]
RCW 90.66.020 Prior existing rights to withdraw and use public waters not affected.
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Nothing in this chapter shall affect any right to withdraw and use public waters if such rights were in effect prior to *the effective date of the act, and nothing herein shall modify the priority of any such existing right.[ 1979 c 3 s 2 (Initiative Measure No. 59, approved Nove…
RCW 90.66.030 Public policy enunciated—Maximum benefit from use of public waters—Irrigation.
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The people of the state of Washington recognize that it is in the public interest to conserve and use wisely the public surface and ground waters of the state in a manner that will assure the maximum benefit to the greatest possible number of its citizens. The maximum benefit to …
RCW 90.66.040 Definitions.
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For the purposes of this chapter, the following definitions shall be applicable:(1) "Family farm" means a geographic area including not more than six thousand acres of irrigated agricultural lands, whether contiguous or noncontiguous, the controlling interest in which is held by …
RCW 90.66.050 Classes of permits for withdrawal of public waters for irrigation purposes—Conditions—Requirements.
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After *the effective date of this act, all permits issued for the withdrawal of public waters for the purpose of irrigating agricultural lands shall be classified as follows and issued with the conditions set forth in this chapter:(1) "Family farm permits". Such permits shall lim…
RCW 90.66.060 Withdrawal of water under family farm permit—Conditioned upon complying with definition of family farm—Suspension of permit, procedures, time.
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(1) Except as provided in subsections (2) and (3) of this section, the right to withdraw water for use for the irrigation of agricultural lands under authority of a family farm permit shall have no time limit and shall be conditioned upon the land being irrigated complying with t…
RCW 90.66.065 Transfers or change in purpose of family farm permits.
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(1) Transfers of water rights established as family farm permits under this chapter may be approved as authorized under this section and under RCW 90.03.380, 90.03.390, or 90.44.100 or chapter 90.80 RCW as appropriate.(2) A family farm permit may be transferred:(a) For use for ag…
RCW 90.66.070 Transfer of property entitled to water under permit—Rights—Requirements.
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(1) At any time that the holder of a family farm development permit or a publicly owned land permit shall transfer the controlling interest of all or any portion of the land entitled to water under such permit to a person who can qualify to receive water for irrigation of such la…
RCW 90.66.080 Rules and regulations—Decisions, review.
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The department is hereby empowered to promulgate such rules as may be necessary to carry out the provisions of this chapter. Decisions of the department, other than rule making, shall be subject to review in accordance with chapter 43.21B RCW.[ 1979 c 3 s 8 (Initiative Measure No…
RCW 90.66.900 Liberal construction—Initiative Measure No. 59.
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This chapter is exempted from the rule of strict construction and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.[ 1979 c 3 s 9 (Initiative Measure No. 59, approved November 8, 1977).]
RCW 90.71.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Action agenda" means the comprehensive schedule of projects, programs, and other activities designed to achieve a healthy Puget Sound ecosystem that is authorized and…
RCW 90.71.060 Puget Sound assessment and monitoring program.
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In addition to other powers and duties specified in this chapter, the panel, with the approval of the council, shall guide the implementation and coordination of a Puget Sound assessment and monitoring program.[ 2007 c 341 s 22; 1996 c 138 s 7.]
RCW 90.71.110 Puget Sound scientific research account.
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The Puget Sound scientific research account is created in the state treasury. All gifts, grants, federal moneys, or appropriations made to the account must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account ma…
RCW 90.71.200 Findings—Intent.
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(1) The legislature finds that:(a) Puget Sound, including Hood Canal, and the waters that flow to it are a national treasure and a unique resource. Residents enjoy a way of life centered around these waters that depends upon clean and healthy marine and freshwater resources.(b) P…
RCW 90.71.210 Puget Sound partnership—Created.
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An agency of state government, to be known as the Puget Sound partnership, is created to oversee the restoration of the environmental health of Puget Sound by 2020. The agency shall consist of a leadership council, an executive director, an ecosystem coordination board, and a Pug…
RCW 90.71.220 Leadership council—Membership.
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(1) The partnership shall be led by a leadership council composed of seven members appointed by the governor, with the advice and consent of the senate. The governor shall appoint members who are publicly respected and influential, are interested in the environmental and economic…
RCW 90.71.230 Leadership council—Powers and duties.
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(1) The leadership council shall have the power and duty to:(a) Provide leadership and have responsibility for the functions of the partnership, including adopting, revising, and guiding the implementation of the action agenda, allocating funds for Puget Sound recovery, providing…
RCW 90.71.240 Executive director—Appointment—Authority.
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(1) The partnership shall be administered by an executive director who serves as a communication link between all levels of government, the private sector, tribes, nongovernmental organizations, the council, the board, and the panel. The executive director shall be accountable to…
RCW 90.71.250 Ecosystem coordination board—Membership—Duties.
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(1) The council shall convene the ecosystem coordination board not later than October 1, 2007.(2) The board shall consist of the following:(a) One representative from the geographic area of each of the action areas specified in RCW 90.71.260, appointed by the council. The council…
RCW 90.71.260 Development of the action agenda—Integration of watershed programs and ecosystem-level plans.
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(1) The partnership shall develop the action agenda in part upon the foundation of existing watershed programs that address or contribute to the health of Puget Sound. To ensure full consideration of these watershed programs in a timely manner to meet the required date for adopti…
RCW 90.71.270 Science panel—Creation—Membership.
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(1) The council shall appoint a nine-member Puget Sound science panel to provide independent, nonrepresentational scientific advice to the council and expertise in identifying environmental indicators and benchmarks for incorporation into the action agenda.(2) In establishing the…
RCW 90.71.280 Science panel—Duties.
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(1) The panel shall:(a) Assist the council, board, and executive director in carrying out the obligations of the partnership, including preparing and updating the action agenda;(b) As provided in RCW 90.71.290, assist the partnership in developing an ecosystem level strategic sci…
RCW 90.71.290 Science panel—Strategic science program—Puget Sound science update—Quadrennial science work plan.
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(1) The strategic science program shall be developed by the panel with assistance and staff support provided by the executive director. The science program may include:(a) Continuation of the Puget Sound assessment and monitoring program, as provided in RCW 90.71.060, as well as …
RCW 90.71.300 Action agenda—Goals and objectives.
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(1) The action agenda shall consist of the goals and objectives in this section, implementation strategies to meet measurable outcomes, benchmarks, and identification of responsible entities. By 2020, the action agenda shall strive to achieve the following goals:(a) A healthy hum…
RCW 90.71.310 Action agenda—Development—Elements revision and updates.
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(1) The council shall develop a science-based action agenda that leads to the recovery of Puget Sound by 2020 and achievement of the goals and objectives established in RCW 90.71.300. The action agenda shall:(a) Address all geographic areas of Puget Sound including upland areas a…
RCW 90.71.320 Action agenda—Biennial budget requests.
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(1) State agencies responsible for implementing elements of the action agenda shall:(a) Provide to the partnership by June 1st of each even-numbered year their estimates of the actions and the budget resources needed for the forthcoming biennium to implement their portion of the …
RCW 90.71.330 Funding from partnership—Accountability.
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(1) Any funding made available directly to the partnership from the Puget Sound recovery account created in RCW 90.71.400 and used by the partnership for loans, grants, or funding transfers to other entities shall be prioritized according to the action agenda developed pursuant t…