Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.71.340 Fiscal accountability—Fiscal incentives and disincentives for implementation of the action agenda.
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(1) The legislature intends that fiscal incentives and disincentives be used as accountability measures designed to achieve consistency with the action agenda by:(a) Ensuring that projects and activities in conflict with the action agenda are not funded;(b) Aligning environmental…
RCW 90.71.350 Accountability for achieving and implementing action agenda—Noncompliance.
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(1) The council is accountable for achieving the action agenda. The legislature intends that all governmental entities within Puget Sound will exercise their existing authorities to implement the applicable provisions of the action agenda.(2) The partnership shall involve the pub…
RCW 90.71.360 Limitations on authority.
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(1) The partnership shall not have regulatory authority nor authority to transfer the responsibility for, or implementation of, any state regulatory program, unless otherwise specifically authorized by the legislature.(2) The action agenda may not create a legally enforceable dut…
RCW 90.71.370 Report to the governor and legislature—State of the Sound report—Review of programs.
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(1) By December 1, 2008, and by September 1st of each even-numbered year beginning in 2010, the council must provide to the governor and the appropriate fiscal committees of the senate and house of representatives its recommendations for the funding necessary to implement the act…
RCW 90.71.380 Assessment of basin-wide restoration progress.
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By December 1, 2010, and subject to available funding, the Washington academy of sciences shall conduct an assessment of basin-wide restoration progress. The assessment shall include, but not be limited to, a determination of the extent to which implementation of the action agend…
RCW 90.71.390 Performance audits of the partnership.
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(1) The joint legislative audit and review committee shall conduct two performance audits of the partnership, with the first audit to be completed by December 1, 2011, and the second to be completed by December 1, 2016.(2) The audit shall include but not be limited to:(a) A deter…
RCW 90.71.400 Puget Sound recovery account.
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The Puget Sound recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Federal grants, gifts, or other financial assistance received by the Puget Sound partnership and other state …
RCW 90.71.410 Lake Whatcom phosphorus loading demonstration program.
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(1) The partnership shall assist the city of Bellingham and Whatcom county to implement a demonstration program regarding phosphorus loading into Lake Whatcom. The partnership shall assist the city and county to secure funding from federal and nongovernmental sources and work to …
RCW 90.71.420 Report to the legislature.
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Nothing in this chapter may be construed to relieve the partnership of the need to provide a written report to the legislature each biennium pursuant to RCW 90.71.370(3), which must also include references to ongoing science-related activities and monitoring efforts that inform t…
RCW 90.71.430 Environmental justice obligations of the Puget Sound partnership.
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The partnership must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.[ 2021 c 314 s 10.]Notes:Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
RCW 90.71.904 Transfer of powers, duties, and functions—References to chair of the Puget Sound action team.
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(1) The Puget Sound action team is hereby abolished and its powers, duties, and functions are hereby transferred to the Puget Sound partnership as consistent with this chapter. All references to the chair or the Puget Sound action team in the Revised Code of Washington shall be c…
RCW 90.71.907 Effective date—2007 c 341.
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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 July 1, 2007.[ 2007 c 341 s 70.]
RCW 90.72.020 Shellfish tidelands.
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For purposes of this chapter, "shellfish tidelands" means all saltwater tidelands on which shellfish are grown or harvested for human consumption.[ 1985 c 417 s 2.]
RCW 90.72.030 Shellfish protection districts—Establishment—Governing body—Programs.
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The legislative authority of each county having shellfish tidelands within its boundaries is authorized to establish a shellfish protection district to include areas in which nonpoint pollution threatens the water quality upon which the continuation or restoration of shellfish fa…
RCW 90.72.040 Shellfish protection districts—Creation—Boundaries—Cooperation with governmental entities—Abolition—Referendum to repeal creation—Certain fees not permitted.
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(1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting. The boundaries of the district shall be determined by t…
RCW 90.72.045 Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report.
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The county legislative authority shall create a shellfish protection district and establish a shellfish protection program developed under RCW 90.72.030 or an equivalent program to address the causes or suspected causes of pollution within one hundred eighty days after the depart…
RCW 90.72.060 Decisions addressing conflicting uses—Integration of the state environmental policy act and county ordinances and resolutions with programs.
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Whenever a governmental entity makes a decision which addresses a matter in which there is a conflict between (1) on the one hand, a proposed development, proposed change in land use controls, or proposed change in the provision of utility services; and (2) on the other hand, the…
RCW 90.72.065 Plans to control pollution effects of animal waste—Contracts with conservation districts.
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Within available funding and as specified in the shellfish protection program, counties creating shellfish protection districts shall contract with conservation districts to draft plans with landowners to control pollution effects of animal waste.[ 1992 c 100 s 5.]Notes:Findings—…
RCW 90.72.070 Program financing—Activities not subject to fees, rates, or charges—Collection of charges or rates.
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The county legislative authority establishing a shellfish protection district may finance the protection program through (1) county tax revenues, (2) reasonable inspection fees and similar fees for services provided, (3) reasonable charges or rates specified in its protection pro…
RCW 90.72.080 State water quality financial assistance—Priority to counties with shellfish protection districts.
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Counties that have formed shellfish protection districts shall receive high priority for state water quality financial assistance to implement shellfish protection programs, including grants and loans provided under *RCW 43.83.350 , chapters **70.146 and 90.50A RCW.[ 2015 1st sp.…
RCW 90.72.900 Certain authority of counties not affected by chapter.
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This chapter shall not be considered as diminishing or affecting the authority of a county to adopt and enforce programs or controls, within all or a portion of the county, to deal with nonpoint pollution.[ 1985 c 417 s 8.]
RCW 90.74.005 Findings—Intent.
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(1) The legislature finds that:(a) The state lacks a clear policy relating to the mitigation of wetlands and aquatic habitat for infrastructure development;(b) Regulatory agencies have generally required project proponents to use compensatory mitigation only at the site of the pr…
RCW 90.74.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Compensatory mitigation" means the restoration, creation, enhancement, or preservation of uplands, wetlands, or other aquatic resources for the purposes of compensatin…
RCW 90.74.020 Mitigation plans.
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(1) Project proponents may use a mitigation plan to propose compensatory mitigation within a watershed. A mitigation plan shall:(a) Contain provisions that guarantee the long-term viability of the created, restored, enhanced, or preserved habitat, including assurances for protect…
RCW 90.74.030 Regulatory decisions, guidance—Multiple requests for review of mitigation plans.
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(1) In making regulatory decisions relating to wetland or aquatic resource mitigation, the departments of ecology and fish and wildlife shall, at the request of the project proponent, follow the guidance of this chapter.(2) If the department of ecology or the department of fish a…
RCW 90.74.040 Developing new programs/using existing programs to mitigate for environmental impacts—Departments authorized to seek funds.
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(1)(a) To the degree that resources are deemed available by the affected departments, the department of ecology and the department of fish and wildlife shall allow, when appropriate, programs that are related to environmental mitigation, or explore the potential of developing new…
RCW 90.80.005 Findings.
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The legislature finds:(1) Voluntary water right transfers can reallocate water use in a manner that will result in more efficient use of water resources;(2) Voluntary water right transfers can help alleviate water shortages, save capital outlays, reduce development costs, and pro…
RCW 90.80.010 Definitions.
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The following definitions apply throughout this chapter, unless the context clearly requires otherwise.(1) "Alternate" means an individual: (a) Who is appointed by the county legislative authority or authorities under RCW 90.80.050(3); (b) who is trained under the requirements of…
RCW 90.80.020 Water conservancy boards—Creation.
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(1) The county legislative authority of a county may create a water conservancy board, subject to approval by the director, for the purpose of expediting voluntary water transfers within the county.(2) A water conservancy board may be initiated by: (a) A resolution of the county …
RCW 90.80.030 Petition for board creation—Required information—Approval or denial—Description of training requirements.
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(1) The county legislative authority shall forward a copy of the resolution or petition calling for the creation of the board, a copy of the resolution approving the creation of the board, and a summary of the public testimony presented at the public hearing to the director follo…
RCW 90.80.035 Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation.
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(1) If a county is the only county having lands comprising a water resource inventory area as defined in chapter 173-500 WAC, the county may elect to establish a water conservancy board for the water resource inventory area, rather than for the entire county.(2) Counties having l…
RCW 90.80.040 Rules—Minimum training requirements and continuing education.
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The director of the department may, as deemed necessary by the director, adopt rules in accordance with chapter 34.05 RCW necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners. Training courses for commissio…
RCW 90.80.050 Corporate powers—Board composition—Members' terms, expenses—Alternates—Eligibility to be appointed.
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(1) A water conservancy board constitutes a public body corporate and politic and a separate unit of local government in the state. Each board shall consist of three commissioners appointed by the county legislative authority or authorities as applicable for six-year terms. The c…
RCW 90.80.055 Additional board powers.
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(1) Except as provided in subsection (2) of this section, a board shall operate on a countywide basis or on an area-wide basis in the case of a board with jurisdiction in more than one county or water resource inventory area, and have the following powers, in addition to any othe…
RCW 90.80.057 Quorum.
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For purposes of carrying out the official business of a board, a quorum consists of the physical presence of two of the three members of a three-member board or three of the five members of a five-member board. A board may operate with one or two vacant positions as long as it me…
RCW 90.80.060 Board powers—Funding.
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(1) A water conservancy board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees and fix their compensation, employ cont…
RCW 90.80.065 Dissolution of board.
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A water conservancy board may be formally dissolved by the county or jointly by the counties as applicable in which it operates by adoption of a resolution of the county legislative authority or authorities. Notice of the dissolution must be provided to the director. The departme…
RCW 90.80.070 Applications for water transfers—Notice—Record of decision—Review—Alternate serving as commissioner.
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(1) A person proposing a transfer of a water right may elect to file an application with a water conservancy board, if a board has been established for the geographic area where the water is or would be diverted, withdrawn, or used. If the person has already filed an application …
RCW 90.80.080 Records of decision—Transmittal to department and others—Internet posting—Review.
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(1) The board must provide a copy of its record of decision to the applicant. The board shall submit its record of decision on the transfer application to the department for review. The board shall also submit its report of examination to the department summarizing factual findin…
RCW 90.80.090 Appeals from director's decisions.
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The decision of the director to approve or deny an action to create a board, or to approve, deny, or modify a water right transfer either by action or inaction is appealable in the same manner as other water right decisions made pursuant to chapters 90.03 and 90.44 RCW.[ 2001 c 2…
RCW 90.80.100 Damages arising from records of decisions on transfers—Immunity.
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Neither the county or counties, the department, a conservancy board, or its employees, nor individual conservancy board commissioners shall be subject to any cause of action or claim for damages arising out of records of decisions on transfers made by a board under this chapter.[…
RCW 90.80.110 Approval of interties.
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Nothing in this chapter eliminates or lessens the requirements necessary for the approval of interties.[ 1997 c 441 s 15.]
RCW 90.80.120 Conflicts of interest.
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(1) A commissioner of a water conservancy board shall not engage in any act which is in conflict with the proper discharge of the official duties of a commissioner. A commissioner is deemed to have a conflict of interest if he or she:(a) Has an ownership interest in a water right…
RCW 90.80.130 Application of open public meetings act.
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Water conservancy board activities are subject to the open public meetings act, chapter 42.30 RCW and to *chapter 42.32 RCW. This includes announcing meetings in advance.[ 2001 c 237 s 17; 1997 c 441 s 17.]Notes:*Reviser's note: The only section in chapter 42.32 RCW, RCW 42.32.03…
RCW 90.80.135 Application of public records act.
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(1) A board is subject to the requirements of chapter 42.56 RCW. Each board must establish and maintain records of its proceedings and determinations. While in the possession of the board, all such records must be made available for inspection and copies must be provided to the p…
RCW 90.80.140 Transfers approved under chapter 90.03 or 90.44 RCW not affected.
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Nothing in this chapter affects transfers that may be otherwise approved under chapter 90.03 or 90.44 RCW.[ 2001 c 237 s 20; 1997 c 441 s 18.]Notes:Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.Intent—2001 c 237: See note following RCW 9…
RCW 90.80.150 Information required to be maintained on the department's website.
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The department shall maintain information on its website concerning the boards formed or sought to be formed under the authority of this chapter, the transfer applications reviewed and other activities conducted by the boards, and the funding of such boards. Conservancy boards mu…
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…