Title 90, Title 90 WATER RIGHTS—ENVIRONMENT
31 chapters · 660 sections in this title.
RCW 90.82.030 Principles.
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In order to have the best possible program for appropriating and administering water use in the state, the legislature establishes the following principles and criteria to carry out the purpose and intent of chapter 442, Laws of 1997.(1) All WRIA planning units established under …
RCW 90.82.040 WRIA planning units—Watershed planning grants—Eligibility criteria—Administrative costs.
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(1) Once a WRIA planning unit has been initiated under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and implementation. Funds shall be provided from and to th…
RCW 90.82.043 Implementation plan.
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(1) Within one year of accepting funding under RCW 90.82.040(2)(e), the planning unit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all subsequent years of the phas…
RCW 90.82.048 Implementation plan—Timelines and milestones.
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(1) The timelines and interim milestones in a detailed implementation plan required by RCW 90.82.043 must address the planned future use of existing water rights for municipal water supply purposes, as defined in RCW 90.03.015, that are inchoate, including how these rights will b…
RCW 90.82.050 Limitations on liability.
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(1) This chapter shall not be construed as creating a new cause of action against the state or any county, city, town, water supply utility, conservation district, or planning unit.(2) Notwithstanding RCW 4.92.090, 4.96.010, and 64.40.020, no claim for damages may be filed agains…
RCW 90.82.060 Initiation of watershed planning—Scope of planning—Technical assistance from state agencies.
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(1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage …
RCW 90.82.070 Water quantity component.
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Watershed planning under this chapter shall address water quantity in the management area by undertaking an assessment of water supply and use in the management area and developing strategies for future use.(1) The assessment shall include:(a) An estimate of the surface and groun…
RCW 90.82.080 Instream flow component—Rules—Report.
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(1)(a) If the initiating governments choose, by majority vote, to include an instream flow component, it shall be accomplished in the following manner:(i) If minimum instream flows have already been adopted by rule for a stream within the management area, unless the members of th…
RCW 90.82.085 Instream flows—Assessing and setting or amending.
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By October 1, 2001, the department of ecology shall complete a final nonproject environmental impact statement that evaluates streamflows to meet the alternative goals of maintaining, preserving, or enhancing instream resources and the technically defensible methodologies for det…
RCW 90.82.090 Water quality component.
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If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:(1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality…
RCW 90.82.100 Habitat component.
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If the initiating governments choose to include a habitat component, the watershed plan shall be coordinated or developed to protect or enhance fish habitat in the management area. Such planning must rely on existing laws, rules, or ordinances created for the purpose of protectin…
RCW 90.82.110 Identification of projects and activities.
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The planning unit shall review historical data such as fish runs, weather patterns, land use patterns, seasonal flows, and geographic characteristics of the management area, and also review the planning, projects, and activities that have already been completed regarding natural …
RCW 90.82.120 Plan parameters.
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(1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in …
RCW 90.82.130 Plan approval—Public notice and hearing—Revisions.
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(1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nong…
RCW 90.82.140 Use of monitoring recommendations in RCW 77.85.210.
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In conducting assessments and other studies that include monitoring components or recommendations, the department and planning units shall implement the monitoring recommendations developed under *RCW 77.85.210.[ 2001 c 298 s 2.]Notes:*Reviser's note: RCW 77.85.210 was repealed b…
RCW 90.84.005 Findings—Purpose—Intent.
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(1) The legislature finds that wetlands mitigation banks are an important tool for providing compensatory mitigation for unavoidable impacts to wetlands. The legislature further finds that the benefits of mitigation banks include: (a) Maintenance of the ecological functioning of …
RCW 90.84.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Banking instrument" means the documentation of agency and bank sponsor concurrence on the objectives and administration of the bank that describes in detail the physic…
RCW 90.84.020 Wetlands or wetlands banks—Authority for regulating.
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This chapter does not create any new authority for regulating wetlands or wetlands banks beyond what is specifically provided for in this chapter. No authority is granted to the department under this chapter to adopt rules or guidance that apply to wetland projects other than ban…
RCW 90.84.030 Rules—Submission of proposed rules to legislative committees.
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(1) Subject to the requirements of this chapter, the department, through a collaborative process, shall adopt rules for:(a) Certification, operation, and monitoring of wetlands mitigation banks. The rules shall include procedures to assure that:(i) Priority is given to banks prov…
RCW 90.84.040 Certification of banks—Approval of use of credits by state and local governments.
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(1) The department may certify only those banks that meet the requirements of this chapter. Certification shall be accomplished through a banking instrument. The local jurisdiction in which the bank is located shall be signatory to the banking instrument.(2) For a bank for which …
RCW 90.84.050 Approval of use of credits by the department—Requirements.
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Prior to authorizing use of credits from a bank as a means of mitigation under a permit issued or approved by the department, the department must assure that all appropriate and practicable steps have been undertaken to first avoid and then minimize adverse impacts to wetlands. I…
RCW 90.84.060 Interpretation of chapter and rules.
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The interpretation of this chapter and rules adopted under this chapter must be consistent with applicable federal guidance for the establishment, use, and operation of wetlands mitigation banks as it existed on June 11, 1998, or such subsequent date as may be provided by the dep…
RCW 90.84.070 Application to public and private mitigation banks.
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This chapter applies to public and private mitigation banks.[ 1998 c 248 s 8.]
RCW 90.86.010 Joint legislative committee on water supply during drought.
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The joint legislative committee on water supply during drought is created.[ 2005 c 60 s 1.]
RCW 90.86.020 Membership.
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The committee shall consist of four senators and four representatives who shall be selected biennially as follows:(1) The president of the senate shall appoint four members from the senate to serve on the committee, including the chair of the committee responsible for water resou…
RCW 90.86.030 Meetings—Requests for information—Reports from department of ecology—Recommendations to the legislature.
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(1) The joint legislative committee on water supply during drought shall convene from time to time at the call of the chair when an advisory is in effect under RCW 43.83B.405(1), when a drought emergency order under RCW 43.83B.405 is in effect, or when the chair determines, in co…
RCW 90.86.900 Effective date—2005 c 60.
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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 14, 2005].[ 2005 c 60 s 5.]
RCW 90.88.005 Findings—Intent.
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(1) The legislature finds that Hood Canal is a precious aquatic resource of our state. The legislature finds that Hood Canal is a rich source of recreation, fishing, aquaculture, and aesthetic enjoyment for the citizens of this state. The legislature also finds that Hood Canal ha…
RCW 90.88.010 Designation by the legislature—Zone one established.
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(1) Aquatic rehabilitation zones may be designated by the legislature for areas whose surrounding marine water bodies pose serious environmental or public health concerns.(2) Aquatic rehabilitation zone one is established. Aquatic rehabilitation zone one includes all watersheds t…
RCW 90.88.020 Hood Canal rehabilitation program—State lead agency—Local management board.
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(1) The development of a program for rehabilitation of Hood Canal is authorized in Jefferson, Kitsap, and Mason counties within the aquatic rehabilitation zone one.(2) The Puget Sound partnership, created in RCW 90.71.210, is designated as the state lead agency for the rehabilita…
RCW 90.88.030 Aquatic zone one—Roles of Hood Canal coordinating council and Puget Sound partnership—Participation of governments and nonprofit organizations—Project funding, priorities, and criteria—Reports.
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(1) The Hood Canal coordinating council shall serve as the local management board for aquatic rehabilitation zone one. The local management board shall coordinate local government efforts with respect to the program authorized according to RCW 90.88.020. In the Hood Canal area, t…
RCW 90.88.040 Forest practices—Nonapplicability of chapter.
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This chapter does not apply to forest practices regulated under chapter 76.09 RCW.[ 2005 c 478 s 3.]
RCW 90.88.050 Scope of chapter.
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This chapter does not alter, diminish, or expand the jurisdictional authorities in other statutes or affect the application of other statutory requirements or programs that do not specifically refer to aquatic rehabilitation zones.[ 2005 c 478 s 4.]
RCW 90.88.900 Effective date—2005 c 478.
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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 [May 16, 2005].[ 2005 c 478 s 6.]
RCW 90.88.901 Regulatory authority not conferred.
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Nothing in chapter 479, Laws of 2005 provides any regulatory authority to the Puget Sound partnership, created in RCW 90.71.210, or the Hood Canal coordinating council.[ 2007 c 341 s 53; 2005 c 479 s 5.]Notes:Effective date—2007 c 341: See RCW 90.71.907.
RCW 90.88.902 Activities subject to appropriations.
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The activities of the Puget Sound partnership, created in RCW 90.71.210, and the Hood Canal coordinating council required by chapter 479, Laws of 2005 are subject to the availability of amounts appropriated for this specific purpose.[ 2007 c 341 s 54; 2005 c 479 s 6.]Notes:Effect…
RCW 90.88.903 Effective date—2005 c 479.
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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 [May 16, 2005].[ 2005 c 479 s 8.]
RCW 90.90.005 Finding.
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(1) The legislature finds that a key priority of water resource management in the Columbia river basin is the development of new water supplies that includes storage and conservation in order to meet the economic and community development needs of people and the instream flow nee…
RCW 90.90.010 Columbia river basin water supply development account—Use for storage facilities and access to water supplies—Evaluation—Public comment—Use of net water savings—Water service contracts.
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(1) The Columbia river basin water supply development account is created in the state treasury. The account may receive direct appropriations from the legislature, receipts of any funds pursuant to RCW 90.90.020 and * 90.90.030, or funds from any other sources. The account is int…
RCW 90.90.020 Allocation and development of water supplies.
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(1)(a) Water supplies secured through the development of new storage facilities made possible with funding from the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, and the Columbia river basin water su…
RCW 90.90.040 Columbia river water supply inventory—Long-term water supply and demand forecast.
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(1) To support the development of new water supplies in the Columbia river and to protect instream flow, the department of ecology shall work with all interested parties, including interested county legislative authorities and watershed planning groups in the Columbia river basin…
RCW 90.90.050 Columbia river mainstem water resources information system.
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(1) In order to better understand current water use and instream flows in the Columbia river mainstem, the department of ecology shall establish and maintain a Columbia river mainstem water resources information system that provides the information necessary for effective mainste…
RCW 90.90.060 Additional releases of water from Lake Roosevelt.
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(1) In 2006, the legislature enacted chapter 6, Laws of 2006, an act relating to water resource management in the Columbia river basin. In its enactment, the legislature established that a key priority of water resource management in the Columbia river basin is the development of…
RCW 90.90.070 Columbia river water delivery account—Creation—Distribution.
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(1) The Columbia river water delivery account is created in the state treasury. Moneys in the account may be spent only after appropriation. The account consists of all moneys transferred or appropriated to the account by law. The legislature may appropriate moneys in the account…
RCW 90.90.080 Impacts of water release—Department of ecology's duties.
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(1) Because the potential impacts of water releases under agreements reached under this chapter on affected counties are unknown, the department of ecology shall, by November 15, 2009:(a) Conduct an assessment of the potential impacts, including recommendations for mitigation, an…
RCW 90.90.090 Columbia river basin taxable bond water supply development account—Water service contracts.
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(1) The Columbia river basin taxable bond water supply development account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to RCW 90.90.020 and * 90.90.030, or moneys directed to the account f…
RCW 90.90.100 Columbia river basin water supply revenue recovery account—Water service contracts.
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(1) The Columbia river basin water supply revenue recovery account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to RCW 90.90.020 and * 90.90.030, revenue from water service contracts descri…
RCW 90.90.110 Use of certain water made available through reoperation of Sullivan lake.
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Two-thirds of the water made available through reoperation of Sullivan lake funded from the Columbia river basin water supply development account created in RCW 90.90.010 must be used to supply or offset out-of-stream uses described in RCW 90.90.020(3) in Douglas, Ferry, Lincoln,…
RCW 90.90.120 Walla Walla water 2050 plan.
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(1) The Walla Walla water 2050 plan must be used as an integrated water resource strategy, through a coordinated effort between the states of Washington and Oregon, affected federally recognized tribes, affected federal, state, and local agencies, and agricultural, environmental,…
RCW 90.90.900 Effective date—2006 c 6.
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This act takes effect July 1, 2006.[ 2006 c 6 s 10.]