§ 90.42.100. Water banking
(1) The department is hereby authorized to use the trust water rights program in the Yakima river basin for water banking purposes.
(2) Water banking may be used for one or more of the following purposes:
(a) To authorize the use of trust water rights to mitigate for water resource impacts, future water supply needs, or any beneficial use under chapter 90.03, 90.44, or 90.54 RCW, consistent with any terms and conditions established by the transferor, except that return flows from water rights authorized in whole or in part for any purpose shall remain available as part of the Yakima basin's total water supply available and to satisfy existing rights for other downstream uses and users;
(b) To document transfers of water rights to and from the trust water rights program; and
(c) To provide a source of water rights the department can make available to third parties on a temporary or permanent basis for any beneficial use under chapter 90.03, 90.44, or 90.54 RCW.
(3) The department shall not use water banking to:
(a) Cause detriment or injury to existing rights;
(b) Issue temporary water rights or portions thereof for new potable uses requiring an adequate and reliable water supply under RCW 19.27.097;
(c) Administer federal project water rights, including federal storage rights; or
(d) Allow carryover of stored water from one water year to another water year.
(4) For purposes of this section and RCW 90.42.135, "total water supply available" shall be defined as provided in the 1945 consent decree between the United States and water users in the Yakima river basin, and consistent with later interpretation by state and federal courts.
[2003 c 144 § 2.]
Notes:
Effective date -- 2003 c 144: See note following RCW 90.42.005.
Sections: Previous 90.42.020 90.42.030 90.42.040 90.42.050 90.42.060 90.42.070 90.42.080 90.42.090 90.42.100 90.42.110 90.42.120 90.42.130 90.42.135 90.42.138 90.42.900 Next
Last modified: April 7, 2009