Revised Code of Washington - RCW Title 90 Water Rights -- Environment - Chapter 90.03 Water Code

90.03.005 State water policy -- Cooperation with other agencies -- Reduction of wasteful practices
It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits ...

90.03.010 Appropriation of water rights -- Existing rights preserved
The power of the state to regulate and control the waters within the state shall be exercised as hereinafter in this chapter provided. Subject to ...

90.03.015 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Director" means ...

90.03.020 Units of water measurement
The legally recognized units of water measurement shall be as follows: For flowing water -- one cubic foot of water per second of time, and ...

90.03.030 Right to convey water along lake or stream -- Conveyance to intake structure in neighboring state
Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of ...

90.03.040 Eminent domain -- Use of water declared public use
The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire ...

90.03.050 Powers and duties of director of ecology through the division of water resources
See RCW 43.21A.064. ...

90.03.060 Water masters -- Appointment, compensation
(1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require ...

90.03.070 Water masters -- Duties -- Office space and equipment -- Clerical assistance
It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water ...

90.03.090 Water master's power of arrest
The water master shall have the power, within his or her district, to arrest any person in the act of violating any of the provisions ...

90.03.100 Prosecuting attorney, legal assistant
It shall be the duty of the prosecuting attorney of any county to appear for or on behalf of the department or any water master, ...

90.03.105 Petition by planning units for general adjudication
The legislature finds that the lack of certainty regarding water rights within a water resource basin may impede management and planning for water resources. The ...

90.03.110 Determination of water rights -- Petition -- Statement and plan
Upon the filing of a petition with the department by one or more persons claiming the right to divert any waters within the state or ...

90.03.120 Determination of water rights -- Order -- Summons -- Necessary parties
Upon the filing of the statement and map as provided in RCW 90.03.110 the judge of such superior court shall make an order directing summons ...

90.03.130 Determination of water rights -- Service of summons
Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions ...

90.03.140 Determination of water rights -- Statement by defendants
On or before the return day of such summons, each defendant shall file in the office of the clerk of said court a statement, and ...

90.03.150 Determination of water rights -- Guardian ad litem for defendant
Whenever any defendant in any proceeding instituted under this chapter is an infant, or an alleged incompetent or disabled person for whom the court has ...

90.03.160 Determination of water rights -- Referral to department
Upon the completion of the service of summons as hereinbefore provided, the superior court in which said proceeding is pending shall make an order referring ...

90.03.170 Determination of water rights -- Hearing -- Notice -- Prior rights preserved
Thereupon the department shall fix a time and place for such hearing and serve written notice thereof upon all persons who have appeared in said ...

90.03.180 Determination of water rights -- Statement by defendants -- Filing fee
At the time of filing the statement as provided in RCW 90.03.140, each defendant shall pay to the clerk of the superior court a fee ...

90.03.190 Determination of water rights -- Transcript of testimony -- Filing -- Notice of hearing
Upon the completion of the taking of testimony it shall be the duty of the department's designee to prepare and file with the clerk of ...

90.03.200 Determination of water rights -- Exceptions to report -- Decree -- Appellate review
Upon the filing of the evidence and the report of the department, any interested party may, on or before five days prior to the date ...

90.03.210 Determination of water rights -- Interim regulation of water -- Appeals
(1) During the pendency of such adjudication proceedings prior to judgment or upon review by an appellate court, the stream or other water involved shall ...

90.03.220 Determination of water rights -- Failure to appear -- Estoppel
Whenever proceedings shall be instituted for the determination of the rights to the use of water, any defendant who shall fail to appear in such ...

90.03.230 Determination of water rights -- Copy of decree to director
The clerk of the superior court, immediately upon the entry of any decree by the superior court, shall transmit a certified copy thereof to the ...

90.03.240 Determination of water rights -- Diversion certificate
Upon the final determination of the rights to the diversion of water it shall be the duty of the department to issue to each person ...

90.03.243 Determination of water rights -- State to bear its expenses, when
The expenses incurred by the state in a proceeding to determine rights to water initiated under RCW 90.03.110 or 90.44.220 or upon appeal of such ...

90.03.245 Determination of water rights -- Scope
Rights subject to determination proceedings conducted under RCW 90.03.110 through 90.03.240 and 90.44.220 include all rights to the use of water, including all diversionary and ...

90.03.247 Minimum flows and levels -- Departmental authority exclusive -- Other recommendations considered
Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which ...

90.03.250 Appropriation procedure -- Application for permit -- Temporary permit
Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an ...

90.03.252 Use of reclaimed water by wastewater treatment facility -- Permit requirements inapplicable
The permit requirements of RCW 90.03.250 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the ...

90.03.255 Applications for water right, transfer, or change -- Consideration of water impoundment or other resource management technique
The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for ...

90.03.260 Appropriation procedure -- Application -- Contents
(1) Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, ...

90.03.265 Appropriation procedure -- Cost-reimbursement agreement for expedited review of application
Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department, may initiate a cost-reimbursement agreement ...

90.03.270 Appropriation procedure -- Record of application
Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and ...

90.03.280 Appropriation procedure -- Notice
Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by ...

90.03.290 Appropriation procedure -- Department to investigate -- Preliminary permit -- Findings and action on application
(1) When an application complying with the provisions of this chapter and with the rules of the department has been filed, the same shall be ...

90.03.300 Appropriation procedure -- Diversion of water for out-of-state use -- Reciprocity
No permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such ...

90.03.310 Appropriation procedure -- Assignability of permit or application
Any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment shall be binding or valid unless ...

90.03.320 Appropriation procedure -- Construction work
Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the ...

90.03.330 Appropriation procedure -- Water right certificate
(1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be ...

90.03.340 Appropriation procedure -- Effective date of water right
The right acquired by appropriation shall relate back to the date of filing of the original application with the department.[1987 c 109 § 90; 1917 ...

90.03.345 Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates
The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under ...

90.03.350 Construction or modification of storage dam -- Plans and specifications -- Additional dam safety inspection requirements for metals mining and milling operations
Except as provided in RCW 43.21A.068, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ...

90.03.360 Controlling works and measuring devices -- Metering of diversions -- Impact on fish stock
(1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring ...

90.03.370 Reservoir permits -- Secondary permits -- Expedited processing -- Underground artificial storage and recovery project standards and rules -- Exemptions -- Report to the legislature
(1)(a) All applications for reservoir permits are subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to ...

90.03.380 Right to water attaches to land -- Transfer or change in point of diversion -- Transfer of rights from one district to another -- Priority of water rights applications -- Exemption for small irrigation impoundments
(1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to ...

90.03.383 Interties -- Findings -- Definitions -- Review and approval
(1) The legislature recognizes the value of interties for improving the reliability of public water systems, enhancing their management, and more efficiently utilizing the increasingly ...

90.03.386 Coordination of approval procedures for compliance and consistency with approved water system plan
(1) Within service areas established pursuant to chapter 43.20 or 70.116 RCW, the department of ecology and the department of health shall coordinate approval procedures ...

90.03.390 Temporary changes -- Emergency interties -- Rotation in use
RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use ...

90.03.395 Change of point of diversion to downstream intake structure -- Intent
The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits ...

90.03.397 Change of point of diversion to downstream intake structure -- Conditions for approval
The department may approve a change of the point of diversion prescribed in a permit to appropriate water for a beneficial use to a point ...

90.03.400 Crimes against water code -- Unauthorized use of water
(1)(a) The unauthorized use of water to which another person is entitled or the willful or negligent waste of water to the detriment of another, ...

90.03.410 Crimes against water code -- Interference with works -- Wrongful use of water -- Property destruction -- Penalty
(1) Any person or persons who shall wilfully interfere with, or injure or destroy any dam, dike, headgate, weir, canal or reservoir, flume or other ...

90.03.420 Crimes against water code -- Obstruction of right-of-way
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 ...

90.03.430 Partnership ditches -- Action for reimbursement for work done
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 ...

90.03.440 Partnership ditches -- Procedure for division of water between joint owners
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 ...

90.03.450 Partnership ditches -- Lien for labor performed
Upon the failure of any co-owner to pay his proportionate share of such expense as mentioned in RCW 90.03.430 within thirty days after receiving a ...

90.03.460 Inchoate rights not affected
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 ...

90.03.470 Schedule of fees
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 ...

90.03.471 Disposition of fees
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 ...

90.03.500 Storm water control facilities -- Imposition of rates and charges -- Legislative findings
The legislature finds that increasing the surface water or storm water accumulation on or flow over real property, beyond that which naturally occurs on the ...

90.03.510 Storm water control facilities -- Imposition of rates and charges -- Credit for other improvements
Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund storm water control facilities or improvements and ...

90.03.520 Storm water control facilities -- Imposition of rates and charges -- Definitions
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 ...

90.03.525 Storm water control facilities -- Imposition of rates and charges with respect to state highway rights-of-way -- Annual plan for expenditure of charges
(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 ...

90.03.540 Highway construction improvement projects -- Joint storm water treatment facilities
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 ...

90.03.550 Municipal water supply purposes -- Beneficial uses
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: ...

90.03.560 Municipal water supply purposes -- Identification
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 ...

90.03.570 Change or transfer of an unperfected surface water right for municipal water supply purposes
(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 ...

90.03.580 Failing public water system -- Conditions
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 ...

90.03.590 Municipal water suppliers -- Watershed agreement -- Pilot project
(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 ...

90.03.591 New watershed agreements prohibited after July 1, 2008
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 ...

90.03.600 Civil penalties
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 ...

90.03.605 Compliance -- Sequence of enforcement measures -- Location of compliance personnel
(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 ...