Revised Code of Washington - RCW Title 90 Water Rights -- Environment - Chapter 90.44 Regulation Of Public Groundwaters

90.44.020 Purpose of chapter
This chapter regulating and controlling groundwaters of the state of Washington shall be supplemental to chapter 90.03 RCW, which regulates the surface waters of the ...

90.44.030 Chapter not to affect surface water rights
The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be ...

90.44.035 Definitions
For purposes of this chapter: (1) "Department" means the department of ecology; (2) "Director" means the director of ecology; (3) "Groundwaters" means all waters that ...

90.44.040 Public groundwaters subject to appropriation
Subject to existing rights, all natural groundwaters of the state as defined in RCW 90.44.035, also all artificial groundwaters that have been abandoned or forfeited, ...

90.44.050 Permit to withdraw
After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal ...

90.44.052 Whitman county clustered residential developments pilot project -- Exemption from permit requirements -- Reports
(1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of ...

90.44.055 Applications for water right or amendment -- Consideration of water impoundment or other resource management technique
The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for ...

90.44.060 Laws governing withdrawal
Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, ...

90.44.062 Use of reclaimed water by wastewater treatment facility -- Permit requirements inapplicable
The permit requirements of RCW 90.44.060 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the ...

90.44.070 Limitations on granting permit
No permit shall be granted for the development or withdrawal of public groundwaters beyond the capacity of the underground bed or formation in the given ...

90.44.080 Certificate -- Showing required
Upon a showing to the department that construction has been completed in compliance with the terms of any permit issued under the provisions of this ...

90.44.090 Certificate of vested rights
Any person, firm or corporation claiming a vested right to withdraw public groundwaters of the state by virtue of prior beneficial use of such water ...

90.44.100 Amendment to permit or certificate -- Replacement or new additional wells -- Exemption for small irrigation impoundments
(1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the ...

90.44.105 Amendment to permit or certificate -- Consolidation of rights for exempt wells
Upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to ...

90.44.110 Waste of water prohibited -- Exceptions
No public groundwaters that have been withdrawn shall be wasted without economical beneficial use. The department shall require all wells producing waters which contaminate other ...

90.44.120 Penalty for waste or unauthorized use of water
The unauthorized use of groundwater to which another person is entitled, or the wilful or negligent waste of groundwater, or the failure, when required by ...

90.44.130 Priorities as between appropriators -- Department in charge of groundwater withdrawals -- Establishment and modification of groundwater areas and depth zones -- Declarations by claimant of artificially stored water
As between appropriators of public groundwater, the prior appropriator shall as against subsequent appropriators from the same groundwater body be entitled to the preferred use ...

90.44.180 Hearing to adjust supply to current needs
At any time the department may hold a hearing on its own motion, and shall hold a hearing upon petition of at least fifty or ...

90.44.200 Water supervisors -- Duties -- Compensation
The department, as in its judgment is deemed necessary and advisable, may appoint one or more groundwater supervisors for each designated groundwater area, sub-area, or ...

90.44.220 Proceedings to determine rights to water
In its discretion or upon the application of any party claiming right to the withdrawal and use of public groundwater, the department may file a ...

90.44.230 Effect of findings and judgment
In any determination of the right to withdrawal of groundwater under RCW 90.44.220, the department's findings and the court's findings and judgment shall determine the ...

90.44.250 Investigations -- Reports of appropriators
The department is hereby authorized to make such investigations as may be necessary to determine the location, extent, depth, volume, and flow of all groundwaters ...

90.44.400 Groundwater management areas -- Purpose -- Standards -- Identification -- Designation
(1) This legislation is enacted for the purpose of identifying groundwater management procedures that are consistent with both local needs and state water resource policies ...

90.44.410 Requirements for groundwater management programs -- Review of programs
(1) The groundwater area or sub-area management programs shall include: (a) A description of the specific groundwater area or sub-areas, or separate depth zones within ...

90.44.420 Groundwater management programs -- Consideration by department of ecology -- Public hearing -- Findings -- Adoption of regulations, ordinances, and programs
The department of ecology shall consider the groundwater area or sub-area management plan for adoption in accordance with this chapter and chapter 90.54 RCW. Upon ...

90.44.430 Groundwater management programs -- Guidance to local governments and certain departments
The department of ecology, the department of social and health services, and affected local governments shall be guided by the adopted program when reviewing and ...

90.44.440 Existing rights not affected
RCW 90.44.400 through 90.44.430 shall not affect any water rights existing as of May 21, 1985.[1985 c 453 § 5.] ...

90.44.445 Acreage expansion program -- Authorization -- Certification
In any acreage expansion program adopted by the department as an element of a groundwater management program, the authorization for a water right certificate holder ...

90.44.450 Metering or measuring groundwater withdrawals -- Reports
The department of ecology may require withdrawals of groundwater to be metered, or measured by other approved methods, as a condition for a new water ...

90.44.460 Reservoir permits
The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the ...

90.44.500 Civil penalties
See RCW 90.03.600. ...

90.44.510 Superseding water right permit or certificate--Water delivered from federal Columbia basin project
The department shall issue a superseding water right permit or certificate for a groundwater right where the source of water is an aquifer for which ...

90.44.520 Odessa groundwater subarea -- Involuntary nonuse of water rights -- Conditions -- Notice -- Report to the legislature
(1) In order to encourage more efficient use of water, where the source of water is an aquifer within the Odessa groundwater subarea as defined ...