RCW 90.14.010
Purpose.
The future growth and development of the state is dependent upon effective management and efficient use of the state's water resources. The purpose of this chapter is to provide adequate records for efficient administration of the state's waters, and to cause a return to the state of any water rights which are no longer exercised by putting said waters to beneficial use.
[
1967 c 233 s 1
.]
RCW 90.14.020
Legislative declaration.
The legislature finds that:
(1) Extensive uncertainty exists regarding the volume of private claims to water in the state;
(2) Such uncertainty seriously retards the efficient utilization and administration of the state's water resources, and impedes the fullest beneficial use thereof;
(3) A strong beneficial use requirement as a condition precedent to the continued ownership of a right to withdraw or divert water is essential to the orderly development of the state;
(4) Enforcement of the state's beneficial use policy is required by the state's rapid growth;
(5) All rights to divert or withdraw water, except riparian rights which do not diminish the quantity of water remaining in the source such as boating, swimming, and other recreational and aesthetic uses must be subjected to the beneficial use requirement;
(6) The availability for appropriation of additional water as a result of the requirements of this chapter will accelerate growth, development, and diversification of the economy of the state;
(7) Water rights will gain sufficient certainty of ownership as a result of this chapter to become more freely transferable, thereby increasing the economic value of the uses to which they are put, and augmenting the alienability of titles to land.
[
1967 c 233 s 2
.]
RCW 90.14.031
Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031
through
90.14.121
shall have the following meanings:
(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agency, and the United States of America when claiming water rights established under the laws of the state of Washington.
(2) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power, and navigation.
[
1969 ex.s. c 284 s 12
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.041
Claim of right to withdraw, divert or use ground or surface waters
—
Filing statement of claim required
—
Exemptions.
All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as provided in this section, RCW 90.14.043, and
90.14.068, shall file with the department of ecology not later than June 30, 1974, a statement of claim for each water right asserted on a form provided by the department. Neither this section nor RCW 90.14.068
apply to any water rights which are based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors. Further, RCW 90.14.068
does not apply to the beneficial uses of water which are the subject of statements of claim in the water rights claims registry prior to September 1, 1997, or which are exempted from permit and application requirements by RCW 90.44.050
and neither this section nor RCW 90.14.068
requires that statements of claims for such uses be filed during the filing period established by RCW 90.14.068
.
[
1997 c 440 s 2
;
1988 c 127 s 73
;
1969 ex.s. c 284 s 13
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.043
Claim of right to withdraw, divert, or use ground or surface waters
—
Claim upon certification by board
—
Procedure
—
Cut-off date for accepting petitions
—
Adjudication filing in water resource inventory area 1.
(1) Notwithstanding any time restrictions imposed by the provisions of this chapter, a person may file a claim pursuant to RCW 90.14.041
if such person obtains a certification from the pollution control hearings board as provided in this section.
(2) A certification shall be issued by the pollution control hearings board if, upon petition to the board, it is shown to the satisfaction of the board that:
(a) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) in the case of surface water beginning not later than June 7, 1917, and in the case of groundwater beginning not later than June 7, 1945, or
(b) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) from the date of entry of a court decree confirming a water right and any failure to register a claim resulted from a reasonable misinterpretation of the requirements as they related to such court decreed rights.
(3) The board shall have jurisdiction to accept petitions for certification from any person through September 1, 1985, and not thereafter.
(4) A petition for certification shall include complete information on the claim pursuant to RCW 90.14.051
(1) through (8), and any such information as the board may require.
(5) The department of ecology is directed to accept for filing any claim certified by the board as provided in subsection (2) of this section. The department of ecology, upon request of the board, may provide assistance to the board pertinent to any certification petition.
(6) A certification by the pollution control hearings board or a filing with the department of ecology of a claim under this section shall not constitute a determination or confirmation that a water right exists.
(7) The provisions of RCW 90.14.071
shall have no applicability to certified claims filed pursuant to this section.
(8) This section shall have no applicability to groundwaters resulting from the operations of reclamation projects.
(9)(a) Notwithstanding any time restrictions imposed by the provisions of this chapter, for an adjudication filed in water resource inventory area 1 after June 1, 2023, filing an adjudication claim form as provided in RCW 90.03.140
satisfies the statement of claim filing requirements of RCW 90.14.041
.
(b)(i) Filing a claim under this subsection shall not affect or impair in any respect whatsoever any water right existing prior to July 27, 1997.
(ii) A water right embodied in a claim filed under this subsection is subordinate to:
(A) Any water right embodied in a permit or certificate issued under chapter
90.03
or
90.44
RCW prior to the date the claim is filed with the superior court;
(B) Any water right embodied in a statement of claim filed in the water rights claims registry before July 27, 1997; and
(C) Any water right whose basis is federal law.
[
2025 c 318 s 2
;
1985 c 435 s 1
;
1979 ex.s. c 216 s 4
.]
NOTES:
Findings
—
Intent
—
2025 c 318:
"The legislature finds that after completing the Yakima basin surface water rights adjudication, the department of ecology filed a new water rights adjudication for water resource inventory area 1 ("WRIA 1") applying to Whatcom and Skagit counties.
The legislature finds that water users are seeking to apply similar procedures and lessons learned from the Yakima basin water rights adjudication to the new WRIA 1 adjudication.
The legislature further finds that after the department of ecology filed the Yakima basin adjudication in 1977, the legislature passed chapter 216, Laws of 1979 ex. sess. (Engrossed Substitute Senate Bill No. 2794). This legislation ensured that water users who may have had precode water uses could participate in the adjudication court process.
The legislature intends to ensure that, like the Yakima basin adjudication, the WRIA 1 adjudication allows for the filing of adjudication claims for precode uses of groundwater and surface water." [
2025 c 318 s 1
.]
Effective date
—
Severability
—
1979 ex.s. c 216:
See notes following RCW 90.03.245
.
RCW 90.14.044
Existing water rights not impaired.
The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition for certification filed during the period beginning on July 28, 1985, and ending on midnight, September 1, 1985, shall not affect or impair in any respect whatsoever any water right existing prior to July 28, 1985.
[
1985 c 435 s 2
.]
RCW 90.14.051
Statement of claim
—
Contents
—
Short form.
The statement of claim for each right shall include substantially the following:
(1) The name and mailing address of the claimant.
(2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available.
(3) The quantities of water and times of use claimed.
(4) The legal description, with reasonable certainty, of the point or points of diversion and places of use of waters.
(5) The purpose of use, including, if for irrigation, the number of acres irrigated.
(6) The approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (3).
(7) The legal doctrine or doctrines upon which the right claimed is based, including if statutory, the specific statute.
(8) The sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.
Except, however, that any claim for diversion or withdrawal of surface or ground water for those uses described in the exemption from the permit requirements of RCW 90.44.050
may be filed on a short form to be provided by the department. Such short form shall only require inclusion of sufficient data to identify the claimant, source of water, purpose of use and legal description of the land upon which the water is used: PROVIDED, That the provisions of RCW 90.14.081
pertaining to evidentiary value of filed claims shall not apply to claims submitted in short form: AND PROVIDED FURTHER, That claimants for such minimal uses may, at their option, file statements of claim on the standard form used by all other claimants.
[
1973 1st ex.s. c 113 s 1
;
1969 ex.s. c 284 s 14
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.061
Statement of claim
—
Filing procedure
—
Processing of claim
—
Fee.
Filing of a statement of a claim shall take place and be completed upon receipt by the department of ecology, at its office in Olympia, of an original statement signed by the claimant or his or her authorized agent, and two copies thereof. Any person required to file hereunder may file through a designated representative. A company, district, public or municipal corporation, or the United States when furnishing to persons water pertaining to water rights required to be filed under RCW 90.14.041, shall have the right to file one claim on behalf of said persons on a form prepared by the department for the total benefits of each person served; provided that a separate claim shall be filed by such company, district, public or private corporation, or the United States for each operating unit of the filing entity providing such water and for each water source. Within thirty days after receipt of a statement of claim the department shall acknowledge the same by a notation on one copy indicating receipt thereof and the date of receipt, together with the wording of the first sentence of RCW 90.14.081, and shall return said copy by certified or registered mail to the claimant at the address set forth in the statement of claim. No statement of claim shall be accepted for filing by the department of ecology unless accompanied by a two dollar filing fee.
[
2013 c 23 s 605
;
1988 c 127 s 74
;
1969 ex.s. c 284 s 15
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.065
Statement of claim
—
Amendment
—
Surface water right claim change or transfer
—
Review of department of ecology's determination.
(1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry may submit to the department of ecology for filing an amendment to such a statement of claim if the submitted amendment is based on:
(i) An error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.051
if the applicant provides reasons for the failure to claim such right in the original claim;
(ii) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; or
(iii) The amendment is ministerial in nature.
(b) The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of (a)(i), (ii), or (iii) of this subsection have not been satisfied.
(2) In addition to subsection (1) of this section, a surface water right claim may be changed or transferred in the same manner as a permit or certificate under RCW 90.03.380, and a water right claim for groundwater may be changed or transferred as provided under RCW 90.03.380
and
90.44.100
.
(3) Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department. The provisions of RCW 90.14.081
shall apply to any amendment filed or approved under this section.
[
2010 c 285 s 8
;
1987 c 93 s 1
.]
NOTES:
Intent
—
2010 c 285:
See note following RCW 90.03.265
.
RCW 90.14.068
Statement of claim
—
New filing period.
(1) A new period for filing statements of claim for water rights is established. The filing period shall begin September 1, 1997, and shall end at midnight June 30, 1998. Each person or entity claiming under state law a right to withdraw or divert and beneficially use surface water under a right that was established before *the effective date of [the] water code established by chapter 117, Laws of 1917, and any person claiming under state law a right to withdraw and beneficially use groundwater under a right that was established before **the effective date of the groundwater code established by chapter 263, Laws of 1945, shall register the claim with the department during the filing period unless the claim has been filed in the state water rights claims registry before July 27, 1997. A person who claims such a right and fails to register the claim as required is conclusively deemed to have waived and relinquished any right, title, or interest in the right. A statement filed during this filing period shall be filed as provided in RCW 90.14.051
and
90.14.061
and shall be subject to the provisions of this chapter regarding statements of claim. This reopening of the period for filing statements of claim shall not affect or impair in any respect whatsoever any water right existing prior to July 27, 1997. A water right embodied in a statement of claim filed under this section is subordinate to any water right embodied in a permit or certificate issued under chapter
90.03
or
90.44
RCW prior to the date the statement of claim is filed with the department and is subordinate to any water right embodied in a statement of claim filed in the water rights claims registry before July 27, 1997.
(2) The department of ecology shall, at least once each week during the month of August 1997 and at least once each month during the filing period, publish a notice regarding this new filing period in newspapers of general circulation in the various regions of the state. The notice shall contain the substance of the following notice:
WATER RIGHTS NOTICE
Each person or entity claiming a right to withdraw or divert and beneficially use surface water under a right that was established before June 7, 1917, or claiming a right to withdraw and beneficially use groundwater under a right that was established before June 7, 1945, under the laws of the state of Washington must register the claim with the department of ecology, Olympia, Washington. The claim must be registered on or after September 1, 1997, and not later than five o'clock on June 30, 1998.
FAILURE TO REGISTER THE CLAIM WILL RESULT IN A WAIVER AND RELINQUISHMENT OF THE WATER RIGHT OR CLAIMED WATER RIGHT
Registering a claim is NOT required for:
1. A water right that is based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors;
2. A water right that is based on the exemption from permitting requirements provided by RCW 90.44.050
for certain very limited uses of groundwater; or
3. A water right that is based on a statement of claim that has previously been filed in the state's water rights claims registry during other registration periods.
For further information, for a copy of the law establishing this filing period, and for an explanation of the law and its requirements, contact the department of ecology, Olympia, Washington.
The department shall also prepare, make available to the public, and distribute to the communications media information describing the types of rights for which statements of claim need not be filed, the effect of filing, the effect of RCW 90.14.071, and other information relevant to filings and statements of claim.
(3) The department of ecology shall ensure that employees of the department are readily available to respond to inquiries regarding filing statements of claim and that all of the information the department has at its disposal that is relevant to an inquiry regarding a particular potential claim, including information regarding other rights and claims in the vicinity of the potentially claimed right, is available to the person making the inquiry. The department shall dedicate additional staff in each of the department's regional offices and in the department's central office to ensure that responses and information are provided in a timely manner during each of the business days during the month of August 1997 and during the new filing period.
(4) To assist the department in avoiding unnecessary duplication, the department shall provide to a requestor, within ten working days of receiving the request, the records of any water right claimed, listed, recorded, or otherwise existing in the records of the department or its predecessor agencies, including any report of a referee in a water rights adjudication. This information shall be provided as required by this subsection if the request is provided in writing from the owner of the water right or from the holder of a possessory interest in any real property for water right records associated with the property or if the requestor is an attorney for such an owner. The information regarding water rights in the area served by a regional office of the department shall also be provided within ten working days to any requestor who requests to review the information in person in the department's regional office. The information held by the headquarters office of the department shall also be provided within ten working days to any requestor who requests to review the information in person in the department's headquarters office. The requirements of this subsection that records and information be provided to requestors within ten working days may not be construed as limiting in any manner the obligations of the department to provide public access to public records as required by chapter
42.56
RCW.
(5) This section does not apply to claims for the use of groundwater withdrawn in an area that is, during the period established by subsection (2) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110
through
90.03.245
and the proceeding applies to groundwater rights. This section does not apply to claims for the use of surface water withdrawn in an area that is, during the period established by subsection (2) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.110
through
90.03.245
and the proceeding applies to surface water rights.
(6) This section does not apply to claims for the use of water in a groundwater area or subarea for which a management program adopted by the department by rule and in effect on July 27, 1997, establishes acreage expansion limitations for the use of groundwater.
[
2005 c 274 s 365
;
1997 c 440 s 1
.]
NOTES:
Reviser's note:
*(1) The effective date of chapter 117, Laws of 1917, is June 7, 1917.
**(2) The effective date of chapter 263, Laws of 1945, is June 7, 1945.
RCW 90.14.071
Failure to file claim waives and relinquishes right.
Except as provided in *section 5 of this act or as exempted from filing by RCW 90.14.041, any person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.041, who fails to file a statement of claim as provided in RCW 90.14.041, 90.14.043, or
90.14.068
and in RCW 90.14.051
and
90.14.061, shall be conclusively deemed to have waived and relinquished any right, title, or interest in said right.
[
1997 c 440 s 3
;
1969 ex.s. c 284 s 16
.]
NOTES:
*Reviser's note:
Section 5 of this act was vetoed by the governor.
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.081
Filing of claim not deemed adjudication of right
—
Prima facie evidence.
The filing of a statement of claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one or more water use claimants and another or others. A statement of claim filed pursuant to RCW 90.14.061
shall be admissible in a general adjudication of water rights as prima facie evidence of the times of use and the quantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accord with the times of use and quantity of water claimed in the statement of claim. A statement of claim shall not otherwise be evidence of the priority of the claimed water right.
[
1969 ex.s. c 284 s 17
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.091
Definitions
—
Water rights notice
—
Form.
For the purpose of RCW 90.14.031
through
90.14.121
the following words and phrases shall have the following meanings:
(1) "Statement of taxes due" means the statement required under RCW 84.56.050
.
(2) "Notice in writing" means a notice substantially in the following form:
WATER RIGHTS NOTICE
Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency and the state of Washington, and the United States of America, when claiming water rights established under the laws of the state of Washington, are hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state, except those water rights based upon authority of a permit or certificate issued by the department of ecology or one of its predecessors, must be registered with the department of ecology, Olympia, Washington not later than June 30, 1974. FAILURE TO REGISTER AS REQUIRED BY LAW WILL RESULT IN A WAIVER AND RELINQUISHMENT OF SAID WATER RIGHT OR CLAIMED WATER RIGHT. For further information contact the Department of Ecology, Olympia, Washington, for a copy of the act and an explanation thereof.
[
1988 c 127 s 75
;
1969 ex.s. c 284 s 18
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.101
Notice of chapter provisions
—
How given
—
Requirements.
To insure that all persons referred to in RCW 90.14.031
and
90.14.041
are notified of the registration provisions of this chapter, the department of ecology is directed to give notice of the registration provisions of this chapter as follows:
(1) It shall cause a notice in writing to be placed in a prominent and conspicuous place in all newspapers of the state having a circulation of more than fifty thousand copies for each weekday, and in at least one newspaper published in each county of the state, at least once each year for five consecutive years.
(2) It shall cause a notice substantially the same as a notice in writing to be broadcast by each commercial television station operating in the United States and viewed in the state, and by at least one commercial radio station operating from each county of the state having such a station regularly at six month intervals for five consecutive years.
(3) It shall cause a notice in writing to be placed in a prominent and conspicuous location in each county courthouse in the state.
(4) The county treasurer of each county shall enclose with each mailing of one or more statements of taxes due issued in 1972 a copy of a notice in writing and a declaration that it shall be the duty of the recipient of the statement of taxes due to forward the notice to the beneficial owner of the property. A sufficient number of copies of the notice and declaration shall be supplied to each county treasurer by the director of ecology before the fifteenth day of January, 1972. In the implementation of this subsection the department of ecology shall provide reimbursement to the county treasurer for the reasonable additional costs, if any there may be, incurred by said treasurer arising from the inclusion of a notice in writing as required herein.
(5) It shall provide copies of the notice in writing to the press services with offices located in Thurston county during January of the years 1970, 1971, 1972, 1973, and 1974.
The director of the department may also in his or her discretion give notice in any other manner which will carry out the purposes of this section. Where notice in writing is given pursuant to subsections (1) and (3) of this section, RCW 90.14.041, 90.14.051, and
90.14.071
shall be set forth and quoted in full.
[
2013 c 23 s 606
;
1988 c 127 s 76
;
1969 ex.s. c 284 s 19
.]
NOTES:
Reviser's note:
"this 1969 amendatory act" has been changed to "this chapter" in the first paragraph. "This 1969 amendatory act" [1969 ex.s. c 284] consists of RCW 90.48.290, former RCW 90.48.295, since repealed, RCW 90.22.010
through
90.22.040, 90.14.031
through
90.14.121, 43.27A.190
through
43.27A.220, 43.27A.075, and repeals RCW 43.21.145
and
90.14.030
through
90.14.120
.
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.111
Water rights claims registry.
The department of ecology is directed to establish a registry entitled the "Water Rights Claims Registry". All claims set forth pursuant to RCW 90.14.041, 90.14.051
and
90.14.061
shall be filed in the registry alphabetically and consecutively by control number, and by such other manner as deemed appropriate by the department.
[
1988 c 127 s 77
;
1969 ex.s. c 284 s 20
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.121
Penalty for overstating claim.
The filing of a statement of claim pursuant to RCW 90.14.061
which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed shall constitute a misdemeanor punishable by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or both.
[
1969 ex.s. c 284 s 21
.]
NOTES:
Severability
—
1969 ex.s. c 284:
See note following RCW 90.48.290
.
RCW 90.14.130
Reversion of rights to state due to nonuse
—
Notice by order
—
Relinquishment determinations
—
Appeal.
When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his or her water right or some portion thereof, and it appears that said right has or may have reverted to the state because of such nonuse, as provided by RCW 90.14.160, 90.14.170, or
90.14.180, the department of ecology shall notify such person by order: PROVIDED, That where a company, association, district, or the United States has filed a blanket claim under the provisions of *RCW 90.14.060
for the total benefits of those served by it, the notice shall be served on such company, association, district or the United States and not upon any of its individual water users who may not have used the water or some portion thereof which they were entitled to use. The order shall contain: (1) A description of the water right, including the approximate location of the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, and the apparent authority upon which the right is based; (2) a statement that unless sufficient cause be shown on appeal the water right will be declared relinquished; and (3) a statement that such order may be appealed to the pollution control hearings board. Any person aggrieved by such an order may appeal it to the pollution control hearings board pursuant to RCW 43.21B.310
. The order shall be served by registered or certified mail to the last known address of the person and be posted at the point of division or withdrawal. The order by itself shall not alter the recipient's right to use water, if any.
[
2013 c 23 s 607
;
1987 c 109 s 13
;
1967 c 233 s 13
.]
NOTES:
*Reviser's note:
RCW 90.14.060
was repealed by 1969 ex.s. c 284 s 23, which act added new sections relating to the registration of claims for water rights as codified in this chapter.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
Proceedings under this section deemed adjudicative
—
Application of RCW sections to specific proceedings: RCW 90.14.200
.
RCW 90.14.140
"Sufficient cause" for nonuse defined
—
Rights exempted.
(1) For the purposes of RCW 90.14.130
through
90.14.180, "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United States during military crisis;
(c) Nonvoluntary service in the armed forces of the United States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas;
(g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitation and temperature, that warranted the reduction in water use, so long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right;
(h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes;
(i) Water conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103-434;
(j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawal of water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientific community;
(k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be relinquished if the remaining portion of the water continues to be beneficially used; or
(l) Waiting for a final determination from the department of ecology on a change application filed under RCW 90.03.250, 90.03.380, or
90.44.100
.
(2) Notwithstanding any other provisions of RCW 90.14.130
through
90.14.180, there shall be no relinquishment of any water right:
(a) If such right is claimed for power development purposes under chapter
90.16
RCW and annual license fees are paid in accordance with chapter
90.16
RCW;
(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply;
(c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later;
(d) If such right is claimed for municipal water supply purposes under chapter
90.03
RCW;
(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.030
;
(f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390, or
90.44.100
;
(g) If such a right or portion of the right is authorized for a purpose that is satisfied by the use of agricultural industrial process water as authorized under RCW 90.46.150
; or
(h) If such right is a trust water right under chapter
90.38
or
90.42
RCW.
(3) In adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised.
[
2012 c 7 s 2
; (2012 c 7 s 1 expired June 30, 2019); (2009 c 183 s 14 expired June 30, 2021). Prior:
2001 c 240 s 1
;
2001 c 237 s 27
;
2001 c 69 s 5
;
1998 c 258 s 1
;
1987 c 125 s 1
;
1967 c 233 s 14
.]
NOTES:
Effective date
—
2012 c 7 s 2:
"Section 2 of this act takes effect June 30, 2019." [
2012 c 7 s 4
.]
Expiration date
—
2012 c 7 s 1:
"Section 1 of this act expires June 30, 2019." [
2012 c 7 s 3
.]
Expiration date
—
2019 c 78; 2009 c 183:
See note following RCW 90.03.380
.
Effective date
—
2001 c 240:
"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 11, 2001]." [
2001 c 240 s 2
.]
Finding
—
Intent
—
Severability
—
Effective date
—
2001 c 237:
See notes following RCW 90.82.040
.
Intent
—
2001 c 237:
See note following RCW 90.66.065
.
Effective date
—
1967 c 233:
See RCW 90.14.900
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.150
Rights arising from permit to withdraw public waters not affected
—
Extensions.
Nothing in this chapter shall be construed to affect any rights or privileges arising from any permit to withdraw public waters or any application for such permit, but the department of ecology shall grant extensions of time to the holder of a preliminary permit only as provided by RCW 90.03.290
.
[
1987 c 109 s 100
;
1967 c 233 s 15
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.160
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause
—
Prior rights acquired through appropriation, custom or general adjudication.
Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250
.
[
1981 c 291 s 1
;
1979 ex.s. c 216 s 5
;
1967 c 233 s 16
.]
NOTES:
Effective date
—
Severability
—
1979 ex.s. c 216:
See notes following RCW 90.03.245
.
Effective date
—
1967 c 233:
See RCW 90.14.900
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
Implementation and enforcement of chapter
—
Proceedings under RCW 90.14.130
deemed adjudicative
—
Application of RCW sections to specific proceedings: RCW 90.14.200
.
RCW 90.14.170
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause
—
Rights acquired due to ownership of land abutting stream, lake, or watercourse.
Any person entitled to divert or withdraw waters of the state by virtue of his or her ownership of land abutting a stream, lake, or watercourse, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw or divert said water for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with the provisions of RCW 90.03.250
.
[
2013 c 23 s 608
;
1967 c 233 s 17
.]
NOTES:
Effective date
—
1967 c 233:
See RCW 90.14.900
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
Availability for other uses qualified: RCW 90.14.160
.
Implementation and enforcement of chapter
—
Application of RCW sections to specific proceedings: RCW 90.14.200
.
RCW 90.14.180
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause
—
Future rights acquired through appropriation.
Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.44.080, or
90.44.090
who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of five successive years shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250
. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330
shall expressly incorporate this section by reference.
[
1987 c 109 s 101
;
1967 c 233 s 18
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
Availability for other uses qualified: RCW 90.14.160
.
Implementation and enforcement of chapter
—
Application of RCW sections to specific proceedings: RCW 90.14.200
.
RCW 90.14.190
Water resources decisions
—
Appeals
—
Attorneys' fees.
Any person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW 43.21B.310
. In any such review, the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of any waiver or relinquishment of a water right or portion thereof. If the hearings board affirms the decision of the department, a party seeks review in superior court of that hearings board decision pursuant to chapter
34.05
RCW, and the court determines that the party was injured by an arbitrary, capricious, or erroneous order of the department, the court may award reasonable attorneys' fees.
[
1987 c 109 s 14
;
1967 c 233 s 19
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.200
Implementation and enforcement of chapter
—
Proceedings under RCW 90.14.130
deemed adjudicative
—
Application of RCW sections to specific proceedings.
(1) All matters relating to the implementation and enforcement of this chapter by the department of ecology shall be carried out in accordance with chapter
34.05
RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter
34.05
RCW. Proceedings held pursuant to RCW 90.14.130
are adjudicative proceedings within the meaning of chapter
34.05
RCW. Final decisions of the department of ecology in these proceedings are subject to review in accordance with chapter
43.21B
RCW.
(2) RCW 90.14.130
provides nonexclusive procedures for determining a relinquishment of water rights under RCW 90.14.160, 90.14.170, and
90.14.180
. RCW 90.14.160, 90.14.170, and
90.14.180
may be applied in, among other proceedings, general adjudication proceedings initiated under RCW 90.03.110
or
90.44.220
: PROVIDED, That nothing herein shall apply to litigation involving determinations of the department of ecology under RCW 90.03.290
relating to the impairment of existing rights.
[
1989 c 175 s 180
;
1979 ex.s. c 216 s 6
;
1967 c 233 s 20
.]
NOTES:
Effective date
—
1989 c 175:
See note following RCW 34.05.010
.
Effective date
—
Severability
—
1979 ex.s. c 216:
See notes following RCW 90.03.245
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.210
Chapter applies to all rights to withdraw groundwaters.
The provisions of this chapter shall apply to all rights to withdraw groundwaters of the state, whether authorized by chapter
90.44
RCW or otherwise.
[
1967 c 233 s 21
.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.215
Chapter not applicable to trust water rights under chapter
90.38
or
90.42
RCW.
This chapter shall not apply to trust water rights held or exercised by the department of ecology under chapter
90.38
or
90.42
RCW.
[
1991 c 347 s 14
.]
NOTES:
Purposes
—
1991 c 347:
See note following RCW 90.42.005
.
RCW 90.14.220
No rights to be acquired by prescription or adverse use.
No rights to the use of surface or ground waters of the state affecting either appropriated or unappropriated waters thereof may be acquired by prescription or adverse use.
[
1967 c 233 s 22
.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.230
Rules and regulations.
The department of ecology is authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.
[
1987 c 109 s 102
;
1967 c 233 s 23
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.240
Water rights tracking system account.
The water rights tracking system account is created in the state treasury. Twenty percent of the fees collected by the department of ecology according to RCW 90.03.470
must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of ecology for the development, implementation, and management of a water rights tracking system, including a water rights mapping system and a water rights database.
[
2005 c 412 s 3
.]
NOTES:
Findings
—
Intent
—
2005 c 412:
See note following RCW 90.03.470
.
RCW 90.14.900
Effective date
—
1967 c 233.
The effective date of this act is July 1, 1967.
[
1967 c 233 s 25
.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040
.
RCW 90.14.910
Severability
—
1967 c 233.
If any provisions of this act or the application thereof to any person or circumstance is held invalid, the act can be given effect without the invalid provision or application; and to this end the provisions of this act are declared to be severable. This act shall be liberally construed to effectuate its purpose.
[
1967 c 233 s 26
.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040
.