Signed by Senators Honeyford, Morton and Swecker. Signed by Senators Honeyford, McDonald and Zarelli. As amended since its adoption in 1917, the Water Code governs the creation and regulation of private rights to divert and use surface waters according to the requirements of the common law doctrine of prior appropriation. Recognizing the legitimacy of water rights established before 1917, the code established a state permit process administered by the Department of Ecology as the only means of acquiring water rights. A water right under a permit remains inchoate until it is put to actual beneficial use, when it becomes certificated.
Every water right is appurtenant to specific land.
Change or transfer of the place of use, point of diversion, or purpose of use must be approved. The Shoreline Management Act requires local governments to adopt shoreline master programs to regulate development in shoreline areas. Local governments must amend the shoreline master program within 24 months of Department of Ecology adoption of revised guidelines. The Department of Ecology must give priority to processing applications for transfers and changes in water rights. Applications for changes and transfers of water rights may be processed independent of the order for processing application for new withdrawals within the same basin or within other basins.