reglab/housing_qa huggingface dataset:
WA Rev Code § 90.44.035 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.035 - Definitions.

RCW 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 exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural groundwater and artificially stored groundwater;(4) "Natural groundwater" means water that exists in underground storage owing wholly to natural processes;(5) "Artificially stored groundwater" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural processes; and(6) "Underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a groundwater subarea is established.[ 2000 c 98 § 2; 1987 c 109 § 107; 1973 c 94 § 2; 1945 c 263 § 3; RRS § 7400-3. Formerly RCW 90.44.010.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.Purpose—1973 c 94: "It is the purpose of this 1973 amendatory act to state as well as reaffirm the intent of the legislature that "groundwaters," as defined in chapter 263, Laws of 1945, means all waters within the state existing beneath the land surface, and to remove any possible ambiguity which may exist as a result of the dissenting opinion in State v. Ponten, 77 Wn.2d 463 (1969), or otherwise, with regard to the meaning of "groundwaters" in the present wording of RCW 90.44.035. The definition set forth in section 2 of this 1973 amendatory act accords with the interpretation given by all of the various administrative agencies having responsibility for administration of the act since its enactment in 1945." [ 1973 c 94 § 1.] This applies to the amendment to RCW 90.44.035 by 1973 c 94 § 2.
WA Rev Code § 90.44.040 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.040 - Public groundwaters subject to appropriation.

RCW 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, are hereby declared to be public groundwaters and to belong to the public and to be subject to appropriation for beneficial use under the terms of this chapter and not otherwise.[ 1945 c 263 § 4; Rem. Supp. 1945 § 7400-4.]
WA Rev Code § 90.44.050 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.050 - Permit to withdraw.

RCW 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 be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public groundwaters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of groundwaters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.[ 2003 c 307 § 1; 1987 c 109 § 108; 1947 c 122 § 1; 1945 c 263 § 5; Rem. Supp. 1947 § 7400-5.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.052 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.052 - Whitman county clustered residential developments pilot project—Exemption from permit requirements.

RCW 90.44.052 Whitman county clustered residential developments pilot project—Exemption from permit requirements.(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 this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources in the county and maintain information regarding the pilot project on its website.(2) For the pilot project, the domestic use of water for a clustered residential development is exempt from the permit requirements of RCW 90.44.050 for an amount of water that is not more than one thousand two hundred gallons a day per residence for a residential development that has an overall density equal to or less than one residence per ten acres and a minimum of six homes.(3) No new right to use water may be established for a clustered development under this section where the first residential use of water for the development begins after December 31, 2015.[ 2014 c 76 § 10; 2003 c 307 § 2.]
WA Rev Code § 90.44.055 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.055 - Applications for water right or amendment—Consideration of water impoundment or other resource management technique.

RCW 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 any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of groundwater that may occur, as a means of making water available or otherwise offsetting the impact of the withdrawal of groundwater proposed in the application for the water right or amendment in the same water resource inventory area. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not be made by the department as a condition for approving an application that does not include such provision.This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.[ 1997 c 360 § 3; 1996 c 306 § 2.]NOTES:Findings—Purpose—1997 c 360: See note following RCW 90.03.255.
WA Rev Code § 90.44.060 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.060 - Laws governing withdrawal.

RCW 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, the provisions of which sections are hereby extended to govern and to apply to groundwater, or groundwater right certificates and to all permits that shall be issued pursuant to such applications, and the rights to the withdrawal of groundwater acquired thereby shall be governed by RCW 90.03.250 through 90.03.340, inclusive: PROVIDED, That each application to withdraw public groundwater by means of a well or wells shall set forth the following additional information: (1) the name and post office address of the applicant; (2) the name and post office address of the owner of the land on which such well or wells or works will be located; (3) the location of the proposed well or wells or other works for the proposed withdrawal; (4) the groundwater area, sub-area, or zone from which withdrawal is proposed, provided the department has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5) the amount of water proposed to be withdrawn, in gallons a minute and in acre feet a year, or millions of gallons a year; (6) the depth and type of construction proposed for the well or wells or other works: AND PROVIDED FURTHER, That any permit issued pursuant to an application for constructing a well or wells to withdraw public groundwater may specify an approved type and manner of construction for the purposes of preventing waste of said public waters and of conserving their head.[ 1987 c 109 § 109; 1945 c 263 § 6; Rem. Supp. 1945 § 7400-6.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.062 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.062 - Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.

RCW 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 provisions of RCW 90.46.120 and do not apply to the use of agricultural industrial process water as provided under RCW 90.46.150.[ 2001 c 69 § 7; 1997 c 444 § 3.]NOTES:Severability—1997 c 444: See note following RCW 90.46.010.
WA Rev Code § 90.44.070 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.070 - Limitations on granting permit.

RCW 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 basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, or within a reasonable or feasible reduction of pressure in the case of artesian developments. The department shall have the power to determine whether the granting of any such permit will injure or damage any vested or existing right or rights under prior permits and may in addition to the records of the department, require further evidence, proof, and testimony before granting or denying any such permits.[ 1987 c 109 § 110; 1945 c 263 § 7; Rem. Supp. 1945 § 7400-7.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.080 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.080 - Certificate—Showing required.

RCW 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 chapter, it shall be the duty of the department to issue to the permittee a certificate of groundwater right stating that the appropriation has been perfected under such permit: PROVIDED, HOWEVER, That such showing shall include the following information: (1) the location of each well or other means of withdrawal constructed under the permit, both with respect to official land surveys and in terms of distance and direction to any preexisting well or wells or works constructed under an earlier permit or approved declaration of a vested right, provided the distance to such preexisting well or works is not more than a quarter of a mile; (2) the depth and diameter of each well or the depth and general specifications of any other works constructed under the terms of the permit; (3) the thickness in feet and the physical character of each bed, stratum, or formation penetrated by each well; (4) the length and position, in feet below the land surface, and the commercial specifications of all casing, also of each screen or perforated zone in the casing of each well constructed; (5) the tested capacity of each well in gallons a minute, as determined by measuring the discharge of the pump or pumps after continuous operation for at least four hours or, in the case of a flowing well, by measuring the natural flow at the land surface; (6) for each nonflowing well, the depth to the static groundwater level as measured in feet below the land surface immediately before the well-capacity test herein provided, also the draw-down of the water level, in feet, at the end of said well-capacity test; (7) for each flowing well, the shut-in pressure measured in feet above the land surface or in pounds per square inch at the land surface; and (8) such additional factual information as reasonably may be required by the department to establish compliance with the terms of the permit and with the provisions of this chapter.The well driller or other constructor of works for the withdrawal of public groundwaters shall be obligated to furnish the permittee a certified record of the factual information necessary to show compliance with the provisions of this section.[ 1987 c 109 § 111; 1945 c 263 § 8; Rem. Supp. 1945 § 7400-8.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.110 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.110 - Waste of water prohibited—Exceptions.

RCW 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 waters to be plugged or capped. The department shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use under the terms of their respective permits or approved declarations of vested rights. Likewise, the department shall also require both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of public groundwaters through leaky casings, pipes, fittings, valves, or pumps—either above or below the land surface: PROVIDED, HOWEVER, That the withdrawal of reasonable quantities of public groundwater in connection with the construction, development, testing, or repair of a well shall not be construed as waste; also, that the inadvertent loss of such water owing to breakage of a pump, valve, pipe, or fitting shall not be construed as waste if reasonable diligence is shown by the permittee in effecting the necessary repair.In the issuance of an original permit, or of an amendment to an original permit or certificate of vested right to withdraw and appropriate public groundwaters under the provisions of this chapter, the department may, as in his or her judgment is necessary, specify for the proposed well or wells or other works a manner of construction adequate to accomplish the provisions of this section.[ 2013 c 23 § 611; 1987 c 109 § 114; 1949 c 63 § 1; 1945 c 263 § 11; Rem. Supp. 1949 § 7400-11.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.120 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.120 - Penalty for waste or unauthorized use of water.

RCW 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 the department, to cap flowing wells or equip the same with valves, fittings, or casings to prevent waste of groundwaters, or to cap or plug wells producing waters which contaminate other waters, shall be a misdemeanor.[ 1987 c 109 § 115; 1949 c 63 § 2; 1947 c 122 § 3; Rem. Supp. 1949 § 7400-11A.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.180 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.180 - Hearing to adjust supply to current needs.

RCW 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 one-fourth, whichever is the lesser number, of the holders of valid rights to withdraw public groundwaters from any designated groundwater area, sub-area, or zone, to determine whether the water supply in such area, sub-area, or zone is adequate for the current needs of all such holders. Notice of any such hearing, and the findings and order resulting therefrom shall be published in the manner prescribed in RCW 90.44.130 with respect to the designation or modification of a groundwater area, or sub-area, or zone.If such hearing finds that the total available supply is inadequate for the current needs of all holders of valid rights to withdraw public groundwaters from the particular groundwater area, sub-area, or zone, the department shall order the aggregate withdrawal from such area, sub-area, or zone decreased so that it shall not exceed such available supply. Such decrease shall conform to the priority of the pertinent valid rights and shall prevail for the term of shortage in the available supply. Except that by mutual agreement among the respective holders and with the department, the ordered decrease in aggregate withdrawal may be accomplished by the waiving of all or some specified part of a senior right or rights in favor of a junior right or rights: PROVIDED, That such waiving of a right or rights by agreement shall not modify the relative priorities of such right or rights as recorded in the department.[ 1987 c 109 § 117; 1945 c 263 § 13; Rem. Supp. 1945 § 7400-13.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.44.200 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.200 - Water supervisors—Duties—Compensation.

RCW 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 zone, or may appoint one or more groundwater supervisors-at-large. Within their respective jurisdictions and under the direction of the department, such supervisor and supervisors-at-large shall supervise the withdrawal of public groundwaters and the carrying out of orders issued by the department under the provisions of this chapter.The duties, compensation, and authority of such supervisors or supervisors-at-large shall be those prescribed for water masters under the terms of RCW 90.03.060 and 90.03.070.[ 1987 c 109 § 118; 1945 c 263 § 15; Rem. Supp. 1945 § 7400-15.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.Water master's power of arrest: RCW 90.03.090.
WA Rev Code § 90.44.220 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.220 - Petition to conduct an adjudication to determine rights to water.

RCW 90.44.220 Petition to conduct an adjudication to determine rights to water.Upon the filing of a petition with the department by a planning unit or by one or more persons claiming a right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall file a petition to conduct an adjudication with the superior court of the county for the determination of the rights of appropriators of any particular groundwater body and all the provisions of RCW 90.03.110 through 90.03.240 and 90.03.620 through 90.03.645, shall govern and apply to the adjudication and determination of such groundwater body and to the ownership thereof. Hereafter, in any proceedings for the adjudication and determination of water rights—either rights to the use of surface water or to the use of groundwater, or both—pursuant to chapter 90.03 RCW, all appropriators of groundwater or of surface water in the particular basin or area may be included as parties to such adjudication, as set forth in chapter 90.03 RCW.[ 2009 c 332 § 17; 1987 c 109 § 119; 1945 c 263 § 17; Rem. Supp. 1945 § 7400-17.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.Additional powers and duties enumerated—Payment from reclamation account: RCW 89.16.055.Application of RCW sections to specific proceedings: RCW 90.14.200.Determination of water rightsscope: RCW 90.03.245.state to bear its expenses incurred in and on appeal: RCW 90.03.243.
WA Rev Code § 90.44.230 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.44 - Regulation of Public Groundwaters.|90.44.230 - Effect of findings and judgment.

RCW 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 priority of right and the quantity of water to which each appropriator who is a party to the proceedings shall be entitled, shall determine the level below which the groundwater body shall not be drawn down by appropriators, or shall reserve jurisdiction for the determination of a safe sustaining water yield as necessary from time to time to preserve the rights of the several appropriators and to prevent depletion of the groundwater body.[ 1987 c 109 § 120; 1945 c 263 § 18; Rem. Supp. 1945 § 7400-18.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.