reglab/housing_qa huggingface dataset:
WA Rev Code § 90.38.010 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.010 - Definitions.

RCW 90.38.010 Definitions.The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of ecology.(2) "Integrated plan" means the Yakima river basin integrated water resource management plan developed through a consensus-based approach by a diverse work group of representatives of the Yakama Nation, federal, state, county, and city governments, environmental organizations, and irrigation districts, which is to be implemented consistent with congressional Yakima river basin water enhancement project enactments and for which the final programmatic environmental impact statement was made available for review through public notice published in the federal register (77 FR 12076 (2012)).(3) "Net water savings" means the amount of water that through hydrological analysis is determined to be conserved and usable for other purposes without impairing existing water rights, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other water users.(4) "Trust water right" means that portion of an existing water right, constituting net water savings, that is no longer required to be diverted for beneficial use due to the installation of a water conservation project that improves an existing system. The term "trust water right" also applies to any other water right acquired by the department under this chapter for management in the Yakima river basin trust water rights program.(5) "Water conservation project" means any project funded to further the purposes of this chapter and that achieves physical or operational improvements of efficiency in existing systems for diversion, conveyance, or application of water under existing water rights.(6) "Water supply facility permit and funding milestone" means a date prior to June 30, 2025, when required permits have been approved, and funding has been secured to begin construction on one or more water supply facilities designed to provide at least two hundred fourteen thousand acre feet of water to be used for instream and out-of-stream uses.(7) "Yakima river basin water enhancement project" means a series of congressional enactments, originally initiated by the United States congress in 1979 under P.L. 96-162, with subsequent federal implementing legislation being passed in 1984 under section 109 of P.L. 98-381 to promote fish passage improvements, and in 1994 under P.L. 103-434, as amended by P.L. 105-62 in 1997 and P.L. 106-372 in 2000, to promote water conservation, water supply, habitat, and stream enhancement improvements in the Yakima river basin.[ 2013 2nd sp.s. c 11 § 2; 1989 c 429 § 2.]
WA Rev Code § 90.38.030 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.030 - Water conservation projects—Contracts for financial assistance.

RCW 90.38.030 Water conservation projects—Contracts for financial assistance.(1) For the purposes of this chapter, the department is authorized to enter into contracts with water users for the purpose of providing moneys to users to assist in the financing of water conservation projects. In exchange for the financial assistance provided for the purposes of this chapter, the water users shall convey the trust water rights, created as a result of the assistance, to the department of ecology.(2) No contract shall be entered into by the department with a water user under this chapter unless it appears to the department that, upon the completion of a water conservation project financed with moneys as provided in this section, a valid water right exists for conveyance to the department.(3) The department shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds.(4) When water is proposed to be acquired by or conveyed to the department as a trust water right by an irrigation district, evidence of the district's authority to represent the water right holders must be submitted to, and for the satisfaction of, the department.(5) The department shall not acquire an individual's water right under this chapter that is appurtenant to land lying within an irrigation district without the approval of the board of directors of the irrigation district.[ 1989 c 429 § 4.]
WA Rev Code § 90.38.040 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.040 - Trust water rights program.

RCW 90.38.040 Trust water rights program.(1) All trust water rights acquired by the department shall be placed in the Yakima river basin trust water rights program to be managed by the department. The department shall issue a water right certificate in the name of the state of Washington for each trust water right it acquires.(2) Trust water rights shall retain the same priority date as the water right from which they originated. Trust water rights may be modified as to purpose or place of use or point of diversion, including modification from a diversionary use to a nondiversionary instream use.(3) Trust water rights may be held by the department for instream flows, irrigation use, or other beneficial use. Trust water rights may be acquired on a temporary or permanent basis. To the extent practicable and subject to legislative appropriation, trust water rights acquired in an area with an approved watershed plan developed under chapter 90.82 RCW shall be consistent with that plan if the plan calls for such acquisition.(4) A schedule of the amount of net water saved as a result of water conservation projects carried out in accordance with this chapter, shall be developed annually to reflect the predicted hydrologic and water supply conditions, as well as anticipated water demands, for the upcoming irrigation season. This schedule shall serve as the basis for the distribution and management of trust water rights each year.(5)(a) No exercise of a trust water right may be authorized unless the department first determines that no existing water rights, junior or senior in priority, will be impaired as to their exercise or injured in any manner whatever by such authorization.(b) Before any trust water right is exercised, the department shall publish notice thereof in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in such other newspapers as the department determines are necessary, once a week for two consecutive weeks. At the same time the department may also send notice thereof containing pertinent information to the director of fish and wildlife.(c) Subsections (4) and (5)(b) of this section do not apply to a trust water right resulting from a donation for instream flows described in RCW 90.38.020(1)(b) or from the lease of a water right under RCW 90.38.020(6) if the period of the lease does not exceed five years. However, the department shall provide the notice described in (b) of this subsection the first time the trust water right resulting from the donation is exercised.(6) RCW 90.03.380 and 90.14.140 through 90.14.910 shall have no applicability to trust water rights held by the department under this chapter or exercised under this section.[ 2001 c 237 § 29; 1994 c 264 § 90; 1989 c 429 § 5.]NOTES: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.
WA Rev Code § 90.38.050 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.050 - Rules.

RCW 90.38.050 Rules.The department may adopt rules as appropriate to ensure full implementation of this chapter.[ 1989 c 429 § 6.]
WA Rev Code § 90.38.100 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.100 - Report to the legislature and governor.

RCW 90.38.100 Report to the legislature and governor. (Expires December 31, 2045.)(1) By December 1, 2015, and by December 1st of every odd-numbered year thereafter, and in compliance with RCW 43.01.036, the department, in consultation with the United States bureau of reclamation, the Yakama Nation, Yakima river basin local governments, and key basin stakeholders, shall provide a Yakima river basin integrated water resource management plan implementation status report to the legislature and to the governor that includes: A description of measures that have been funded and implemented in the Yakima river basin and their effectiveness in meeting the objectives of chapter 11, Laws of 2013 2nd sp. sess., a project funding list that represents the state's percentage cost share to implement the integrated plan measures for the current biennium and cost estimates for subsequent biennia, a description of progress toward concurrent realization of the integrated plan's fish passage, watershed enhancement, and water supply goals, and an annual summary of all associated costs to develop and implement projects within the framework of the integrated water resource management plan for the Yakima river basin.(2) The status report required in this section for December 1, 2021, must include a statement of progress in achieving the water supply facility permit and funding milestone, as defined in RCW 90.38.010. If, after a good faith effort to achieve the water supply facility permit and funding milestone, it appears that the milestone cannot or may not be met, the department, in consultation with the United States bureau of reclamation, the Yakama Nation, Yakima river basin local governments, and key basin stakeholders, shall provide a detailed description of the impediments to achieving the milestone, describe the strategy for resolving the identified impediments, and, if necessary, recommend modifications to the milestone.(3) This section expires December 31, 2045.[ 2013 2nd sp.s. c 11 § 9.]
WA Rev Code § 90.38.110 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.110 - Construction of a water supply project—Prior review by the state of Washington water research center.

RCW 90.38.110 Construction of a water supply project—Prior review by the state of Washington water research center. (Expires July 1, 2025.)(1) Prior to the appropriation of funding for the construction of a water supply project proposed in the integrated plan with a cost of greater than one hundred million dollars, the state of Washington water research center shall review, evaluate, and prepare comments on the cost-benefit analysis prepared for the project by the department and the United States bureau of reclamation.(2) To the greatest extent possible, the center must use information from existing studies, supplemented by primary research, to measure and evaluate each project's benefits and costs.(3) The center must measure and report the economic benefits of each project subject to subsection (1) of this section, so that it is clear the extent to which an individual project is expected to result in increases in fish populations, increases in the reliability of irrigation water during severe drought years, and improvements in municipal and domestic water supply.(4) The center may enter into agreements with other state universities and with private consultants as needed to accomplish the scope of work.(5) The center may consult, as necessary, with the department of ecology and the Yakima river basin water enhancement project work group.(6) No more than twelve percent of any appropriations provided for the implementation of this section may be retained for administrative overhead expenses.(7) This section expires July 1, 2025.[ 2013 2nd sp.s. c 11 § 10.]
WA Rev Code § 90.38.900 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.900 - Existing policies not replaced.

RCW 90.38.900 Existing policies not replaced.The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B RCW, RCW 43.83.340 or chapter 90.90 RCW may be used within or without the Yakima river basin.[ 2015 1st sp.s. c 4 § 54; 2013 2nd sp.s. c 11 § 7; 1989 c 429 § 7.]
WA Rev Code § 90.38.901 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.901 - Transfer of rights between irrigation districts not intended.

RCW 90.38.901 Transfer of rights between irrigation districts not intended.It is not the intent of this chapter to facilitate the transfer of water rights from one irrigation district to another.[ 1989 c 429 § 8.]
WA Rev Code § 90.38.902 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.38 - Yakima River Basin Water Rights.|90.38.902 - Existing rights not impaired.

RCW 90.38.902 Existing rights not impaired.(1) Nothing in this chapter shall authorize the impairment of, or operate to impair, any existing water rights.(2) Nothing in this chapter may be construed to limit, impair, waive, abrogate, or diminish:(a) Any treaty or other rights of the Yakama Nation;(b) Any powers, rights, or authorities conferred upon irrigation districts under existing law;(c) Any rights or jurisdictions of the United States, the state of Washington, or other person or entity over waters in the Yakima river basin.[ 2013 2nd sp.s. c 11 § 8; 1989 c 429 § 9.]
WA Rev Code § 90.40.010 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.010 - Eminent domain by the United States.

RCW 90.40.010 Eminent domain by the United States.The United States is hereby granted the right to exercise the power of eminent domain to acquire the right to the use of any water, to acquire or extinguish any rights, and to acquire any lands or other property, for the construction, operation, repairs to, maintenance or control of any plant or system of works for the storage, conveyance, or use of water for irrigation purposes, and whether such water, rights, lands or other property so to be acquired belong to any private party, association, corporation or to the state of Washington, or any municipality thereof; and such power of eminent domain shall be exercised under and by the same procedure as now is or may be hereafter provided by the law of this state for the exercise of the right of eminent domain by ordinary railroad corporations, except that the United States may exercise such right in the proper court of the United States as well as the proper state court.[ 1905 c 88 § 1; RRS § 7408.]NOTES:Condemnation by corporations: Chapter 8.20 RCW.Eminent domain, railroads—Corporate powers and duties: RCW 81.36.010.Special railroad eminent domain proceedings: RCW 8.20.140, 28B.20.330, 81.36.020, 81.36.060, 81.53.180.
WA Rev Code § 90.40.020 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.020 - Right to use water courses.

RCW 90.40.020 Right to use water courses.The United States shall have the right to turn into any natural or artificial water course, any water that it may have acquired the right to store, divert, or store and divert, and may again divert and reclaim said waters from said water course for irrigation purposes subject to existing rights.[ 1905 c 88 § 2; RRS § 7409.]
WA Rev Code § 90.40.040 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.040 - Appropriation of water—Title to beds and shores.

RCW 90.40.040 Appropriation of water—Title to beds and shores.Whenever said secretary of the interior or other duly authorized officer of the United States shall cause to be let a contract for the construction of any irrigation works or any works for the storage of water for use in irrigation, or any portion or section thereof, for which the withdrawal has been effected as provided in RCW 90.40.030, any authorized officer of the United States, either in the name of the United States or in such name as may be determined by the secretary of the interior, may appropriate, in behalf of the United States, so much of the unappropriated waters of the state as may be required for the project, or projects, for which water has been withdrawn or reserved under RCW 90.40.030, including any and all divisions thereof, theretofore constructed, in whole or in part, by the United States or proposed to be thereafter constructed by the United States, such appropriation to be made, maintained and perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association, except that the date of priority as to all rights under such appropriation in behalf of the United States shall relate back to the date of the first withdrawal or reservation of the waters so appropriated, and in case of filings on water previously withdrawn under RCW 90.40.030, no payment of fees will be required. Such appropriation by or on behalf of the United States shall inure to the United States, and its successors in interest, in the same manner and to the same extent as though said appropriation had been made by a private person, corporation or association. The title to the beds and shores of any navigable lake or stream utilized by the construction of any reservoir or other irrigation works created or constructed as a part of such appropriation hereinbefore in this section provided for, shall vest in the United States to the extent necessary for the maintenance, operation and control of such reservoir or other irrigation works.[ 1929 c 95 § 1; 1905 c 88 § 4; RRS § 7411.]
WA Rev Code § 90.40.050 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.050 - Reservation of needed lands—Procedure.

RCW 90.40.050 Reservation of needed lands—Procedure.When the notice provided for in RCW 90.40.030 shall be given to the commissioner of public lands the proper officers of the United States may file with the said commissioner a list of lands (including in the term "lands" as here used, the beds and shores of any lake, river, stream, or other waters) owned by the state, over or upon which the United States may require rights-of-way for canals, ditches or laterals or sites for reservoirs and structures therefor or appurtenant thereto, or such additional rights-of-way and quantity of land as may be required for the operation and maintenance of the completed works for the irrigation project contemplated in such notice, and the filing of such list shall constitute a reservation from the sale or other disposal by the state of such lands so described, which reservation shall, upon the completion of such works and upon the United States by its proper officers filing with the commissioner of public lands of the state a description of such lands by metes and bounds or other definite description, ripen into a grant from the state to the United States. The state, in the disposal of lands granted from the United States to the state, shall reserve for the United States rights-of-way for ditches, canals, laterals, telephone and transmission lines which may be required by the United States for the construction, operation and maintenance of irrigation works.[ 1905 c 88 § 5; RRS § 7412.]NOTES:Reviser's note: See note following RCW 90.40.030.
WA Rev Code § 90.40.060 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.060 - Restrictions on sale of state lands within project.

RCW 90.40.060 Restrictions on sale of state lands within project.After the receipt by the commissioner of public lands of the notice from the secretary of the interior or other officer of the United States provided for in RCW 90.40.030, no lands belonging to the state, susceptible of irrigation and within the area to be irrigated from the works projected by the United States and specified in such notice shall be sold except in conformity to the classification of farm units by the United States, and the title to such lands shall not pass from the state until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued: PROVIDED, That the restrictions upon the sale or other disposal by the state of any state lands provided for in this section shall continue for the same periods, respectively, and upon the same conditions, as specified in RCW 90.40.030 for the withdrawal of waters from appropriation: AND PROVIDED FURTHER, That in case the authorization by the United States for the construction of irrigation works pursuant to RCW 90.40.030 shall be made within the period of three years specified therefor in said section, then the restrictions upon and conditions prescribed for the sale or other disposal of said lands in this section shall continue so long as any such lands shall remain unsold or not disposed of.[ 1905 c 88 § 6; RRS § 7413.]NOTES:Reviser's note: See note following RCW 90.40.030.
WA Rev Code § 90.40.070 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.070 - Federal water users' association—Exemption from fees.

RCW 90.40.070 Federal water users' association—Exemption from fees.Any water users' association which is organized in conformity with the requirements of the United States under said act of congress, and which under its articles of incorporation is authorized to furnish water only to its stockholders, shall be exempt from the payment of any incorporation tax, and from the payment of any annual franchise tax; but shall be required to pay, as preliminary to its incorporation, only a fee of twenty dollars for the filing and recording of its articles of incorporation and the issuance of certificates of incorporation. Whenever, with the consent of the secretary of the interior of the United States, the stockholders of any such association shall adopt any other form of organization to manage the affairs of such reclamation project in connection with which any such water users' association has been organized, such association may dissolve or disincorporate itself by the procedure and subject to the laws relating to the disincorporation of corporations in this state when such dissolution is authorized by a vote of two-thirds of all the stockholders represented at a meeting of the stockholders called for such purpose.[ 1919 c 42 § 1; 1905 c 88 § 7; RRS § 7414.]NOTES:Corporations and associations (nonprofit): Title 24 RCW.
WA Rev Code § 90.40.080 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.40 - Water Rights of United States.|90.40.080 - Federal water users' association—Records by county auditor.

RCW 90.40.080 Federal water users' association—Records by county auditor.It shall be the duty of the county auditor to provide record books containing printed forms of the articles of incorporation and stock subscriptions to the stock of water users' associations organized in conformity with the requirements of the United States under said act of congress, and to use such books for recording stock subscriptions of such associations; and the charges for the recording thereof shall be made on the basis of the number of words actually written therein and not for the printed form.[ 1905 c 88 § 8; RRS § 7415.]