reglab/housing_qa huggingface dataset:
WA Rev Code § 90.03.160 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.160 - Determination of water rights—Response to motions under RCW 90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules.

RCW 90.03.160 Determination of water rights—Response to motions under RCW 90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules.(1) Upon filing of the department's motion or motions under RCW 90.03.640(3), any party with a claim filed under RCW 90.03.140 for the appropriation of water or waters of the subject adjudication may file and serve a response to the department's motion or motions within the time set by the court for such a response. Objections must include specific information in regard to the particular disposition against which the objection is being made. Objections must also state the underlying basis of the objection being made, including general information about the forms of evidence that support the objection. Any party may file testimony with the court and serve it on other parties. If a party intends to cross-examine a claimant or witness based on another party's prefiled testimony, the party intending to cross-examine shall file a notice of intent to cross-examine no later than fifteen days in advance of the hearing. If no notice of intent to cross-examine based on the prefiled testimony is given, then the claimant or witness is not required to appear at the hearing. Any party may present evidence in support of or in response to an objection.(2) The superior court may appoint a referee or other judicial officer to assist the court.(3) The superior court may adopt special rules of procedure for an adjudication of water rights under this chapter, including simplified procedures for claimants of small uses of water. The rules of procedure for a superior court apply to an adjudication of water rights under this chapter unless superseded by special rules of the court under this subsection. The superior court is encouraged to consider entering, after notice and hearing and as the court determines appropriate, pretrial orders from an adjudication commenced on October 12, 1977.[ 2009 c 332 § 10; 1989 c 80 § 1; 1987 c 109 § 76; 1917 c 117 § 19; RRS § 7369. Formerly RCW 90.12.060.]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.
WA Rev Code § 90.03.180 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.180 - Determination of water rights—Filing fee.

RCW 90.03.180 Determination of water rights—Filing fee.At the time of filing the adjudication claim as provided in RCW 90.03.140, each defendant, except the United States or an Indian tribe under 43 U.S.C. Sec. 666, shall pay to the clerk of the superior court a fee as set under RCW 36.18.016.[ 2009 c 332 § 12; 1995 c 292 § 21; 1982 c 15 § 2; 1979 ex.s. c 216 § 3; 1929 c 122 § 3; 1919 c 71 § 2; 1917 c 117 § 21; RRS § 7371. Formerly RCW 90.12.080, part.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
WA Rev Code § 90.03.200 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.200 - Determination of water rights—Final decree and notice of decree—Payment of fees—Appellate review of decree.

RCW 90.03.200 Determination of water rights—Final decree and notice of decree—Payment of fees—Appellate review of decree.Upon the court's determination of all issues, the court shall issue a final decree and provide notice of the decree to all parties. The final decree must order each party whose rights have been confirmed, except the United States or an Indian tribe under 43 U.S.C. Sec. 666, to pay the department the fees required by RCW 90.03.470(10) and any other applicable fee schedule within ninety days after the department sends notice to the party under RCW 90.03.240. Appellate review of the decree shall be in the same manner as in other cases in equity, except that review must be sought within sixty days from the entry thereof.[ 2009 c 332 § 13; 1988 c 202 § 91; 1987 c 109 § 79; 1971 c 81 § 176; 1917 c 117 § 23; RRS § 7373. Formerly RCW 90.12.100.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.Severability—1988 c 202: See note following RCW 2.24.050.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.220 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.220 - Determination of water rights—Failure to appear—Estoppel.

RCW 90.03.220 Determination of water rights—Failure to appear—Estoppel.Whenever proceedings shall be instituted for the determination of the rights to the use of water, any defendant who shall fail to appear in such proceedings, after legal service, and submit proof of his or her claim, shall be estopped from subsequently asserting any right to the use of such water embraced in such proceeding, except as determined by such decree.[ 2013 c 23 § 595; 1917 c 117 § 24; RRS § 7375. Formerly RCW 90.12.120.]
WA Rev Code § 90.03.230 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.230 - Determination of water rights—Copy of decree to director.

RCW 90.03.230 Determination of water rights—Copy of decree to director.The clerk of the superior court, immediately upon the entry of any decree by the superior court, shall transmit a certified copy thereof to the director, who shall immediately enter the same upon the records of the department.[ 1987 c 109 § 81; 1917 c 117 § 25; RRS § 7376. Formerly RCW 90.12.130.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.240 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.240 - Determination of water rights—Certificate of adjudicated water right—Notice—Fees.

RCW 90.03.240 Determination of water rights—Certificate of adjudicated water right—Notice—Fees.Upon the court's final determination of the rights to water, the department shall issue to each person entitled to a water right by such a determination, a certificate of adjudicated water right, setting forth the name and mailing address of record with the court of such person; the priority and purpose of the right; the period during which said right may be exercised, the point of diversion or withdrawal, and the place of use; the land to which said water right is appurtenant; the maximum annual and instantaneous quantities of water allowed; and specific provisions or limitations or both under which the water right has been confirmed.The department shall provide notice to the water right holder that the certificate has been prepared for issuance and that fees for the issuance of the certificate are due in accordance with RCW 90.03.470 and any other applicable fee schedule. If the water right holder fails to submit the required fees within one year from the date the notice was issued by the department, the department may move the court for sanctions for violation of the court's order in the final decree requiring payment.[ 2009 c 332 § 15; 1987 c 109 § 82; 1917 c 117 § 26; RRS § 7377. Formerly RCW 90.12.140.]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.
WA Rev Code § 90.03.243 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.243 - Determination of water rights—State to bear its expenses, when—County must be provided extraordinary costs imposed due to adjudication.

RCW 90.03.243 Determination of water rights—State to bear its expenses, when—County must be provided extraordinary costs imposed due to adjudication.The expenses incurred by the state in a proceeding to determine rights to water initiated under RCW 90.03.110 or 90.44.220 or upon appeal of such a determination shall be borne by the state. Subject to the availability of state funding provided either by direct appropriation or funded through the administrative office of the courts for this specific purpose, the county in which an adjudication or a suit to administer an adjudication is being held must be provided the extraordinary costs imposed on the superior court of that county due to the adjudication.[ 2009 c 332 § 16; 1982 c 15 § 1.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.
WA Rev Code § 90.03.245 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.245 - Determination of water rights—Scope.

RCW 90.03.245 Determination of water rights—Scope.Rights subject to determination proceedings conducted under RCW 90.03.110 through 90.03.240 and 90.44.220 include all rights to the use of water, including all diversionary and instream water rights, and include rights to the use of water claimed by the United States.Nothing in this section may be construed as establishing or creating any new rights to the use of water. This section relates exclusively to the confirmation of water rights established or created under other provisions of state law or under federal laws.[ 1979 ex.s. c 216 § 1.]NOTES:Effective date—1979 ex.s. c 216: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [June 4, 1979]." [ 1979 ex.s. c 216 § 12.]Severability—1979 ex.s. c 216: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 216 § 13.]
WA Rev Code § 90.03.247 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.247 - Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.

RCW 90.03.247 Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.(1) Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to: (a) Protect the levels or flows; or (b) require water resource mitigation of impacts to instream flows and closed surface water bodies for water resource mitigation pilot projects authorized under RCW 90.94.090.(2) No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fish and wildlife, the department of commerce, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife, the department of commerce, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife, the department of commerce, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.[ 2018 c 1 § 302; 2003 c 39 § 48; 1996 c 186 § 523; 1994 c 264 § 82. Prior: 1987 c 506 § 95; 1987 c 505 § 81; 1980 c 87 § 46; 1979 ex.s. c 166 § 1.]NOTES:Intent—2018 c 1: See note following RCW 90.94.010.Effective date—2018 c 1: See RCW 90.94.900.Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
WA Rev Code § 90.03.250 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.250 - Appropriation procedure—Application for permit—Temporary permit.

RCW 90.03.250 Appropriation procedure—Application for permit—Temporary permit.Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he or she has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.[ 2013 c 23 § 596; 1987 c 109 § 83; 1917 c 117 § 27; RRS § 7378. Formerly RCW 90.20.010.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.Schedule of fees: RCW 90.03.470.
WA Rev Code § 90.03.252 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.252 - Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.

RCW 90.03.252 Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.The permit requirements of RCW 90.03.250 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 § 6; 1997 c 444 § 2.]NOTES:Severability—1997 c 444: See note following RCW 90.46.010.
WA Rev Code § 90.03.255 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.255 - Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.

RCW 90.03.255 Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 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 diversion of surface water proposed in the application for the water right, transfer, or change. 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 otherwise 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 § 2; 1996 c 306 § 1.]NOTES:Findings—Purpose—1997 c 360: "The legislature finds that in many basins in the state there is water available on a seasonal basis that is in excess of the needs of either existing water right holders or instream resources. The legislature finds that excess waters often result in significant flooding and damage to public and private resources. Further, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. Further, in some areas of the state additional supplies of water are needed to meet the needs of a growing economy and population. The legislature finds there is a range of alternatives that offset the impacts that should be encouraged including the creation, restoration, enhancement, or enlargement of ponds, wetlands, and reservoirs and the artificial recharge of aquifers.The purpose of this act is to foster the improvement in the water supplies available to meet the needs of the state. It is the goal of this act to strengthen the state's economy while maintaining and improving the overall quality of the state's environment." [ 1997 c 360 § 1.]
WA Rev Code § 90.03.270 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.270 - Appropriation procedure—Record of application.

RCW 90.03.270 Appropriation procedure—Record of application.Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and to keep a record of same. If upon examination, the application is found to be defective, it shall be returned to the applicant for correction or completion, and the date and the reasons for the return thereof shall be endorsed thereon and made a record in his or her office. No application shall lose its priority of filing on account of such defects, provided acceptable maps, drawings, and such data as is required by the department shall be filed with the department within such reasonable time as it shall require.[ 2013 c 23 § 597; 1987 c 109 § 85; 1917 c 117 § 29; RRS § 7380. Formerly RCW 90.20.030.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.280 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.280 - Appropriation procedure—Notice.

RCW 90.03.280 Appropriation procedure—Notice.Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use is to be made, and in such other newspapers as the department may direct, once a week for two consecutive weeks. Upon receipt by the department of an application it shall send notice thereof containing pertinent information to the director of fish and wildlife.[ 1994 c 264 § 83; 1988 c 36 § 65; 1987 c 109 § 66; 1953 c 275 § 1; 1939 c 127 § 1; 1925 ex.s. c 161 § 1; 1917 c 117 § 30; RRS § 7381. Formerly RCW 90.20.040.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.300 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.300 - Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.

RCW 90.03.300 Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.No permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such permit, or any portion of the works in such application described and to be constructed for the purpose of storing, conserving, diverting or distributing such water, or because the place of intended use or the lands to be irrigated by means of such water, or any part thereof, may be situated in some other state or nation, but in all such cases where either the point of diversion or any of such works or the place of intended use, or the lands, or part of the lands, to be irrigated by means of such water, are situated within the state of Washington, the permit shall issue as in other cases: PROVIDED, HOWEVER, That the department may in its discretion, decline to issue a permit where the point of diversion described in the application is within the state of Washington but the place of beneficial use in some other state or nation, unless under the laws of such state or nation water may be lawfully diverted within such state or nation for beneficial use in the state of Washington.[ 1987 c 109 § 87; 1921 c 103 § 3; RRS § 7383. Formerly RCW 90.20.070.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.310 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.310 - Appropriation procedure—Assignability of permit or application.

RCW 90.03.310 Appropriation procedure—Assignability of permit or application.Any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment shall be binding or valid unless filed for record with the department. Any application for permits to appropriate water prior to permit issuing, may be assigned by the applicant, but no such assignment shall be valid or binding unless the written consent of the department is first obtained thereto, and unless such assignment is filed for record with the department.[ 1987 c 109 § 88; 1917 c 117 § 32; RRS § 7384. Prior: 1891 c 142 § 6. Formerly RCW 90.20.080.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.