reglab/housing_qa huggingface dataset:
WA Rev Code § 90.03.440 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.440 - Partnership ditches—Procedure for division of water between joint owners.

RCW 90.03.440 Partnership ditches—Procedure for division of water between joint owners.When two or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, and where there is no disagreement as to the ownership of said water, it shall be lawful for any such owner or owners, his or her or their lessee or lessees, or either of them, to apply to the department, in writing, setting forth such fact and giving such information as shall enable the department to estimate the probable expense of such service, asking the department to appoint some suitable person to take charge of such ditch or reservoir for the purpose of making a just division or distribution of the water from the same to the parties entitled to the use thereof. The department shall upon the receipt of such application notify the applicant of the probable expense of such division and upon receipt of certified check for said amount, the department shall appoint a suitable person to make such division. The person so appointed shall take exclusive charge of such ditch or reservoir for the purpose of dividing the water therefrom in accordance with the established rights of the diverters therefrom, and continue the said work until the necessity therefor shall cease to exist. The expense of such investigation and division shall be a charge upon all of the co-owners and the person advancing the payment to the department shall be entitled to recover in any court of competent jurisdiction from his or her co-owners their proportionate share of the expense.[ 2013 c 23 § 599; 1987 c 109 § 97; 1919 c 71 § 4; RRS § 7396. Formerly RCW 90.28.130.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.450 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.450 - Partnership ditches—Lien for labor performed.

RCW 90.03.450 Partnership ditches—Lien for labor performed.Upon the failure of any co-owner to pay his or her proportionate share of such expense as mentioned in RCW 90.03.430 within thirty days after receiving a statement of the same as performed by his or her co-owner or owners, such person or persons so performing such labor may secure payment of said claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the county auditor of the county wherein said ditch is situated, and when so filed it shall constitute a valid lien against the interest of such person or persons who shall fail to perform their proportionate share of the work requisite to the proper maintenance of said ditch, which said lien when so taken may be enforced in the same manner as provided by law for the enforcement of mechanics' and builders' liens.[ 2013 c 23 § 600; 1919 c 71 § 5; RRS § 7397. Formerly RCW 90.28.120.]NOTES:Mechanics' and materialmen's liens: Chapter 60.04 RCW.
WA Rev Code § 90.03.460 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.460 - Inchoate rights not affected.

RCW 90.03.460 Inchoate rights not affected.Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to the circumstances surrounding the enterprise, including the magnitude of the project for putting the water to a beneficial use and the market for the resulting water right for irrigation or power or other beneficial use, in the locality in question.[ 1917 c 117 § 43; RRS § 7398. Formerly RCW 90.28.140.]
WA Rev Code § 90.03.471 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.471 - Disposition of fees.

RCW 90.03.471 Disposition of fees.All fees, collections and revenues derived under RCW 90.03.470 or by virtue of RCW 90.03.180, shall be used exclusively for the purpose of carrying out the work and performing the functions of the division of water resources of the department.[ 1987 c 109 § 99; 1925 ex.s. c 161 § 3; RRS § 7399-1.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.500 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.500 - Stormwater control facilities—Imposition of rates and charges—Legislative findings.

RCW 90.03.500 Stormwater control facilities—Imposition of rates and charges—Legislative findings.The legislature finds that increasing the surface water or stormwater accumulation on or flow over real property, beyond that which naturally occurs on the real property, may cause severe damage to the real property and limit the gainful use or enjoyment of the real property, resulting in a tort, nuisance, or taking. The damage can arise from activities increasing the point or nonpoint flow of surface water or stormwater over the real property, or altering or interrupting the natural drainage from the real property. The legislature finds that it is in the public interest to permit the construction and operation of public improvements to lessen the damage. The legislature further finds that it is in the public interest to provide for the equitable imposition of special assessments, rates, and charges to fund such improvements. This shall include the imposition of special assessments, rates, and charges on real property to fund that reasonable portion of the public improvements that alleviate the damage arising from activities that are the proximate cause of the damage on other real property. Except as otherwise provided in RCW 90.03.525, these special assessments, rates, and charges may be imposed on any publicly-owned, including state-owned, real property that causes such damage.[ 1986 c 278 § 62; 1983 c 315 § 8.]NOTES:Severability—1986 c 278: See note following RCW 36.01.010.Severability—1983 c 315: "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." [ 1983 c 315 § 26.]Flood control zone districts—Stormwater control improvements: Chapter 86.15 RCW.Public property subject to rates and charges for stormwater control facilities: RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145.
WA Rev Code § 90.03.510 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.510 - Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.

RCW 90.03.510 Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund stormwater control facilities or improvements and the operation and maintenance of such facilities or improvements under RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005, or 57.08.081, it may provide a credit for the value of stormwater control facilities or improvements that a person or entity has installed or located that mitigate or lessen the impact of stormwater which otherwise would occur.[ 1996 c 230 § 1616; 1986 c 278 § 63; 1983 c 315 § 9.]NOTES:Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.Severability—1986 c 278: See note following RCW 36.01.010.Severability—1983 c 315: See note following RCW 90.03.500.
WA Rev Code § 90.03.520 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.520 - Stormwater control facilities—Imposition of rates and charges—Definitions.

RCW 90.03.520 Stormwater control facilities—Imposition of rates and charges—Definitions.The definitions set forth in this section apply to RCW 90.03.525 and 35.67.025.(1) "State highway right-of-way" means the right-of-way for a state highway. The phrase includes the right-of-way of a state limited access highway inside or outside a city or town but does not include city or town streets forming a part of the route of state highways that are not limited access highways. The term does not include state property under the jurisdiction of the department of transportation that is outside the right-of-way lines of a state highway.(2) "Stormwater control facility" means any facility, improvement, development, property, or interest therein, made, constructed, or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood, or surplus waters.(3) "Rate" means the dollar amount charged per unit of surface area of a parcel of real property based upon factors established by the local government utility.(4) "Comparable real property" means real property equal to the state highway right-of-way or a section of state highway right-of-way in terms of the factors considered by the local government utility in establishing rates.[ 1986 c 278 § 53.]NOTES:Severability—1986 c 278: See note following RCW 36.01.010.Public property subject to rates and charges for stormwater control facilities: RCW 35.67.025.
WA Rev Code § 90.03.540 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.540 - Highway construction improvement projects—Joint stormwater treatment facilities.

RCW 90.03.540 Highway construction improvement projects—Joint stormwater treatment facilities.In the development of highway construction improvement projects, the department of transportation shall coordinate with adjacent local governments, ports, and other public and private organizations to determine opportunities for cost-effective joint stormwater treatment facilities for both new and existing impervious surfaces.[ 1996 c 285 § 6.]
WA Rev Code § 90.03.550 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.550 - Municipal water supply purposes—Beneficial uses.

RCW 90.03.550 Municipal water supply purposes—Beneficial uses.Beneficial uses of water under a municipal water supply purposes water right may include water withdrawn or diverted under such a right and used for:(1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or(2) Uses that are needed to implement environmental obligations called for by a watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, a federally approved habitat conservation plan prepared in response to the listing of a species as being endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a comprehensive irrigation district management plan.[ 2003 1st sp.s. c 5 § 2.]NOTES:Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
WA Rev Code § 90.03.560 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.560 - Municipal water supply purposes—Identification.

RCW 90.03.560 Municipal water supply purposes—Identification.When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are correctly identified as being for municipal water supply purposes. This section authorizes a water right or portion of a water right held or acquired by a municipal water supplier that is for municipal water supply purposes as defined in RCW 90.03.015 to be identified as being a water right for municipal water supply purposes. However, it does not authorize any other water right or other portion of a right held or acquired by a municipal water supplier to be so identified without the approval of a change or transfer of the right or portion of the right for such a purpose.[ 2003 1st sp.s. c 5 § 3.]NOTES:Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
WA Rev Code § 90.03.580 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.580 - Failing public water system—Conditions.

RCW 90.03.580 Failing public water system—Conditions.To be considered a failing public water system for the purposes of RCW 90.03.570, the department of health, in consultation with the department and the local health authority, must make a determination that the system meets one or more of the following conditions:(1) A public water system has failed, or is in danger of failing within two years, to meet state board of health standards for the delivery of potable water to existing users in adequate quantity or quality to meet basic human drinking, cooking, and sanitation needs or to provide adequate fire protection flows;(2) The current water source has failed or will fail so that the public water system is or will become incapable of exercising its existing water rights to meet existing needs for drinking, cooking, and sanitation purposes after all reasonable conservation efforts have been implemented; or(3) A change in source is required to meet drinking water quality standards and avoid unreasonable treatment costs, or the state department of health determines that the existing source of supply is unacceptable for human use.[ 2003 1st sp.s. c 5 § 15.]NOTES:Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
WA Rev Code § 90.03.591 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.591 - New watershed agreements prohibited after July 1, 2008.

RCW 90.03.591 New watershed agreements prohibited after July 1, 2008.The department may not enter into new watershed agreements under RCW 90.03.590 after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date.[ 2003 1st sp.s. c 5 § 17.]NOTES:Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
WA Rev Code § 90.03.600 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.600 - Civil penalties.

RCW 90.03.600 Civil penalties.In determining the amount of a penalty to be levied, the department shall consider the seriousness of the violation, whether the violation is repeated or continuous after notice of the violation is given, and whether any damage has occurred to the health or property of other persons. Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the department of ecology may levy civil penalties ranging from one hundred dollars to five thousand dollars per day for violation of any of the provisions of this chapter and chapters 43.83B, 90.22, and 90.44 RCW, and rules, permits, and similar documents and regulatory orders of the department of ecology adopted or issued pursuant to such chapters. The procedures of RCW 90.48.144 shall be applicable to all phases of the levying of a penalty as well as review and appeal of the same.[ 2003 1st sp.s. c 15 § 3; 1995 c 403 § 635; 1987 c 109 § 157; 1977 ex.s. c 1 § 8. Formerly RCW 43.83B.335.]NOTES:Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.605 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.605 - Compliance—Sequence of enforcement measures—Location of compliance personnel.

RCW 90.03.605 Compliance—Sequence of enforcement measures—Location of compliance personnel.(1) The department shall, through a network of water masters appointed under this chapter, stream patrollers appointed under chapter 90.08 RCW, and other assigned compliance staff to the extent such a network is funded, achieve compliance with the water laws and rules of the state of Washington in the following sequence:(a) The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of their water rights and applicable water laws;(b) When the department determines that a violation has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. As part of this first response, the department shall offer information and technical assistance to the person in writing identifying one or more means to accomplish the person's purposes within the framework of the law; and(c) If education and technical assistance do not achieve compliance the department shall issue a notice of violation, a formal administrative order under RCW 43.27A.190, or assess penalties under RCW 90.03.600 unless the noncompliance is corrected expeditiously or the department determines no impairment or harm.(2) Nothing in the section is intended to prevent the department of ecology from taking immediate action to cause a violation to be ceased immediately if in the opinion of the department the nature of the violation is causing harm to other water rights or to public resources.(3) The department of ecology shall to the extent practicable station its compliance personnel within the watershed communities they serve. To the extent practicable, compliance personnel shall be distributed evenly among the regions of the state.[ 2002 c 329 § 2.]
WA Rev Code § 90.03.615 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.615 - Calculating annual consumptive quantity.

RCW 90.03.615 Calculating annual consumptive quantity.For purposes of calculating annual consumptive quantity as defined under RCW 90.03.380(1), if, within the most recent five-year period, the water right has been in the trust water rights program under chapter 90.38 or 90.42 RCW, or the nonuse of the water right has been excused from relinquishment under RCW 90.14.140, the department shall look to the most recent five-year period of continuous beneficial use preceding the date where the excuse for nonuse under RCW 90.14.140 was established and remained in effect.[ 2009 c 283 § 7.]NOTES:Findings—Intent—2009 c 283: See note following RCW 90.42.100.
WA Rev Code § 90.03.620 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.620 - Water rights adjudication—Disqualification of judge.

RCW 90.03.620 Water rights adjudication—Disqualification of judge.(1) A judge in a water right adjudication filed under this chapter may be partially or fully disqualified from hearing the adjudication. Partial disqualification means disqualification from hearing specified claims. Full disqualification means disqualification from hearing any aspect of the adjudication.(a) A judge is partially disqualified when the judge's impartiality might reasonably be questioned and the apparent or actual partiality is limited to specified claims.(b) A judge is fully disqualified when the judge's impartiality might reasonably be questioned and the apparent or actual partiality extends beyond limited claims such that the judge should not hear any part of the adjudication.(2) A judge may recuse himself or herself under this section or a party may file a motion for disqualification. A motion for disqualification must state whether the remedy being sought is full or partial disqualification.(3)(a) For parties who are named in the original pleadings, a motion for disqualification is timely if it is filed before the judge issues a discretionary order or ruling in the adjudication.(b) For a party who is joined in the adjudication after the original pleadings have been filed, a motion for disqualification is timely if it is filed within the earliest of either (i) thirty days of being joined in the adjudication; or (ii) after the joinder of the party, before the judge issues a discretionary order or ruling relating to the joined party.(c) When a motion for disqualification is untimely filed under this subsection (3), the motion will be granted only when necessary to correct a substantial injustice.(d) For purposes of this section, "discretionary order or ruling" has the same meaning as "order or ruling involving discretion" in RCW 4.12.050.(4) A party filing a motion for disqualification under this section has the burden of proving by a preponderance of the evidence that the judge should be disqualified under the standards of subsection (1) of this section.(5) The motion for disqualification may not be heard by the judge against whom the motion is filed. Subject to this limitation, the court may assign the disqualification motion to any superior court judge of the judicial district in which the adjudication was filed or to a visiting superior court judge under RCW 2.56.040.(6) The standards set forth in RCW 2.28.030, which govern the disqualification of judicial officers generally, may be grounds for disqualification under this section.[ 2009 c 332 § 3.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.
WA Rev Code § 90.03.625 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.625 - Water rights adjudication—Motion for default.

RCW 90.03.625 Water rights adjudication—Motion for default.Upon expiration of the filing period established under RCW 90.03.120(2), the department shall file a motion for default against defendants who have been served but who have failed to file an adjudication claim under RCW 90.03.140. A party in default may file a late claim under the same circumstances the party could respond or defend under court rules on default judgments.[ 2009 c 332 § 4.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.
WA Rev Code § 90.03.630 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.630 - Water rights adjudication—Use for which a statement of claim is required.

RCW 90.03.630 Water rights adjudication—Use for which a statement of claim is required.If an adjudication claim is for a use for which a statement of claim was required to be filed under chapter 90.14 RCW and no such claim was filed, the department may move that the adjudication claim be denied. The court shall grant the department's motion unless the claimant shows good cause why the motion should not be granted.[ 2009 c 332 § 5.]NOTES:Application—2009 c 332: See note following RCW 90.03.110.