reglab/housing_qa huggingface dataset:
WA Rev Code § 90.03.320 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.320 - Appropriation procedure—Construction work.

RCW 90.03.320 Appropriation procedure—Construction work.Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected. For good cause shown, the department shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. Good cause includes prevention or restriction of water use by operation of federal laws for the time or times fixed for commencing work, completing work, and applying water to beneficial use otherwise authorized under a water right permit issued for a federal reclamation project. In fixing construction schedules and the time, or extension of time, for application of water to beneficial use for municipal water supply purposes, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures implemented by the public water system, and the supply needs of the public water system's service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand projections prepared by public water systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand projection may be used. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause is not shown, the permit shall be canceled.[ 1999 c 400 § 1; 1997 c 445 § 3; 1987 c 109 § 67; 1917 c 117 § 33; RRS § 7385. Formerly RCW 90.20.090.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.340 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.340 - Appropriation procedure—Effective date of water right.

RCW 90.03.340 Appropriation procedure—Effective date of water right.The right acquired by appropriation shall relate back to the date of filing of the original application with the department.[ 1987 c 109 § 90; 1917 c 117 § 35; RRS § 7387. Formerly RCW 90.20.110.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.345 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.345 - Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.

RCW 90.03.345 Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment. Whenever an application for a permit to make beneficial use of public waters embodied in a reservation, established after September 1, 1979, is filed with the department of ecology after the effective date of such reservation, the priority date for a permit issued pursuant to an approval by the department of ecology of the application shall be the effective date of the reservation.[ 1979 ex.s. c 216 § 7.]NOTES:Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
WA Rev Code § 90.03.350 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.350 - Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.

RCW 90.03.350 Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.Except as provided in RCW 43.21A.068, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever he or she is requested to do so by the department.A metals mining and milling operation regulated under chapter 232, Laws of 1994 is subject to additional dam safety inspection requirements due to the special hazards associated with failure of a tailings pond impoundment. The department shall inspect these impoundments at least quarterly during the project's operation and at least annually thereafter for the postclosure monitoring period in order to ensure the safety of the dam or controlling works. The department shall conduct additional inspections as needed during the construction phase of the mining operation in order to ensure the safe construction of the tailings impoundment.[ 1995 c 8 § 6; 1994 c 232 § 20; 1987 c 109 § 91; 1955 c 362 § 1; 1939 c 107 § 1; 1917 c 117 § 36; RRS § 7388. Formerly RCW 90.28.060.] [1954 SLC-RO-18.]NOTES:Findings—1995 c 8: See note following RCW 43.21A.064.Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.Height of dams on tributaries of Columbia river: RCW 77.55.191.
WA Rev Code § 90.03.360 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.360 - Controlling works and measuring devices—Metering of diversions—Impact on fish stock.

RCW 90.03.360 Controlling works and measuring devices—Metering of diversions—Impact on fish stock.(1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water diverted. Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir.Metering of diversions or measurement by other approved methods shall be required as a condition for all new surface water right permits, and except as provided in subsection (2) of this section, may be required as a condition for all previously existing surface water rights. The department may also require, as a condition for all water rights, metering of diversions, and reports regarding such metered diversions as to the amount of water being diverted. Such reports shall be in a form prescribed by the department.(2) Where water diversions are from waters in which the salmonid stock status is depressed or critical, as determined by the department of fish and wildlife, or where the volume of water being diverted exceeds one cubic foot per second, the department shall require metering or measurement by other approved methods as a condition for all new and previously existing water rights or claims. The department shall attempt to integrate the requirements of this subsection into its existing compliance workload priorities, but shall prioritize the requirements of this subsection ahead of the existing compliance workload where a delay may cause the decline of wild salmonids. The department shall notify the department of fish and wildlife of the status of fish screens associated with these diversions.This subsection (2) shall not apply to diversions for public or private hatcheries or fish rearing facilities if the diverted water is returned directly to the waters from which it was diverted.[ 1994 c 264 § 85; 1993 sp.s. c 4 § 12; 1989 c 348 § 6; 1987 c 109 § 92; 1917 c 117 § 37; RRS § 7389. Formerly RCW 90.28.070.]NOTES:Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600.Severability—1989 c 348: See note following RCW 90.54.020.Rights not impaired—1989 c 348: See RCW 90.54.920.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.Instream flows: RCW 90.22.060.
WA Rev Code § 90.03.386 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.386 - Coordination of approval procedures for compliance and consistency with approved water system plan.

RCW 90.03.386 Coordination of approval procedures for compliance and consistency with approved water system plan.(1) Within service areas established pursuant to chapter 43.20 or 70A.100 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management program.(2) The effect of the department of health's approval of a planning or engineering document that describes a municipal water supplier's service area under chapter 43.20 RCW, or the local legislative authority's approval of service area boundaries in accordance with procedures adopted pursuant to chapter 70A.100 RCW, is that the place of use of a surface water right or groundwater right used by the supplier includes any portion of the approved service area that was not previously within the place of use for the water right if the supplier is in compliance with the terms of the water system plan or small water system management program, including those regarding water conservation, and the alteration of the place of use is not inconsistent, regarding an area added to the place of use, with: Any comprehensive plans or development regulations adopted under chapter 36.70A RCW; any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, if such a watershed plan has been approved for the area.(3) A municipal water supplier must implement cost-effective water conservation in accordance with the requirements of RCW 70A.125.170 as part of its approved water system plan or small water system management program. In preparing its regular water system plan update, a municipal water supplier with one thousand or more service connections must describe: (a) The projects, technologies, and other cost-effective measures that comprise its water conservation program; (b) improvements in the efficiency of water system use resulting from implementation of its conservation program over the previous six years; and (c) projected effects of delaying the use of existing inchoate rights over the next six years through the addition of further cost-effective water conservation measures before it may divert or withdraw further amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW 90.03.320, the department must take into consideration the public water system's use of conserved water.[ 2020 c 20 § 1492; 2003 1st sp.s. c 5 § 5; 1991 c 350 § 2.]NOTES:Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
WA Rev Code § 90.03.390 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.390 - Temporary changes—Emergency interties—Rotation in use.

RCW 90.03.390 Temporary changes—Emergency interties—Rotation in use.RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use of water when such change can be made without detriment to existing rights, but in no case shall such change be made without the permission of the water master of the district in which such proposed change is located, or of the department. Nor shall RCW 90.03.380 be construed to prevent construction of emergency interties between public water systems to permit exchange of water during short-term emergency situations, or rotation in the use of water for bringing about a more economical use of the available supply, provided however, that the department of health in consultation with the department of ecology shall adopt rules or develop written guidelines setting forth standards for determining when a short-term emergency exists and the circumstances in which emergency interties are permitted. The rules or guidelines shall be consistent with the procedures established in RCW 43.83B.400 through 43.83B.420. Water users owning lands to which water rights are attached may rotate in the use of water to which they are collectively entitled, or an individual water user having lands to which are attached water rights of a different priority, may in like manner rotate in use when such rotation can be made without detriment to other existing water rights, and has the approval of the water master or department.[ 1991 c 350 § 3; 1987 c 109 § 95; 1929 c 122 § 7; RRS § 7391a. Formerly RCW 90.28.100.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.03.395 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.395 - Change of point of diversion to downstream intake structure—Intent.

RCW 90.03.395 Change of point of diversion to downstream intake structure—Intent.The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.[ 1999 c 232 § 1.]
WA Rev Code § 90.03.397 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.397 - Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.

RCW 90.03.397 Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.(1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity to transport the additional diversion to either: (a) A point of diversion that is located downstream; or (b) a point of diversion located between Columbia river miles 215.6 and 292, if the existing point of diversion is contained therein.(2) This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999.[ 2011 c 117 § 1; 1999 c 232 § 2.]
WA Rev Code § 90.03.400 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.400 - Crimes against water code—Unauthorized use of water.

RCW 90.03.400 Crimes against water code—Unauthorized use of water.(1)(a) The unauthorized use of water to which another person is entitled or the willful or negligent waste of water to the detriment of another, is a misdemeanor.(b) For instances of the waste of water under this subsection, the department may alternatively follow the sequence of enforcement actions as provided in RCW 90.03.605.(2) The possession or use of water without legal right shall be prima facie evidence of the guilt of the person using it.(3) It is also a misdemeanor to use, store, or divert any water until after the issuance of permit to appropriate such water.[ 2003 1st sp.s. c 15 § 2; 2003 c 53 § 418; 1917 c 117 § 40; RRS § 7392. Formerly RCW 90.32.010.]NOTES:Reviser's note: The effective date of 2003 c 53 § 418 is July 1, 2004. However, 2003 c 53 § 418 was amended by 2003 1st sp.s. c 15 § 2 which has an effective date of September 9, 2003. Consequently, the effective date of this section is September 9, 2003.Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
WA Rev Code § 90.03.410 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.410 - Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.

RCW 90.03.410 Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.(1) Any person or persons who shall willfully interfere with, or injure or destroy any dam, dike, headgate, weir, canal or reservoir, flume, or other structure or appliance for the diversion, carriage, storage, apportionment, or measurement of water for irrigation, reclamation, power, or other beneficial uses, or who shall willfully use or conduct water into or through his or her ditch, which has been lawfully denied him or her by the water master or other competent authority, or shall willfully injure or destroy any telegraph, telephone, or electric transmission line, or any other property owned, occupied, or controlled by any person, association, or corporation, or by the United States and used in connection with said beneficial use of water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction of any real or personal property, of property destruction and shall incur the penalties set forth in *RCW 9.61.070.(2) Any person or persons who shall willfully or unlawfully take or use water, or conduct the same into his or her ditch or to his or her land, or land occupied by him or her, and for such purpose shall cut, dig, break down, or open any headgate, bank, embankment, canal or reservoir, flume, or conduit, or interfere with, injure, or destroy any weir, measuring box, or other appliance for the apportionment and measurement of water, or unlawfully take or cause to run or pour out of such structure or appliance any water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction of any real or personal property, of property destruction and shall incur the penalties set forth in *RCW 9.61.070.(3) The use of water through such structure or structures, appliance or appliances hereinbefore named after its or their having been interfered with, injured or destroyed, shall be prima facie evidence of the guilt of the person using it.[ 2013 c 23 § 598; 1971 ex.s. c 152 § 8; 1921 c 103 § 2; 1917 c 117 § 41; RRS § 7393. Formerly RCW 90.32.020.]NOTES:*Reviser's note: RCW 9.61.070 was repealed by 1975 1st ex.s. c 260 § 9A.92.010, effective July 1, 1976.
WA Rev Code § 90.03.420 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.420 - Crimes against water code—Obstruction of right-of-way.

RCW 90.03.420 Crimes against water code—Obstruction of right-of-way.Whenever any appropriator of water has the lawful right-of-way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto or trespass thereon.[ 1917 c 117 § 42; RRS § 7394. Formerly RCW 90.32.030.]
WA Rev Code § 90.03.430 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.03 - Water Code.|90.03.430 - Partnership ditches—Action for reimbursement for work done.

RCW 90.03.430 Partnership ditches—Action for reimbursement for work done.In all cases where irrigating ditches are owned by two or more persons and one or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, such owner or owners desiring the performance of such work as is reasonably necessary to maintain the ditch, may, after having given ten days' written notice to such owner or owners who have failed to perform his, her or their proportionate share of such work, necessary for the operation and maintenance of said ditch or ditches, perform his, her or their share of such work, and recover therefor from such person or persons so failing to perform his, her or their share of such work in any court having jurisdiction of the matter the expense or value of such work or labor so performed: PROVIDED, That no improvement involving an expenditure in excess of one hundred dollars shall be made without the written approval of the department having first been obtained.[ 1987 c 109 § 96; 1919 c 71 § 3; RRS § 7395. Formerly RCW 90.28.110.]NOTES:Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.