reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.60 ENVIRONMENTAL PERMIT ASSISTANCE

Sections
90.60.010 Findings and declaration.
[1995 c 347 § 601.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.020 Definitions.
[1995 c 347 § 602.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.030 Permit assistance center — Duties.
[1997 c 429 § 35; 1995 c 347 § 603.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.040 Designation of coordinating permit agency — Process.
[1995 c 347 § 604.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.050 Project facilitator.
[1995 c 347 § 605.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.060 Coordinating permit agency — Designation — Duties.
[1995 c 347 § 606.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.070 Coordinating permit agency — Meeting with permit applicant and participating permit agencies.
[1995 c 347 § 607.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.080 Withdrawal from coordinated permit process.
[1995 c 347 § 608.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.090 Coordinating permit agency to oversee participating permit agencies.
[1995 c 347 § 609.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.100 Recovery of costs by coordinating permit agency.
[1995 c 347 § 610.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.110 Review of agency action — Petition.
[1995 c 347 § 611.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.120 Amendments or modifications — Procedure.
[1995 c 347 § 612.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.130 Failure to provide information — Effect.
[1995 c 347 § 613.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.140 Appeals.
[1995 c 347 § 614.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.150 Jurisdiction of the energy facility site evaluation council not affected.
[1995 c 347 § 615.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.160 Final permit decision — Notice forwarded to county assessor.
[1996 c 254 § 8.]
Decodified September 2001.
90.60.800 Report to legislature.
[1995 c 347 § 616.]
Repealed by 1995 c 347 § 618, effective June 30, 2000.
90.60.900 Finding — Severability — Part headings and table of contents not law — 1995 c 347.
Cross-reference section, decodified September 2001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.61 LAND USE STUDY COMMISSION

Sections
90.61.010 Commission established.
[1995 c 347 § 801.]
Expired June 30, 1998, pursuant to 1995 c 347 § 806.
90.61.020 Commission membership.
[1995 c 347 § 802.]
Expired June 30, 1998, pursuant to 1995 c 347 § 806.
90.61.030 Time limits — Reports.
[1995 c 347 § 803.]
Expired June 30, 1998, pursuant to 1995 c 347 § 806.
90.61.040 Duties.
[1995 c 347 § 804.]
Expired June 30, 1998, pursuant to 1995 c 347 § 806.
90.61.050 Travel reimbursement.
[1995 c 347 § 805.]
Expired June 30, 1998, pursuant to 1995 c 347 § 806.
90.61.900 Expiration date — 1995 c 347 §§ 801-805.
[1995 c 347 § 806.]
Decodified June 1998.
90.61.901 Effective date — 1995 c 347 §§ 801-806.
[1995 c 347 § 904.]
Decodified June 1998.
90.61.902 Finding — Severability — Part headings and table of contents not law — 1995 c 347.
Cross-reference section, decodified June 1998.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.62 ENVIRONMENTAL COORDINATION PROCEDURES ACT

Sections
90.62.010 Legislative finding — Purposes.
[1982 c 179 § 1; 1977 c 54 § 1; 1973 1st ex.s. c 185 § 1.]
Repealed by 1995 c 347 § 619.
90.62.020 Definitions.
[1994 c 264 § 96; 1988 c 36 § 71; 1977 c 54 § 2; 1973 1st ex.s. c 185 § 2.]
Repealed by 1995 c 347 § 619.
90.62.030 Thermal power plants exempt from chapter.
[1973 1st ex.s. c 185 § 3.]
Repealed by 1995 c 347 § 619.
90.62.040 Master application for proposed project — Contents — Notice to state agencies — Agency permit forms sent applicant — Return of forms to department with local government certification.
[1990 c 137 § 1; 1977 c 54 § 3; 1973 1st ex.s. c 185 § 4.]
Repealed by 1995 c 347 § 619.
90.62.050 Notice of proposed project — Publication — Contents — Public hearing.
[1977 c 54 § 4; 1973 1st ex.s. c 185 § 5.]
Repealed by 1995 c 347 § 619.
90.62.060 Public hearing — Procedure — Agency participation — Final decisions.
[1982 c 179 § 2; 1977 c 54 § 5; 1973 1st ex.s. c 185 § 6.]
Repealed by 1995 c 347 § 619.
90.62.070 Withdrawal of agency from participation.
[1973 1st ex.s. c 185 § 7.]
Repealed by 1995 c 347 § 619.
90.62.080 Board review of agency final decision, procedure — Appeal of local government decision — Judicial review.
[1987 c 109 § 156; 1977 c 54 § 6; 1973 1st ex.s. c 185 § 8.]
Repealed by 1995 c 347 § 619.
90.62.090 Application, scope, construction of chapter — Continuation of fee schedules — Collection.
[1977 c 54 § 7; 1973 1st ex.s. c 185 § 9.]
Repealed by 1995 c 347 § 619.
90.62.100 Compliance with local zoning ordinances and plans — Scope — Certification — Other laws not affected.
[1977 c 54 § 8; 1973 1st ex.s. c 185 § 10.]
Repealed by 1995 c 347 § 619.
90.62.110 Rules — Authority — Cooperation enjoined.
[1973 1st ex.s. c 185 § 11.]
Repealed by 1995 c 347 § 619.
90.62.120 Permit requirements information centers — Offices for environmental permit applications — Procedures.
[1973 1st ex.s. c 185 § 12.]
Repealed by 1995 c 347 § 619.
90.62.130 Modifications to master application — Authorized — Rules to set forth guidelines, limitations.
[1977 c 54 § 9.]
Repealed by 1995 c 347 § 619.
90.62.900 Report to legislature.
[1973 1st ex.s. c 185 § 13.]
Repealed by 1995 c 347 § 619.
90.62.901 Conflicts with federal requirements — Compliance with federal laws.
[1973 1st ex.s. c 185 § 14.]
Repealed by 1995 c 347 § 619.
90.62.904 Liberal construction.
[1973 1st ex.s. c 185 § 15.]
Repealed by 1995 c 347 § 619.
90.62.905 Short title.
[1973 1st ex.s. c 185 § 16.]
Repealed by 1995 c 347 § 619.
90.62.906 Effective date — 1973 1st ex.s. c 185.
[1973 1st ex.s. c 185 § 18.]
Repealed by 1995 c 347 § 619.
90.62.907 Severability — 1973 1st ex.s. c 185.
[1973 1st ex.s. c 185 § 19.]
Repealed by 1995 c 347 § 619.
90.62.908 Severability — 1977 c 54.
[1977 c 54 § 10.]
Repealed by 1995 c 347 § 619.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.64 DAIRY NUTRIENT MANAGEMENT

Sections
90.64.015 Environmental excellence program agreements — Effect on chapter.
[1997 c 381 § 29.]
Repealed by 2009 c 143 § 3.
90.64.060 Resolution of complaints.
[1993 c 221 § 7.]
Repealed by 1998 c 262 § 19.
90.64.090 Compliance levels — Duties of conservation district — Duties of department.
[1993 c 221 § 10.]
Repealed by 1998 c 262 § 20.
90.64.140 Technical assistance teams — Standards and specifications for dairy nutrient management plans.
[1998 c 262 § 10.]
Repealed by 2009 c 143 § 3.
90.64.160 Grants for dairy producers — Statement of environmental benefits — Development of outcome-focused performance measures.
[2001 c 227 § 4.]
Repealed by 2009 c 143 § 3.
90.64.810 Dairy nutrient management task force.
[2000 c 147 § 1.]
Expired June 30, 2004.
90.64.811 Dairy nutrient management task force — Recommendations.
[2000 c 147 § 2.]
Expired June 30, 2004.
90.64.813 Livestock nutrient management program development and oversight committee.
[2003 c 325 § 2.]
Expired June 30, 2006.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.66 FAMILY FARM WATER ACT

Sections
90.66.910 Severability-Initiative Measure No. 59.
[1979 c 3 § 10 (Initiative Measure No. 59, approved November 8, 1977).]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.71 PUGET SOUND WATER QUALITY PROTECTION

Sections
90.71.005 Findings.
[1998 c 246 § 13; 1996 c 138 § 1.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.015 Environmental excellence program agreements — Effect on chapter.
[1997 c 381 § 30.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.020 Puget Sound action team.
[1998 c 246 § 14; 1996 c 138 § 3.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.030 Puget Sound council.
[1999 c 241 § 3; 1996 c 138 § 4.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.040 Chair of action team.
[1996 c 138 § 5.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.050 Work plans.
[1998 c 246 § 15; 1996 c 138 § 6.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.070 Work plan implementation.
[1996 c 138 § 8.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.080 Public participation.
[1996 c 138 § 9.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.090 Senior environmental corps — Authority powers and duties.
[1992 c 63 § 15. Formerly RCW 90.70.027.]
Repealed by 2005 c 136 § 18, effective July 1, 2005.
90.71.100 Shellfish - on-site sewage grant program — Priority areas — Memorandum of understanding.
[2007 c 341 § 43; 2001 c 273 § 3.]
Recodified as RCW 70.118.140 pursuant to 2007 c 341 § 66, effective July 1, 2007.
90.71.900 Short title — 1996 c 138.
[1996 c 138 § 15.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.901 Captions not law.
[1996 c 138 § 14.]
Repealed by 2007 c 341 § 67, effective July 1, 2007.
90.71.902 Implementation and requirements of plan not affected by repeal — 1990 c 115.
[1990 c 115 § 13. Formerly RCW 90.70.902.]
Decodified pursuant to 2007 c 341 § 65, effective July 1, 2007.
90.71.903 Transfer of powers, duties, and functions — References to executive director or Puget Sound water quality authority.
[1996 c 138 § 11.]
Decodified pursuant to 2007 c 341 § 65, effective July 1, 2007.
90.71.905 Captions not law.
[2007 c 341 § 42.]
Decodified by the code reviser, July 2016.
90.71.906 Severability-2007 c 341.
[2007 c 341 § 69.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.72 SHELLFISH PROTECTION DISTRICTS

Sections
90.72.010 Legislative encouragement.
[1985 c 417 § 1.]
Repealed by 1992 c 100 § 9.
90.72.050 Coordination of plans and programs.
[1985 c 417 § 5.]
Repealed by 1992 c 100 § 9.
90.72.905 Severability-1992 c 100.
[1992 c 100 § 10.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.76 UNDERGROUND STORAGE TANKS

Sections
90.76.005 Findings-Intent.
[2007 c 147 § 1; 1989 c 346 § 1.]
Recodified as RCW 70A.355.005 pursuant to 2020 c 20 § 2071.
90.76.010 Definitions.
[2013 c 144 § 53; 2011 c 298 § 39; 2007 c 147 § 2; 1998 c 155 § 1; 1989 c 346 § 2.]
Recodified as RCW 70A.355.010 pursuant to 2020 c 20 § 2071.
90.76.020 Department's powers and duties-Rule-making authority.
[2013 c 144 § 54; 2011 c 298 § 40; 2007 c 147 § 3; 1998 c 155 § 2; 1989 c 346 § 3.]
Recodified as RCW 70A.355.020 pursuant to 2020 c 20 § 2071.
90.76.030 Administration and enforcement program.
[1989 c 346 § 4.]
Repealed by 1998 c 155 § 9.
90.76.040 Environmentally sensitive areas.
[2020 c 20 § 1510; 1998 c 155 § 3; 1989 c 346 § 5.]
Recodified as RCW 70A.355.030 pursuant to 2020 c 20 § 2071.
90.76.050 Delivery of regulated substances.
[2020 c 20 § 1511; 2007 c 147 § 4; 1998 c 155 § 4; 1989 c 346 § 6.]
Recodified as RCW 70A.355.040 pursuant to 2020 c 20 § 2071.
90.76.060 Investigation and access.
[1998 c 155 § 5; 1989 c 346 § 7.]
Recodified as RCW 70A.355.050 pursuant to 2020 c 20 § 2071.
90.76.070 Enforcement.
[2020 c 20 § 1512; 2007 c 147 § 5; 1989 c 346 § 8.]
Recodified as RCW 70A.355.060 pursuant to 2020 c 20 § 2071.
90.76.080 Penalties.
[2007 c 147 § 6; 1995 c 403 § 639; 1989 c 346 § 9.]
Recodified as RCW 70A.355.070 pursuant to 2020 c 20 § 2071.
90.76.090 Annual tank fee.
[2020 c 20 § 1513; 2007 c 147 § 7; 1998 c 155 § 6; 1989 c 346 § 10.]
Recodified as RCW 70A.355.080 pursuant to 2020 c 20 § 2071.
90.76.100 Underground storage tank account.
[2020 c 20 § 1514; 1991 sp.s. c 13 § 72; 1989 c 346 § 11.]
Recodified as RCW 70A.355.090 pursuant to 2020 c 20 § 2071.
90.76.110 Preemption.
[2020 c 20 § 1515; 2007 c 147 § 8; 1991 c 83 § 1; 1989 c 346 § 12.]
Recodified as RCW 70A.355.100 pursuant to 2020 c 20 § 2071.
90.76.120 Annual report.
[1989 c 346 § 13.]
Repealed by 2007 c 147 § 12.
90.76.900 Captions not law.
[1989 c 346 § 15.]
Recodified as RCW 70A.355.900 pursuant to 2020 c 20 § 2071.
90.76.901 Severability-1989 c 346.
[1989 c 346 § 14.]
Recodified as RCW 70A.355.901 pursuant to 2020 c 20 § 2071.
90.76.902 Effective date-1989 c 346.
[2020 c 20 § 1516; 1989 c 346 § 18.]
Recodified as RCW 70A.355.902 pursuant to 2020 c 20 § 2071.
90.76.903 Expiration date — 1989 c 346.
[1989 c 346 § 17.]
Repealed by 1998 c 155 § 9.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.78 HIGHWAY-RELATED STORM WATER MANAGEMENT

Sections
90.78.005 Findings — Intent.
[1999 c 242 § 1; 1996 c 285 § 2.]
Expired July 1, 2003, pursuant to 1996 c 285 § 5.
90.78.010 Storm water management funding and implementation program for highway and roadway-related problems.
[1999 c 242 § 2; 1996 c 285 § 3.]
Expired July 1, 2003, pursuant to 1996 c 285 § 5.
90.78.020 Grants to implement highway and roadway-related storm water control measures — Oversight by committee.
[1999 c 242 § 3; 1996 c 285 § 4.]
Expired July 1, 2003, pursuant to 1996 c 285 § 5.
90.78.900 Expiration of chapter.
[1996 c 285 § 5.]
Expired July 1, 2003, pursuant to 1996 c 285 § 5.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.80 WATER CONSERVANCY BOARDS

Sections
90.80.900 Severability-1997 c 441.
[1997 c 441 § 20.]
Decodified by the code reviser, July 2016.
90.80.901 Reports to the legislature.
[2001 c 237 § 32.]
Repealed by 2014 c 76 § 14.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.82 WATERSHED PLANNING

Sections
90.82.900 Part headings not law-1997 c 442.
[1997 c 442 § 803.]
Decodified by the code reviser, July 2016.
90.82.901 Severability-1997 c 442.
[1997 c 442 § 805.]
Decodified by the code reviser, July 2016.
90.82.902 Captions not law-1998 c 247.
[1998 c 247 § 15.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › RCW Dispositions › 90.92 PILOT LOCAL WATER MANAGEMENT PROGRAM

Sections
90.92.010 Findings.
[2019 c 78 § 1; 2009 c 183 § 1.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.020 Definitions.
[2009 c 183 § 2.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.030 Establishing a water management board.
[2009 c 183 § 3.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.040 Composition of board-Members' terms-Policy advisory group-Conflicts of interest.
[2009 c 183 § 4.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.050 Board's authorities, duties, and responsibilities.
[2019 c 78 § 2; 2009 c 183 § 5.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.060 Report to the legislature.
[2019 c 78 § 3; 2009 c 183 § 6.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.070 Water banking.
[2009 c 183 § 7.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.080 Local water plan-Board to adopt guidelines and criteria for filing, review, and approval-Annual reports-Term.
[2009 c 183 § 8.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.090 Local water plan-Public notice period-Other requirements.
[2009 c 183 § 9.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.100 Appeal-Review of a claim of impairment.
[2009 c 183 § 10.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.110 Local water plan-Expiration-Making elements of the local water plan permanent.
[2009 c 183 § 11.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.120 Local water plan-Status of water rights.
[2009 c 183 § 12.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
90.92.130 Location of pilot program.
[2009 c 183 § 13.]
Expired June 30, 2021, pursuant to 2009 c 183 § 20 and 2019 c 78 § 4.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.005 - State water policy—Cooperation with other agencies—Reduction of wasteful practices.

RCW 90.03.005
State water policy—Cooperation with other agencies—Reduction of wasteful practices.
It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural values and rights. Consistent with this policy, the state supports economically feasible and environmentally sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities. Further, based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account sound principles of water management, the benefits and costs of improved water use efficiency, and the most effective use of public and private funds, and, when appropriate, to work to that end in concert with the agencies of the United States and other public and private entities.
[ 1989 c 348 § 2; 1979 ex.s. c 216 § 8.]
NOTES:
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.010 - Appropriation of water rights—Existing rights preserved.

RCW 90.03.010
Appropriation of water rights—Existing rights preserved.
The power of the state to regulate and control the waters within the state shall be exercised as hereinafter in this chapter provided. Subject to existing rights all waters within the state belong to the public, and any right thereto, or to the use thereof, shall be hereafter acquired only by appropriation for a beneficial use and in the manner provided and not otherwise; and, as between appropriations, the first in time shall be the first in right. Nothing contained in this chapter shall be construed to lessen, enlarge, or modify the existing rights of any riparian owner, or any existing right acquired by appropriation, or otherwise. They shall, however, be subject to condemnation as provided in RCW 90.03.040, and the amount and priority thereof may be determined by the procedure set out in RCW 90.03.110 through 90.03.240.
[ 1917 c 117 § 1; RRS § 7351. Prior: 1891 p 127 § 1. Formerly RCW 90.04.020.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.015 - Definitions.

RCW 90.03.015
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of ecology.
(3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes.
(4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes by a city, town, public utility district, county, sewer district, or water district; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. If a governmental entity holds a water right that is for the purposes listed in (a), (b), or (c) of this subsection, its use of water or its delivery of water for any other beneficial use generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes.
(5) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.
[ 2003 1st sp.s. c 5 § 1; 1987 c 109 § 65.]
NOTES:
Severability—2003 1st sp.s. c 5: "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." [ 2003 1st sp.s. c 5 § 19.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.020 - Units of water measurement.

RCW 90.03.020
Units of water measurement.
The legally recognized units of water measurement shall be as follows: For flowing water—one cubic foot of water per second of time, and to be designated "secondfoot." For absolute volume or quantity of water—forty-three thousand five hundred sixty cubic feet of water, and to be designated "acrefoot."
[ 1917 c 117 § 2; RRS § 7352. Prior: 1890 p 729 § 1. Formerly RCW 90.04.010, part.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.030 - Right to convey water along lake or stream—Conveyance to intake structure in neighboring state.

RCW 90.03.030
Right to convey water along lake or stream—Conveyance to intake structure in neighboring state.
Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepage, the amount of such seepage to be determined by the department, upon the application of any person interested. Water conveyed under this section may be conveyed to an approved intake structure located in a neighboring state in order to accomplish an approved modification of the point of diversion in a permit to appropriate water for a beneficial use, if approval of the neighboring state is documented to the satisfaction of the department.
[ 1999 c 232 § 3; 1987 c 109 § 68; 1917 c 117 § 3; RRS § 7353. Formerly RCW 90.28.050.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.040 - Eminent domain—Use of water declared public use.

RCW 90.03.040
Eminent domain—Use of water declared public use.
The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge existing structures employed for the public purposes mentioned in this chapter and use the same in common with the former owner, and including the right and power to condemn an inferior use of water for a superior use. In condemnation proceedings the court shall determine what use will be for the greatest public benefit, and that use shall be deemed a superior one: PROVIDED, That no property right in water or the use of water shall be acquired hereunder by condemnation for irrigation purposes, which shall deprive any person of such quantity of water as may be reasonably necessary for the irrigation of his or her land then under irrigation to the full extent of the soil, by the most economical method of artificial irrigation applicable to such land according to the usual methods of artificial irrigation employed in the vicinity where such land is situated. In any case, the court shall determine what is the most economical method of irrigation. Such property or rights shall be acquired in the manner provided by law for the taking of private property for public use by private corporations.
[ 2013 c 23 § 592; 1917 c 117 § 4; RRS § 7354. Formerly RCW 90.04.030.]
NOTES:
Eminent domain by corporations: Chapter 8.20 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.060 - Water masters—Appointment, compensation.

RCW 90.03.060
Water masters—Appointment, compensation.
(1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require them. The districts for or in which the water masters serve shall be designated water master districts, which shall be fixed from time to time by the department, as required, and they shall be subject to revision as to boundaries or to complete abandonment as local conditions may indicate to be expedient, the spirit of this provision being that no district shall be created or continued where the need for the same does not exist. Water masters shall be supervised by the department, shall be compensated for services from funds of the department, and shall be technically qualified to the extent of understanding the elementary principals of hydraulics and irrigation, and of being able to make water measurements in streams and in open and closed conduits of all characters, by the usual methods employed for that purpose. Counties and municipal and public corporations of the state are authorized to contribute moneys to the department to be used as compensation to water masters in carrying out their duties. All such moneys received by the department shall be used exclusively for said purpose.
(2) A water master may be appointed by the department for a watershed management area for which a plan adopted by a planning unit and by the counties with territory in the watershed management area under RCW 90.82.130 contains a requirement or request that a water master be appointed, subject to availability of state or nonstate funding.
[ 1999 c 237 § 1; 1987 c 109 § 69; 1967 c 80 § 1; 1947 c 123 § 2; 1917 c 117 § 9; Rem. Supp. 1947 § 7359. Formerly RCW 90.08.010.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Stream patrollers (approval, supervision of, by water masters): Chapter 90.08 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.070 - Water masters—Duties—Office space and equipment—Clerical assistance.

RCW 90.03.070
Water masters—Duties—Office space and equipment—Clerical assistance.
It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water supply of his or her district among the several water conduits and reservoirs using said supply, according to the right and priority of each, respectively. He or she shall divide, regulate, and control the use of water within his or her district by such regulation of headgates, conduits, and reservoirs as shall be necessary to prevent the use of water in excess of the amount to which the owner of the right is lawfully entitled. Whenever, in the pursuance of his or her duties, the water master regulates a headgate of a water conduit or the controlling works of a reservoir, he or she shall attach to such headgate or controlling works a written notice, properly dated and signed, stating that such headgate or controlling works has been properly regulated and is wholly under his or her control and such notice shall be a legal notice to all parties. In addition to dividing the available waters and supervising the stream patroller in his or her district, he or she shall enforce such rules and regulations as the department shall from time to time prescribe.
The county or counties in which water master districts are created shall deputize the water masters appointed hereunder, and may without charge provide to each water master suitable office space, supplies, equipment, and clerical assistance as are necessary to the water master in the performance of his or her duties.
[ 2013 c 23 § 593; 1987 c 109 § 70; 1967 c 80 § 2; 1917 c 117 § 10; RRS § 7360. Formerly RCW 90.08.020.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Water master's power of arrest: RCW 90.03.090.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.090 - Water master's power of arrest.

RCW 90.03.090
Water master's power of arrest.
The water master shall have the power, within his or her district, to arrest any person in the act of violating any of the provisions of this chapter and to deliver such person promptly into the custody of the sheriff or other competent officer within the county and immediately upon such delivery the water master making the arrest shall, in writing and upon oath, make complaint before the proper district judge against the person so arrested.
[ 1987 c 202 § 250; 1917 c 117 § 12; RRS § 7362. Formerly RCW 90.08.030.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.100 - Prosecuting attorney, legal assistant.

RCW 90.03.100
Prosecuting attorney, legal assistant.
It shall be the duty of the prosecuting attorney of any county to appear for or on behalf of the department or any water master, upon request of any such officer in any case which may arise in the performance of the official duties of any such officer within the jurisdiction of said prosecuting attorney.
[ 1987 c 109 § 71; 1917 c 117 § 13; RRS § 7363.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Attorney general to represent state, agencies, etc.: RCW 43.10.040.
Prosecuting attorney, duties: RCW 36.27.020(3), (4).
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.105 - Petition by planning units for general adjudication.

RCW 90.03.105
Petition by planning units for general adjudication.
The legislature finds that the lack of certainty regarding water rights within a water resource basin may impede management and planning for water resources. The legislature further finds that planning units conducting water resource planning under chapter 90.82 RCW may find that the certainty provided by a general adjudication of water rights under this chapter is required for water planning or water management in a water resource inventory area or in a portion of the area. Therefore, such planning units may petition the department to conduct such a general adjudication and the department shall give high priority to such a request in initiating any such general adjudications under this chapter.
[ 1997 c 442 § 301.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.110 - Determination of water rights—Petition—Statement and plan.

RCW 90.03.110
Determination of water rights—Petition—Statement and plan.
(1) Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall prepare a statement of the facts, together with a plan or map of the locality under investigation, and file such statement and plan or map in the superior court of the county in which said water is situated, or, in case such water flows or is situated in more than one county, in the county which the department shall determine to be the most convenient to the parties interested therein. Such a statement shall:
(a) Either (i) identify each person or entity owning real property situated within the area to be adjudicated but outside the boundaries of a city, town, or special purpose district that provides water to property within its service area; (ii) identify all known persons claiming a right to the water sought to be determined; or (iii) identify both; and
(b) Include a brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto.
(2) Prior to filing an adjudication under this chapter, the department shall:
(a) Consult with the administrative office of the courts to determine whether sufficient judicial resources are available to commence and to prosecute the adjudication in a timely manner; and
(b) Report to the appropriate committees of the legislature on the estimated budget needs for the court and the department to conduct the adjudication.
[ 2009 c 332 § 1; 1987 c 109 § 72; 1917 c 117 § 14; RRS § 7364. Formerly RCW 90.12.010.]
NOTES:
Application—2009 c 332: "Except for section 14 of this act, this act applies only to adjudications initiated after July 26, 2009." [ 2009 c 332 § 21.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Additional powers and duties enumerated—Payment for from reclamation account: RCW 89.16.055.
Application of RCW sections to specific proceedings: RCW 90.14.200.
Schedule of fees: RCW 90.03.470.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.130 - Determination of water rights—Service of summons.

RCW 90.03.130
Determination of water rights—Service of summons.
(1) Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions commenced in the superior courts of the state: PROVIDED, That as an alternative to personal service, service may be made by certified mail, with return receipt signed and dated by defendant, a spouse of a defendant, or another person authorized to accept service. If the defendants, or either of them, cannot be found within the state of Washington, of which the return of the sheriff of the county in which the proceeding is pending or the failure to sign a receipt for certified mail shall be prima facie evidence, upon the filing of an affidavit by the department, or its attorney, in conformity with the statute relative to the service of summons by publication in civil actions, such service may be made by publication in a newspaper of general circulation in the county in which such proceeding is pending, and also publication of said summons in a newspaper of general circulation in each county in which any portion of the water is situated, once a week for six consecutive weeks (six publications). Except as provided in subsection (3) of this section, the summons by publication shall state that adjudication claims must be filed within sixty days after the last publication or before the return date, whichever is later. In cases where personal service or service by certified mail is had, summons must be served at least 60 days before the return day thereof. For summons by certified mail, completion of service occurs upon the date of receipt by the defendant.
(2) Personal service of summons may be made by department of ecology employees for actions pertaining to water rights.
(3) For an adjudication filed in water resource inventory area 1 after June 1, 2023, any summons shall state that adjudication claims must be within the time frame set pursuant to RCW 90.03.120, unless special rules of procedure established by the court pursuant to RCW 90.03.160(3) provide for a later date.
[ 2023 c 160 § 2; 2009 c 332 § 6; 1987 c 109 § 74; 1979 ex.s. c 216 § 2; 1977 ex.s. c 357 § 2; 1929 c 122 § 1; 1917 c 117 § 16; RRS § 7366. Formerly RCW 90.12.030.]
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.
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
Commencement of actions (service of summons): Chapter 4.28 RCW.
Manner of publication and form of summons: RCW 4.28.110.
Service of summons by publication—When authorized: RCW 4.28.100.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.150 - Determination of water rights—Guardian ad litem for defendant.

RCW 90.03.150
Determination of water rights—Guardian ad litem for defendant.
Whenever any defendant in any proceeding instituted under this chapter is an infant, or an alleged incompetent or disabled person for whom the court has not yet appointed either a guardian or a limited guardian, the court shall appoint a guardian ad litem for such minor or alleged incompetent or disabled defendant.
[ 1977 ex.s. c 80 § 75; 1917 c 117 § 18; RRS § 7368. Formerly RCW 90.12.050.]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Guardian ad litem
for infant: RCW 4.08.050.
for incapacitated person: RCW 4.08.060.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.]