reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.138 - Construction—2003 c 144.

RCW 90.42.138
Construction—2003 c 144.
Nothing in chapter 144, Laws of 2003 may be construed to:
(1) Affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under state or federal law;
(2) Affect or modify the rights or jurisdictions of the United States, the state of Washington, the Yakama Nation, or other person or entity over waters of any river or stream or over any groundwater resource;
(3) Alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the states;
(4) Alter, establish, or impair the respective rights of states, the United States, the Yakama Nation, or any other person or entity with respect to any water or water-related right;
(5) Alter, diminish, or abridge the rights and obligations of any federal, state, or local agency, the Yakama Nation, or other person or entity;
(6) Affect or modify the rights of the Yakama Indian Nation or its successors in interest to, and management and regulation of, those water resources arising or used, within the external boundaries of the Yakama Indian Reservation;
(7) Affect or modify the settlement agreement between the United States and the state of Washington filed in Yakima county superior court with regard to federal reserved water rights other than those rights reserved by the United States for the benefit of the Yakama Indian Nation and its members; or
(8) Affect or modify the rights of any federal, state, or local agency, the Yakama Nation, or any other person or entity, public or private, with respect to any unresolved and unsettled claims in any water right adjudications, or court decisions, including State v. Acquavella, or constitute evidence in any such proceeding in which any water or water-related right is adjudicated.
[ 2003 c 144 § 7.]
NOTES:
Effective date—2003 c 144: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.150 - Recovery of department's costs associated with water service contracts with federal agencies.

RCW 90.42.150
Recovery of department's costs associated with water service contracts with federal agencies.
Costs incurred by the department associated with water service contracts with federal agencies may be recovered by the department from persons withdrawing water or credits for water associated with water banking purposes as a condition of the exercise of a water right supplied from a federal water project.
[ 2009 c 283 § 6.]
NOTES:
Findings—Intent—2009 c 283: See note following RCW 90.42.100.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.160 - Adoption of rules.

RCW 90.42.160
Adoption of rules.
The department may adopt rules as necessary to implement this chapter.
[ 2009 c 283 § 8.]
NOTES:
Findings—Intent—2009 c 283: See note following RCW 90.42.100.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.170 - Water banking—Department must maintain information on its website.

RCW 90.42.170
Water banking—Department must maintain information on its website.
(1)(a) The department must maintain information on its website regarding water banking, including information on water banks and related programs in various areas of the state.
(b) The information maintained on the department's website under this subsection must include a schedule or table for each water bank that shows:
(i) The amount charged for mitigation, including any fees;
(ii) If applicable, the priority date of the water rights made available for mitigation;
(iii) The amount of water made available for mitigation;
(iv) If applicable, any geographic areas in the state where the department may issue permits or other approvals to use the water rights associated with the water bank as mitigation;
(v) The processes utilized by the water bank to obtain approval from the department, or any other applicable governmental agency, to use the water rights as mitigation for new water uses; and
(vi) The nature of the ownership interest of the water right available to be conveyed to the landowner and whether the ownership interest will be recorded on the title.
(2) The department must update the schedule or table required under this section on a quarterly basis, using information provided to the department by the operator of each water bank. Any person operating a water bank in Washington must provide the information required under this section to the department upon request.
[ 2016 c 215 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.020 - Purpose of chapter.

RCW 90.44.020
Purpose of chapter.
This chapter regulating and controlling groundwaters of the state of Washington shall be supplemental to chapter 90.03 RCW, which regulates the surface waters of the state, and is enacted for the purpose of extending the application of such surface water statutes to the appropriation and beneficial use of groundwaters within the state.
[ 1945 c 263 § 1; Rem. Supp. 1945 § 7400-1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.030 - Chapter not to affect surface water rights.

RCW 90.44.030
Chapter not to affect surface water rights.
The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be affected or impaired by any of the provisions of this supplementary chapter and, to the extent that any underground water is part of or tributary to the source of any surface stream or lake, or that the withdrawal of groundwater may affect the flow of any spring, water course, lake, or other body of surface water, the right of an appropriator and owner of surface water shall be superior to any subsequent right hereby authorized to be acquired in or to groundwater.
[ 1945 c 263 § 2; Rem. Supp. 1945 § 7400-2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.035 - Definitions.

RCW 90.44.035
Definitions.
For purposes of this chapter:
(1) "Department" means the department of ecology;
(2) "Director" means the director of ecology;
(3) "Groundwaters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. There is a recognized distinction between natural groundwater and artificially stored groundwater;
(4) "Natural groundwater" means water that exists in underground storage owing wholly to natural processes;
(5) "Artificially stored groundwater" means water that is made available in underground storage artificially, either intentionally, or incidentally to irrigation and that otherwise would have been dissipated by natural processes; and
(6) "Underground artificial storage and recovery project" means any project in which it is intended to artificially store water in the ground through injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water. However, (a) this subsection does not apply to irrigation return flow, or to operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the construction, operation, or maintenance of an irrigation district project, or to projects involving water reclaimed in accordance with chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of claimed artificial recharge occurring due to the construction, operation, or maintenance of an irrigation district project or operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial recharge already existing at the time a groundwater subarea is established.
[ 2000 c 98 § 2; 1987 c 109 § 107; 1973 c 94 § 2; 1945 c 263 § 3; RRS § 7400-3. Formerly RCW 90.44.010.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Purpose—1973 c 94: "It is the purpose of this 1973 amendatory act to state as well as reaffirm the intent of the legislature that "groundwaters," as defined in chapter 263, Laws of 1945, means all waters within the state existing beneath the land surface, and to remove any possible ambiguity which may exist as a result of the dissenting opinion in State v. Ponten, 77 Wn.2d 463 (1969), or otherwise, with regard to the meaning of "groundwaters" in the present wording of RCW 90.44.035. The definition set forth in section 2 of this 1973 amendatory act accords with the interpretation given by all of the various administrative agencies having responsibility for administration of the act since its enactment in 1945." [ 1973 c 94 § 1.] This applies to the amendment to RCW 90.44.035 by 1973 c 94 § 2.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.040 - Public groundwaters subject to appropriation.

RCW 90.44.040
Public groundwaters subject to appropriation.
Subject to existing rights, all natural groundwaters of the state as defined in RCW 90.44.035, also all artificial groundwaters that have been abandoned or forfeited, are hereby declared to be public groundwaters and to belong to the public and to be subject to appropriation for beneficial use under the terms of this chapter and not otherwise.
[ 1945 c 263 § 4; Rem. Supp. 1945 § 7400-4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.050 - Permit to withdraw.

RCW 90.44.050
Permit to withdraw.
After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public groundwaters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of groundwaters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons a day.
[ 2003 c 307 § 1; 1987 c 109 § 108; 1947 c 122 § 1; 1945 c 263 § 5; Rem. Supp. 1947 § 7400-5.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.052 - Whitman county clustered residential developments pilot project—Exemption from permit requirements.

RCW 90.44.052
Whitman county clustered residential developments pilot project—Exemption from permit requirements.
(1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources in the county and maintain information regarding the pilot project on its website.
(2) For the pilot project, the domestic use of water for a clustered residential development is exempt from the permit requirements of RCW 90.44.050 for an amount of water that is not more than one thousand two hundred gallons a day per residence for a residential development that has an overall density equal to or less than one residence per ten acres and a minimum of six homes.
(3) No new right to use water may be established for a clustered development under this section where the first residential use of water for the development begins after December 31, 2015.
[ 2014 c 76 § 10; 2003 c 307 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.055 - Applications for water right or amendment—Consideration of water impoundment or other resource management technique.

RCW 90.44.055
Applications for water right or amendment—Consideration of water impoundment or other resource management technique.
The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of groundwater that may occur, as a means of making water available or otherwise offsetting the impact of the withdrawal of groundwater proposed in the application for the water right or amendment in the same water resource inventory area. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not be made by the department as a condition for approving an application that does not include such provision.
This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.
[ 1997 c 360 § 3; 1996 c 306 § 2.]
NOTES:
Findings—Purpose—1997 c 360: See note following RCW 90.03.255.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.060 - Laws governing withdrawal.

RCW 90.44.060
Laws governing withdrawal.
Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340, as amended, the provisions of which sections are hereby extended to govern and to apply to groundwater, or groundwater right certificates and to all permits that shall be issued pursuant to such applications, and the rights to the withdrawal of groundwater acquired thereby shall be governed by RCW 90.03.250 through 90.03.340, inclusive: PROVIDED, That each application to withdraw public groundwater by means of a well or wells shall set forth the following additional information: (1) the name and post office address of the applicant; (2) the name and post office address of the owner of the land on which such well or wells or works will be located; (3) the location of the proposed well or wells or other works for the proposed withdrawal; (4) the groundwater area, sub-area, or zone from which withdrawal is proposed, provided the department has designated such area, sub-area, or zone in accord with RCW 90.44.130; (5) the amount of water proposed to be withdrawn, in gallons a minute and in acre feet a year, or millions of gallons a year; (6) the depth and type of construction proposed for the well or wells or other works: AND PROVIDED FURTHER, That any permit issued pursuant to an application for constructing a well or wells to withdraw public groundwater may specify an approved type and manner of construction for the purposes of preventing waste of said public waters and of conserving their head.
[ 1987 c 109 § 109; 1945 c 263 § 6; Rem. Supp. 1945 § 7400-6.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.062 - Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.

RCW 90.44.062
Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.
The permit requirements of RCW 90.44.060 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of RCW 90.46.120 and do not apply to the use of agricultural industrial process water as provided under RCW 90.46.150.
[ 2001 c 69 § 7; 1997 c 444 § 3.]
NOTES:
Severability—1997 c 444: See note following RCW 90.46.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.070 - Limitations on granting permit.

RCW 90.44.070
Limitations on granting permit.
No permit shall be granted for the development or withdrawal of public groundwaters beyond the capacity of the underground bed or formation in the given basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, or within a reasonable or feasible reduction of pressure in the case of artesian developments. The department shall have the power to determine whether the granting of any such permit will injure or damage any vested or existing right or rights under prior permits and may in addition to the records of the department, require further evidence, proof, and testimony before granting or denying any such permits.
[ 1987 c 109 § 110; 1945 c 263 § 7; Rem. Supp. 1945 § 7400-7.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.080 - Certificate—Showing required.

RCW 90.44.080
Certificate—Showing required.
Upon a showing to the department that construction has been completed in compliance with the terms of any permit issued under the provisions of this chapter, it shall be the duty of the department to issue to the permittee a certificate of groundwater right stating that the appropriation has been perfected under such permit: PROVIDED, HOWEVER, That such showing shall include the following information: (1) the location of each well or other means of withdrawal constructed under the permit, both with respect to official land surveys and in terms of distance and direction to any preexisting well or wells or works constructed under an earlier permit or approved declaration of a vested right, provided the distance to such preexisting well or works is not more than a quarter of a mile; (2) the depth and diameter of each well or the depth and general specifications of any other works constructed under the terms of the permit; (3) the thickness in feet and the physical character of each bed, stratum, or formation penetrated by each well; (4) the length and position, in feet below the land surface, and the commercial specifications of all casing, also of each screen or perforated zone in the casing of each well constructed; (5) the tested capacity of each well in gallons a minute, as determined by measuring the discharge of the pump or pumps after continuous operation for at least four hours or, in the case of a flowing well, by measuring the natural flow at the land surface; (6) for each nonflowing well, the depth to the static groundwater level as measured in feet below the land surface immediately before the well-capacity test herein provided, also the draw-down of the water level, in feet, at the end of said well-capacity test; (7) for each flowing well, the shut-in pressure measured in feet above the land surface or in pounds per square inch at the land surface; and (8) such additional factual information as reasonably may be required by the department to establish compliance with the terms of the permit and with the provisions of this chapter.
The well driller or other constructor of works for the withdrawal of public groundwaters shall be obligated to furnish the permittee a certified record of the factual information necessary to show compliance with the provisions of this section.
[ 1987 c 109 § 111; 1945 c 263 § 8; Rem. Supp. 1945 § 7400-8.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.110 - Waste of water prohibited—Exceptions.

RCW 90.44.110
Waste of water prohibited—Exceptions.
No public groundwaters that have been withdrawn shall be wasted without economical beneficial use. The department shall require all wells producing waters which contaminate other waters to be plugged or capped. The department shall also require all flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use under the terms of their respective permits or approved declarations of vested rights. Likewise, the department shall also require both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of public groundwaters through leaky casings, pipes, fittings, valves, or pumps—either above or below the land surface: PROVIDED, HOWEVER, That the withdrawal of reasonable quantities of public groundwater in connection with the construction, development, testing, or repair of a well shall not be construed as waste; also, that the inadvertent loss of such water owing to breakage of a pump, valve, pipe, or fitting shall not be construed as waste if reasonable diligence is shown by the permittee in effecting the necessary repair.
In the issuance of an original permit, or of an amendment to an original permit or certificate of vested right to withdraw and appropriate public groundwaters under the provisions of this chapter, the department may, as in his or her judgment is necessary, specify for the proposed well or wells or other works a manner of construction adequate to accomplish the provisions of this section.
[ 2013 c 23 § 611; 1987 c 109 § 114; 1949 c 63 § 1; 1945 c 263 § 11; Rem. Supp. 1949 § 7400-11.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.120 - Penalty for waste or unauthorized use of water.

RCW 90.44.120
Penalty for waste or unauthorized use of water.
The unauthorized use of groundwater to which another person is entitled, or the wilful or negligent waste of groundwater, or the failure, when required by the department, to cap flowing wells or equip the same with valves, fittings, or casings to prevent waste of groundwaters, or to cap or plug wells producing waters which contaminate other waters, shall be a misdemeanor.
[ 1987 c 109 § 115; 1949 c 63 § 2; 1947 c 122 § 3; Rem. Supp. 1949 § 7400-11A.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.180 - Hearing to adjust supply to current needs.

RCW 90.44.180
Hearing to adjust supply to current needs.
At any time the department may hold a hearing on its own motion, and shall hold a hearing upon petition of at least fifty or one-fourth, whichever is the lesser number, of the holders of valid rights to withdraw public groundwaters from any designated groundwater area, sub-area, or zone, to determine whether the water supply in such area, sub-area, or zone is adequate for the current needs of all such holders. Notice of any such hearing, and the findings and order resulting therefrom shall be published in the manner prescribed in RCW 90.44.130 with respect to the designation or modification of a groundwater area, or sub-area, or zone.
If such hearing finds that the total available supply is inadequate for the current needs of all holders of valid rights to withdraw public groundwaters from the particular groundwater area, sub-area, or zone, the department shall order the aggregate withdrawal from such area, sub-area, or zone decreased so that it shall not exceed such available supply. Such decrease shall conform to the priority of the pertinent valid rights and shall prevail for the term of shortage in the available supply. Except that by mutual agreement among the respective holders and with the department, the ordered decrease in aggregate withdrawal may be accomplished by the waiving of all or some specified part of a senior right or rights in favor of a junior right or rights: PROVIDED, That such waiving of a right or rights by agreement shall not modify the relative priorities of such right or rights as recorded in the department.
[ 1987 c 109 § 117; 1945 c 263 § 13; Rem. Supp. 1945 § 7400-13.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.200 - Water supervisors—Duties—Compensation.

RCW 90.44.200
Water supervisors—Duties—Compensation.
The department, as in its judgment is deemed necessary and advisable, may appoint one or more groundwater supervisors for each designated groundwater area, sub-area, or zone, or may appoint one or more groundwater supervisors-at-large. Within their respective jurisdictions and under the direction of the department, such supervisor and supervisors-at-large shall supervise the withdrawal of public groundwaters and the carrying out of orders issued by the department under the provisions of this chapter.
The duties, compensation, and authority of such supervisors or supervisors-at-large shall be those prescribed for water masters under the terms of RCW 90.03.060 and 90.03.070.
[ 1987 c 109 § 118; 1945 c 263 § 15; Rem. Supp. 1945 § 7400-15.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.220 - Petition to conduct an adjudication to determine rights to water.

RCW 90.44.220
Petition to conduct an adjudication to determine rights to water.
Upon the filing of a petition with the department by a planning unit or by one or more persons claiming a 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 file a petition to conduct an adjudication with the superior court of the county for the determination of the rights of appropriators of any particular groundwater body and all the provisions of RCW 90.03.110 through 90.03.240 and 90.03.620 through 90.03.645, shall govern and apply to the adjudication and determination of such groundwater body and to the ownership thereof. Hereafter, in any proceedings for the adjudication and determination of water rights—either rights to the use of surface water or to the use of groundwater, or both—pursuant to chapter 90.03 RCW, all appropriators of groundwater or of surface water in the particular basin or area may be included as parties to such adjudication, as set forth in chapter 90.03 RCW.
[ 2009 c 332 § 17; 1987 c 109 § 119; 1945 c 263 § 17; Rem. Supp. 1945 § 7400-17.]
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.
Additional powers and duties enumerated—Payment from reclamation account: RCW 89.16.055.
Application of RCW sections to specific proceedings: RCW 90.14.200.
Determination of water rights
scope: RCW 90.03.245.
state to bear its expenses incurred in and on appeal: RCW 90.03.243.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.230 - Effect of findings and judgment.

RCW 90.44.230
Effect of findings and judgment.
In any determination of the right to withdrawal of groundwater under RCW 90.44.220, the department's findings and the court's findings and judgment shall determine the priority of right and the quantity of water to which each appropriator who is a party to the proceedings shall be entitled, shall determine the level below which the groundwater body shall not be drawn down by appropriators, or shall reserve jurisdiction for the determination of a safe sustaining water yield as necessary from time to time to preserve the rights of the several appropriators and to prevent depletion of the groundwater body.
[ 1987 c 109 § 120; 1945 c 263 § 18; Rem. Supp. 1945 § 7400-18.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.250 - Investigations—Reports of appropriators.

RCW 90.44.250
Investigations—Reports of appropriators.
The department is hereby authorized to make such investigations as may be necessary to determine the location, extent, depth, volume, and flow of all groundwaters within the state and in making such examination, hereby is authorized and directed to cooperate with the federal government, with any county or municipal corporation, or any person, firm, association or corporation, and upon such terms as may seem appropriate to it.
In connection with such investigation, the department from time to time may require reports from each groundwater appropriator as to the amount of public groundwater being withdrawn and as to the manner and extent of the beneficial use. Such reports shall be in a form prescribed by the department.
[ 1987 c 109 § 121; 1945 c 263 § 19; Rem. Supp. 1945 § 7400-19. Formerly RCW 90.44.210.]
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 90.44 - Regulation of Public Groundwaters. › 90.44.400 - Groundwater management areas—Purpose—Standards—Identification—Designation.

RCW 90.44.400
Groundwater management areas—Purpose—Standards—Identification—Designation.
(1) This legislation is enacted for the purpose of identifying groundwater management procedures that are consistent with both local needs and state water resource policies and management objectives; including the protection of water quality, assurance of quantity, and efficient management of water resources to meet future needs.
In recognition of existing water rights and the need to manage groundwater aquifers for future use, the department of ecology shall, by rule, establish standards, criteria, and a process for the designation of specific groundwater areas or sub-areas, or separate depth zones within such area or sub-area, and provide for either the department of ecology, local governments, or groundwater users of the area to initiate development of a groundwater management program for each area or sub-area, consistent with state and local government objectives, policies, and authorities. The department shall develop and adopt these rules by January 1, 1986.
(2) The department of ecology, in cooperation with other state agencies, local government, and user groups, shall identify probable groundwater management areas or sub-areas. The department shall also prepare a general schedule for the development of groundwater management programs that recognizes the available local or state agency staff and financial resources to carry out the intent of RCW 90.44.400 through 90.44.420. The department shall also provide the option for locally initiated studies and for local government to assume the lead agency role in developing the groundwater management program and in implementing the provisions of RCW 90.44.400 through 90.44.420. The criteria to guide identification of the groundwater areas or sub-areas shall include but not be limited to, the following:
(a) Aquifer systems that are declining due to restricted recharge or over-utilization;
(b) Aquifer systems in which overappropriation may have occurred and adjudication of water rights has not yet been completed;
(c) Aquifer systems currently being considered for water supply reservation under chapter 90.54 RCW for future beneficial uses;
(d) Aquifers identified as the primary source of supply for public water supply systems;
(e) Aquifers designated as a sole source aquifer by the federal environmental protection agency; and
(f) Geographical areas where land use may result in contamination or degradation of the groundwater quality.
(3) In developing the groundwater management programs, priority shall be given to areas or sub-areas where water quality is imminently threatened.
[ 1985 c 453 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.410 - Requirements for groundwater management programs—Review of programs.

RCW 90.44.410
Requirements for groundwater management programs—Review of programs.
(1) The groundwater area or sub-area management programs shall include:
(a) A description of the specific groundwater area or sub-areas, or separate depth zones within any such area or sub-area, and the relationship of this zone or area to the land use management responsibilities of county government;
(b) A management program based on long-term monitoring and resource management objectives for the area or sub-area;
(c) Identification of water resources and the allocation of the resources to meet state and local needs;
(d) Projection of water supply needs for existing and future identified user groups and beneficial uses;
(e) Identification of water resource management policies and/or practices that may impact the recharge of the designated area or policies that may affect the safe yield and quantity of water available for future appropriation;
(f) Identification of land use and other activities that may impact the quality and efficient use of the groundwater, including domestic, industrial, solid, and other waste disposal, underground storage facilities, or stormwater management practices;
(g) The design of the program necessary to manage the resource to assure long-term benefits to the citizens of the state;
(h) Identification of water quality objectives for the aquifer system which recognize existing and future uses of the aquifer and that are in accordance with department of ecology and department of social and health services drinking and surface water quality standards;
(i) Long-term policies and construction practices necessary to protect existing water rights and subsequent facilities installed in accordance with the groundwater area or sub-area management programs and/or other water right procedures;
(j) Annual withdrawal rates and safe yield guidelines which are directed by the long-term management programs that recognize annual variations in aquifer recharge;
(k) A description of conditions and potential conflicts and identification of a program to resolve conflicts with existing water rights;
(l) Alternative management programs to meet future needs and existing conditions, including water conservation plans; and
(m) A process for the periodic review of the groundwater management program and monitoring of the implementation of the program.
(2) The groundwater area or sub-area management programs shall be submitted for review in accordance with the state environmental policy act.
[ 1988 c 186 § 1; 1985 c 453 § 2.]
NOTES:
Effective date—1988 c 186 § 1: "Section 1 of this act shall take effect June 30, 1998." [ 1988 c 186 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.420 - Groundwater management programs—Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and programs.

RCW 90.44.420
Groundwater management programs—Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and programs.
The department of ecology shall consider the groundwater area or sub-area management plan for adoption in accordance with this chapter and chapter 90.54 RCW.
Upon completion of the groundwater area or sub-area management program, the department of ecology shall hold a public hearing within the designated groundwater management area for the purpose of taking public testimony on the proposed program. Following the public hearing, the department of ecology and affected local governments shall (1) prepare findings which either provide for the subsequent adoption of the program as proposed or identify the revisions necessary to ensure that the program is consistent with the intent of this chapter, and (2) adopt regulations, ordinances, and/or programs for implementing those provisions of the groundwater management program which are within their respective jurisdictional authorities.
[ 1985 c 453 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.430 - Groundwater management programs—Guidance to local governments and certain departments.

RCW 90.44.430
Groundwater management programs—Guidance to local governments and certain departments.
The department of ecology, the department of social and health services, and affected local governments shall be guided by the adopted program when reviewing and considering approval of all studies, plans, and facilities that may utilize or impact the implementation of the program.
[ 1985 c 453 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.440 - Existing rights not affected.

RCW 90.44.440
Existing rights not affected.
RCW 90.44.400 through 90.44.430 shall not affect any water rights existing as of May 21, 1985.
[ 1985 c 453 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.445 - Acreage expansion program—Authorization—Certification.

RCW 90.44.445
Acreage expansion program—Authorization—Certification.
In any acreage expansion program adopted by the department as an element of a groundwater management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the department may authorize participation for ten-year periods. The department may authorize participation for ten-year periods for certificate holders who have already participated in an acreage expansion program for two years. The department may require annual certification that the certificate holder has complied with all requirements of the program. The department may terminate the authority of a certificate holder to participate in the program for one calendar year if the certificate holder fails to comply with the requirements of the program.
[ 1993 c 99 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.450 - Metering or measuring groundwater withdrawals—Reports.

RCW 90.44.450
Metering or measuring groundwater withdrawals—Reports.
The department of ecology may require withdrawals of groundwater to be metered, or measured by other approved methods, as a condition for a new water right permit. The department may also require, as a condition for such permits, reports regarding such withdrawals as to the amount of water being withdrawn. These reports shall be in a form prescribed by the department.
[ 1989 c 348 § 7.]
NOTES:
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.460 - Reservoir permits.

RCW 90.44.460
Reservoir permits.
The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the department of ecology to issue reservoir permits that enable an entity to artificially store and recover water in any underground geological formation, which qualifies as a reservoir under RCW 90.03.370.
[ 2000 c 98 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.510 - Superseding water right permit or certificate—Water delivered from federal Columbia Basin project.

RCW 90.44.510
Superseding water right permit or certificate—Water delivered from federal Columbia Basin project.
The department shall issue a superseding water right permit or certificate for a groundwater right where the source of water is an aquifer for which the department adopts rules establishing a groundwater management subarea and water from the federal Columbia Basin project is delivered for use by a person who holds such a groundwater right. The superseding water right permit or certificate shall designate that portion of the groundwater right that is replaced by water from the federal Columbia Basin project as a standby or reserve right that may be used when water delivered by the federal project is curtailed or otherwise not available. The period of curtailment or unavailability shall be deemed a low flow period under RCW 90.14.140(2)(b). The total number of acres irrigated by the person under the groundwater right and through the use of water delivered from the federal project must not exceed the quantity of water authorized by the federal bureau of reclamation and number of acres irrigated under the person's water right permit or certificate for the use of water from the aquifer.
[ 2011 c 72 § 1; 2004 c 195 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.44 - Regulation of Public Groundwaters. › 90.44.530 - Applications to appropriate groundwater under a cost-reimbursement agreement.

RCW 90.44.530
Applications to appropriate groundwater under a cost-reimbursement agreement.
Applications to appropriate groundwater under a cost-reimbursement agreement must be processed in accordance with RCW 90.03.265 when an applicant requests the assignment of a cost-reimbursement consultant as provided in RCW 43.21A.690.
[ 2010 c 285 § 11.]
NOTES:
Intent—2010 c 285: See note following RCW 90.03.265.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.015 - Rules—Coordination with department of health—Consultation with advisory committee.

RCW 90.46.015
Rules—Coordination with department of health—Consultation with advisory committee.
(1) The department of ecology shall, in coordination with the department of health, adopt rules for reclaimed water use consistent with this chapter. The rules must address all aspects of reclaimed water use, including commercial and industrial uses, land applications, direct groundwater recharge, wetland discharge, surface percolation, constructed wetlands, and streamflow or surface water augmentation. The department of health shall, in coordination with the department of ecology, adopt rules for greywater reuse. The rules must also designate whether the department of ecology or the department of health will be the lead agency responsible for a particular aspect of reclaimed water use. In developing the rules, the departments of health and ecology shall amend or rescind any existing rules on reclaimed water in conflict with the new rules.
(2) All rules required to be adopted pursuant to this section must be completed no later than December 31, 2010, except that the department of ecology shall adopt rules for reclaimed water use no earlier than June 30, 2013.
(3) The department of ecology must consult with the advisory committee created under RCW 90.46.050 in all aspects of rule development required under this section.
[ 2011 c 353 § 11; 2009 c 456 § 2; 2006 c 279 § 1.]
NOTES:
Intent—2011 c 353: See note following RCW 36.70A.130.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.020 - Interim standards for pilot projects for use of reclaimed water.

RCW 90.46.020
Interim standards for pilot projects for use of reclaimed water.
(1) The department of ecology shall, in coordination with the department of health, develop interim standards for pilot projects under subsection (3) of this section on or before July 1, 1992, for the use of reclaimed water in land applications.
(2) The department of health shall, in coordination with the department of ecology, develop interim standards for pilot projects under subsection (3) of this section on or before November 15, 1992, for the use of reclaimed water in commercial and industrial activities.
(3) The department of ecology and the department of health shall assist interested parties in the development of pilot projects to aid in achieving the purposes of this chapter.
[ 1992 c 204 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.040 - Standards, procedures, and guidelines for land applications of reclaimed water.

RCW 90.46.040
Standards, procedures, and guidelines for land applications of reclaimed water.
(1) The department of ecology shall, in coordination with the department of health, adopt a single set of standards, procedures, and guidelines, on or before August 1, 1993, for land applications of reclaimed water.
(2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to the land application of reclaimed water.
[ 2009 c 456 § 3; 2006 c 279 § 6; 2005 c 59 § 2; 1992 c 204 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.46 - Reclaimed Water Use. › 90.46.042 - Standards, procedures, and guidelines for direct recharge.

RCW 90.46.042
Standards, procedures, and guidelines for direct recharge.
(1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water. The standards shall address both water quality considerations and avoidance of property damage from excessive recharge.
(2) Standards adopted under this section are superseded by any rules adopted by the department of ecology pursuant to RCW 90.46.015 as they relate to direct recharge using reclaimed water.
[ 2006 c 279 § 7; 1995 c 342 § 6.]
NOTES:
Construction—Effective date—1995 c 342: See notes following RCW 90.46.005.