reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.28 - Miscellaneous Rights and Duties. › 90.28.170 - Dams across streams.

RCW 90.28.170
Dams across streams.
There is hereby granted to persons, firms and corporations organized among other things, for irrigation and power purposes, the right to construct and maintain dams and works incident thereto over, upon and across the beds of the rivers of the state of Washington in connection with such power and irrigation purposes, and there is hereby granted to such persons, firms and corporations an easement over, upon and across the beds of such rivers for such purposes. Such easement shall be limited however, to so much of the beds of such rivers as may be reasonably convenient and necessary for such uses. All such dams and works shall be completed within five years after the commencement of construction work upon the same. The rights and privileges granted by this section shall inure to the benefit of such persons, firms or corporations from the date of the commencement of construction work upon such dams and works incident thereto, and such construction work shall be diligently prosecuted to completion, and the rights, privileges and easements granted by this section shall continue so long as the same shall be utilized by the grantees for the purposes herein specified, and the failure to maintain and use such dams and works after the same shall have been constructed, for a continuous period of two years, shall operate as a forfeiture of all the rights hereby granted and the same shall revert to the state of Washington: PROVIDED, That nothing in this section shall be construed in such a way as to interfere with the use of said rivers for navigation purposes, and all of such rights, privileges and easements granted hereby shall be subject to the paramount control of such rivers for navigation purposes by the United States: AND, PROVIDED FURTHER, That the use and enjoyment of the grants and privileges of this section shall not interfere with the lawful and rightful diversion of the waters of said rivers by other parties under water appropriations in existence at the time any such persons, firms or corporations shall avail themselves of the benefits and privileges of this section, but no such persons, firms or corporations shall have any right to construct any such dams or works over, upon or across the land between ordinary high water and extreme low water of any river of this state without first having acquired the right to do so from the owner or owners of the lands adjoining the land between ordinary high water and extreme low water over or across which said dam or works are constructed.
[ 1911 c 95 § 1; RRS § 7416.]
NOTES:
Reviser's note: For later enactment, see chapter 90.03 RCW.
Height of dams on tributaries of Columbia river: Chapter 77.55 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.36 - Artesian Wells. › 90.36.010 - Right-of-way to wells.

RCW 90.36.010
Right-of-way to wells.
Any person who may be entitled to water from any artesian well shall have the right to condemn the right-of-way for a ditch to convey such water for the purpose of irrigation over the lands intervening between such well and the place where the party owning such water wishes to use the same, and such right-of-way may be condemned sufficient for the purposes of conveying the water, together with the right of ingress and egress, to construct, maintain and repair said ditch, *as is hereinafter provided for in this act.
[ 1890 p 711 § 18; RRS § 7403.]
NOTES:
*Reviser's note: The language "as is hereinafter provided for in this act" refers to 1889-90 pp 706-728 §§ 1-67 which has since been repealed with the exception of those sections now codified as RCW 90.28.030 and 90.28.040. Compare the provisions of later enactment in chapter 90.03 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.36 - Artesian Wells. › 90.36.020 - Flow limited during certain period—Exceptions.

RCW 90.36.020
Flow limited during certain period—Exceptions.
It shall be unlawful for any person, firm, corporation or company having possession or control of any artesian well within the state, whether as contractor, owner, lessee, agent or manager, to allow or permit water to flow or escape from such well between the fifteenth day of October in any year and the fifteenth day of March next ensuing; PROVIDED, That *this act shall only apply to sections and communities wherein the use of water for the purpose of irrigation is necessary or customary; and PROVIDED FURTHER, That nothing herein contained shall prevent or prohibit the use of water from any such well between said fifteenth day of October and the fifteenth day of March next ensuing, for household, stock and domestic purposes only, water for said last named purposes to be taken from such well through a three-quarters inch stop and waste cock to be inserted in the piping of such well for that purpose.
[ 1929 c 138 § 1; 1901 c 121 § 1; RRS § 7404.]
NOTES:
*Reviser's note: "this act" refers to 1901 c 121 codified in RCW 90.36.020 through 90.36.050.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.36 - Artesian Wells. › 90.36.030 - Capping well—Exceptions.

RCW 90.36.030
Capping well—Exceptions.
It shall be the duty of every person, firm, corporation or company having possession or control of any artesian well, as provided in RCW 90.36.020, to securely cap the same over on or before the fifteenth day of October in each and every year in such manner as to prevent the flow or escape of water therefrom, and to keep the same securely capped and prevent the flow or escape of water therefrom until the fifteenth day of March next ensuing; PROVIDED, HOWEVER, It shall and may be lawful for any such person, firm, corporation or company to insert a three-quarters inch stop and waste cock in the piping of such well, and to take and use water therefrom through such stop and waste cock at any time for household, stock, or domestic purposes, but not otherwise.
[ 1929 c 138 § 2; 1901 c 121 § 2; RRS § 7405.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.36 - Artesian Wells. › 90.36.040 - Right of neighboring owner to cap well—Lien.

RCW 90.36.040
Right of neighboring owner to cap well—Lien.
Whenever any person, firm, corporation or company in possession or control of an artesian well shall fail to comply with the provisions of *this act, any person, firm, corporation or company lawfully in the possession of land situate adjacent to or in the vicinity or neighborhood of such well and within five miles thereof may enter upon the land upon which such well is situate, and take possession of such from which water is allowed to flow or escape in violation of the provisions of RCW 90.36.020, and cap such well and shut in and secure the flow or escape of water therefrom, and the necessary expenses incurred in so doing shall constitute a lien upon said well, and a sufficient quantity of land surrounding the same for the convenient use and operation thereof, which lien may be foreclosed in a civil action in any court of competent jurisdiction, and the court in any such case shall allow the plaintiff a reasonable attorney's fee to be taxed as a part of the cost. This shall be in addition to the penalty provided for in RCW 90.36.050.
[ 1901 c 121 § 4; RRS § 7407.]
NOTES:
*Reviser's note: "this act," see note following RCW 90.36.020.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.36 - Artesian Wells. › 90.36.050 - Penalty—1901 c 121.

RCW 90.36.050
Penalty—1901 c 121.
Any person whether as owner, lessee, agent or manager having possession or control of any such well, violating the provisions of *this act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding two hundred dollars for each and every such offense, and the further sum of two hundred dollars for each ten days during which such violation shall continue.
[ 1901 c 121 § 3; RRS § 7406.]
NOTES:
*Reviser's note: "this act," see note following RCW 90.36.020.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.010 - Definitions.

RCW 90.38.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Integrated plan" means the Yakima river basin integrated water resource management plan developed through a consensus-based approach by a diverse work group of representatives of the Yakama Nation, federal, state, county, and city governments, environmental organizations, and irrigation districts, which is to be implemented consistent with congressional Yakima river basin water enhancement project enactments and for which the final programmatic environmental impact statement was made available for review through public notice published in the federal register (77 FR 12076 (2012)).
(3) "Net water savings" means the amount of water that through hydrological analysis is determined to be conserved and usable for other purposes without impairing existing water rights, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other water users.
(4) "Trust water right" means that portion of an existing water right, constituting net water savings, that is no longer required to be diverted for beneficial use due to the installation of a water conservation project that improves an existing system. The term "trust water right" also applies to any other water right acquired by the department under this chapter for management in the Yakima river basin trust water rights program.
(5) "Water conservation project" means any project funded to further the purposes of this chapter and that achieves physical or operational improvements of efficiency in existing systems for diversion, conveyance, or application of water under existing water rights.
(6) "Water supply facility permit and funding milestone" means a date prior to June 30, 2025, when required permits have been approved, and funding has been secured to begin construction on one or more water supply facilities designed to provide at least two hundred fourteen thousand acre feet of water to be used for instream and out-of-stream uses.
(7) "Yakima river basin water enhancement project" means a series of congressional enactments, originally initiated by the United States congress in 1979 under P.L. 96-162, with subsequent federal implementing legislation being passed in 1984 under section 109 of P.L. 98-381 to promote fish passage improvements, and in 1994 under P.L. 103-434, as amended by P.L. 105-62 in 1997 and P.L. 106-372 in 2000, to promote water conservation, water supply, habitat, and stream enhancement improvements in the Yakima river basin.
[ 2013 2nd sp.s. c 11 § 2; 1989 c 429 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.030 - Water conservation projects—Contracts for financial assistance.

RCW 90.38.030
Water conservation projects—Contracts for financial assistance.
(1) For the purposes of this chapter, the department is authorized to enter into contracts with water users for the purpose of providing moneys to users to assist in the financing of water conservation projects. In exchange for the financial assistance provided for the purposes of this chapter, the water users shall convey the trust water rights, created as a result of the assistance, to the department of ecology.
(2) No contract shall be entered into by the department with a water user under this chapter unless it appears to the department that, upon the completion of a water conservation project financed with moneys as provided in this section, a valid water right exists for conveyance to the department.
(3) The department shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds.
(4) When water is proposed to be acquired by or conveyed to the department as a trust water right by an irrigation district, evidence of the district's authority to represent the water right holders must be submitted to, and for the satisfaction of, the department.
(5) The department shall not acquire an individual's water right under this chapter that is appurtenant to land lying within an irrigation district without the approval of the board of directors of the irrigation district.
[ 1989 c 429 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.040 - Trust water rights program.

RCW 90.38.040
Trust water rights program.
(1) All trust water rights acquired by the department shall be placed in the Yakima river basin trust water rights program to be managed by the department. The department shall issue a water right certificate in the name of the state of Washington for each trust water right it acquires.
(2) Trust water rights shall retain the same priority date as the water right from which they originated. Trust water rights may be modified as to purpose or place of use or point of diversion, including modification from a diversionary use to a nondiversionary instream use.
(3) Trust water rights may be held by the department for instream flows, irrigation use, or other beneficial use. Trust water rights may be acquired on a temporary or permanent basis. To the extent practicable and subject to legislative appropriation, trust water rights acquired in an area with an approved watershed plan developed under chapter 90.82 RCW shall be consistent with that plan if the plan calls for such acquisition.
(4) A schedule of the amount of net water saved as a result of water conservation projects carried out in accordance with this chapter, shall be developed annually to reflect the predicted hydrologic and water supply conditions, as well as anticipated water demands, for the upcoming irrigation season. This schedule shall serve as the basis for the distribution and management of trust water rights each year.
(5)(a) No exercise of a trust water right may be authorized unless the department first determines that no existing water rights, junior or senior in priority, will be impaired as to their exercise or injured in any manner whatever by such authorization.
(b) Before any trust water right is exercised, the department shall publish notice thereof in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in such other newspapers as the department determines are necessary, once a week for two consecutive weeks. At the same time the department may also send notice thereof containing pertinent information to the director of fish and wildlife.
(c) Subsections (4) and (5)(b) of this section do not apply to a trust water right resulting from a donation for instream flows described in RCW 90.38.020(1)(b) or from the lease of a water right under RCW 90.38.020(6) if the period of the lease does not exceed five years. However, the department shall provide the notice described in (b) of this subsection the first time the trust water right resulting from the donation is exercised.
(6) RCW 90.03.380 and 90.14.140 through 90.14.910 shall have no applicability to trust water rights held by the department under this chapter or exercised under this section.
[ 2001 c 237 § 29; 1994 c 264 § 90; 1989 c 429 § 5.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.100 - Report to the legislature and governor.

RCW 90.38.100
Report to the legislature and governor. (Expires December 31, 2045.)
(1) By December 1, 2015, and by December 1st of every odd-numbered year thereafter, and in compliance with RCW 43.01.036, the department, in consultation with the United States bureau of reclamation, the Yakama Nation, Yakima river basin local governments, and key basin stakeholders, shall provide a Yakima river basin integrated water resource management plan implementation status report to the legislature and to the governor that includes: A description of measures that have been funded and implemented in the Yakima river basin and their effectiveness in meeting the objectives of chapter 11, Laws of 2013 2nd sp. sess., a project funding list that represents the state's percentage cost share to implement the integrated plan measures for the current biennium and cost estimates for subsequent biennia, a description of progress toward concurrent realization of the integrated plan's fish passage, watershed enhancement, and water supply goals, and an annual summary of all associated costs to develop and implement projects within the framework of the integrated water resource management plan for the Yakima river basin.
(2) The status report required in this section for December 1, 2021, must include a statement of progress in achieving the water supply facility permit and funding milestone, as defined in RCW 90.38.010. If, after a good faith effort to achieve the water supply facility permit and funding milestone, it appears that the milestone cannot or may not be met, the department, in consultation with the United States bureau of reclamation, the Yakama Nation, Yakima river basin local governments, and key basin stakeholders, shall provide a detailed description of the impediments to achieving the milestone, describe the strategy for resolving the identified impediments, and, if necessary, recommend modifications to the milestone.
(3) This section expires December 31, 2045.
[ 2013 2nd sp.s. c 11 § 9.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.110 - Construction of a water supply project—Prior review by the state of Washington water research center.

RCW 90.38.110
Construction of a water supply project—Prior review by the state of Washington water research center. (Expires July 1, 2025.)
(1) Prior to the appropriation of funding for the construction of a water supply project proposed in the integrated plan with a cost of greater than one hundred million dollars, the state of Washington water research center shall review, evaluate, and prepare comments on the cost-benefit analysis prepared for the project by the department and the United States bureau of reclamation.
(2) To the greatest extent possible, the center must use information from existing studies, supplemented by primary research, to measure and evaluate each project's benefits and costs.
(3) The center must measure and report the economic benefits of each project subject to subsection (1) of this section, so that it is clear the extent to which an individual project is expected to result in increases in fish populations, increases in the reliability of irrigation water during severe drought years, and improvements in municipal and domestic water supply.
(4) The center may enter into agreements with other state universities and with private consultants as needed to accomplish the scope of work.
(5) The center may consult, as necessary, with the department of ecology and the Yakima river basin water enhancement project work group.
(6) No more than twelve percent of any appropriations provided for the implementation of this section may be retained for administrative overhead expenses.
(7) This section expires July 1, 2025.
[ 2013 2nd sp.s. c 11 § 10.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.900 - Existing policies not replaced.

RCW 90.38.900
Existing policies not replaced.
The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B RCW, RCW 43.83.340 or chapter 90.90 RCW may be used within or without the Yakima river basin.
[ 2015 1st sp.s. c 4 § 54; 2013 2nd sp.s. c 11 § 7; 1989 c 429 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.901 - Transfer of rights between irrigation districts not intended.

RCW 90.38.901
Transfer of rights between irrigation districts not intended.
It is not the intent of this chapter to facilitate the transfer of water rights from one irrigation district to another.
[ 1989 c 429 § 8.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.38 - Yakima River Basin Water Rights. › 90.38.902 - Existing rights not impaired.

RCW 90.38.902
Existing rights not impaired.
(1) Nothing in this chapter shall authorize the impairment of, or operate to impair, any existing water rights.
(2) Nothing in this chapter may be construed to limit, impair, waive, abrogate, or diminish:
(a) Any treaty or other rights of the Yakama Nation;
(b) Any powers, rights, or authorities conferred upon irrigation districts under existing law;
(c) Any rights or jurisdictions of the United States, the state of Washington, or other person or entity over waters in the Yakima river basin.
[ 2013 2nd sp.s. c 11 § 8; 1989 c 429 § 9.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.010 - Eminent domain by the United States.

RCW 90.40.010
Eminent domain by the United States.
The United States is hereby granted the right to exercise the power of eminent domain to acquire the right to the use of any water, to acquire or extinguish any rights, and to acquire any lands or other property, for the construction, operation, repairs to, maintenance or control of any plant or system of works for the storage, conveyance, or use of water for irrigation purposes, and whether such water, rights, lands or other property so to be acquired belong to any private party, association, corporation or to the state of Washington, or any municipality thereof; and such power of eminent domain shall be exercised under and by the same procedure as now is or may be hereafter provided by the law of this state for the exercise of the right of eminent domain by ordinary railroad corporations, except that the United States may exercise such right in the proper court of the United States as well as the proper state court.
[ 1905 c 88 § 1; RRS § 7408.]
NOTES:
Condemnation by corporations: Chapter 8.20 RCW.
Eminent domain, railroads—Corporate powers and duties: RCW 81.36.010.
Special railroad eminent domain proceedings: RCW 8.20.140, 28B.20.330, 81.36.020, 81.36.060, 81.53.180.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.020 - Right to use water courses.

RCW 90.40.020
Right to use water courses.
The United States shall have the right to turn into any natural or artificial water course, any water that it may have acquired the right to store, divert, or store and divert, and may again divert and reclaim said waters from said water course for irrigation purposes subject to existing rights.
[ 1905 c 88 § 2; RRS § 7409.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.040 - Appropriation of water—Title to beds and shores.

RCW 90.40.040
Appropriation of water—Title to beds and shores.
Whenever said secretary of the interior or other duly authorized officer of the United States shall cause to be let a contract for the construction of any irrigation works or any works for the storage of water for use in irrigation, or any portion or section thereof, for which the withdrawal has been effected as provided in RCW 90.40.030, any authorized officer of the United States, either in the name of the United States or in such name as may be determined by the secretary of the interior, may appropriate, in behalf of the United States, so much of the unappropriated waters of the state as may be required for the project, or projects, for which water has been withdrawn or reserved under RCW 90.40.030, including any and all divisions thereof, theretofore constructed, in whole or in part, by the United States or proposed to be thereafter constructed by the United States, such appropriation to be made, maintained and perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association, except that the date of priority as to all rights under such appropriation in behalf of the United States shall relate back to the date of the first withdrawal or reservation of the waters so appropriated, and in case of filings on water previously withdrawn under RCW 90.40.030, no payment of fees will be required. Such appropriation by or on behalf of the United States shall inure to the United States, and its successors in interest, in the same manner and to the same extent as though said appropriation had been made by a private person, corporation or association. The title to the beds and shores of any navigable lake or stream utilized by the construction of any reservoir or other irrigation works created or constructed as a part of such appropriation hereinbefore in this section provided for, shall vest in the United States to the extent necessary for the maintenance, operation and control of such reservoir or other irrigation works.
[ 1929 c 95 § 1; 1905 c 88 § 4; RRS § 7411.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.050 - Reservation of needed lands—Procedure.

RCW 90.40.050
Reservation of needed lands—Procedure.
When the notice provided for in RCW 90.40.030 shall be given to the commissioner of public lands the proper officers of the United States may file with the said commissioner a list of lands (including in the term "lands" as here used, the beds and shores of any lake, river, stream, or other waters) owned by the state, over or upon which the United States may require rights-of-way for canals, ditches or laterals or sites for reservoirs and structures therefor or appurtenant thereto, or such additional rights-of-way and quantity of land as may be required for the operation and maintenance of the completed works for the irrigation project contemplated in such notice, and the filing of such list shall constitute a reservation from the sale or other disposal by the state of such lands so described, which reservation shall, upon the completion of such works and upon the United States by its proper officers filing with the commissioner of public lands of the state a description of such lands by metes and bounds or other definite description, ripen into a grant from the state to the United States. The state, in the disposal of lands granted from the United States to the state, shall reserve for the United States rights-of-way for ditches, canals, laterals, telephone and transmission lines which may be required by the United States for the construction, operation and maintenance of irrigation works.
[ 1905 c 88 § 5; RRS § 7412.]
NOTES:
Reviser's note: See note following RCW 90.40.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.060 - Restrictions on sale of state lands within project.

RCW 90.40.060
Restrictions on sale of state lands within project.
After the receipt by the commissioner of public lands of the notice from the secretary of the interior or other officer of the United States provided for in RCW 90.40.030, no lands belonging to the state, susceptible of irrigation and within the area to be irrigated from the works projected by the United States and specified in such notice shall be sold except in conformity to the classification of farm units by the United States, and the title to such lands shall not pass from the state until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued: PROVIDED, That the restrictions upon the sale or other disposal by the state of any state lands provided for in this section shall continue for the same periods, respectively, and upon the same conditions, as specified in RCW 90.40.030 for the withdrawal of waters from appropriation: AND PROVIDED FURTHER, That in case the authorization by the United States for the construction of irrigation works pursuant to RCW 90.40.030 shall be made within the period of three years specified therefor in said section, then the restrictions upon and conditions prescribed for the sale or other disposal of said lands in this section shall continue so long as any such lands shall remain unsold or not disposed of.
[ 1905 c 88 § 6; RRS § 7413.]
NOTES:
Reviser's note: See note following RCW 90.40.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.070 - Federal water users' association—Exemption from fees.

RCW 90.40.070
Federal water users' association—Exemption from fees.
Any water users' association which is organized in conformity with the requirements of the United States under said act of congress, and which under its articles of incorporation is authorized to furnish water only to its stockholders, shall be exempt from the payment of any incorporation tax, and from the payment of any annual franchise tax; but shall be required to pay, as preliminary to its incorporation, only a fee of twenty dollars for the filing and recording of its articles of incorporation and the issuance of certificates of incorporation. Whenever, with the consent of the secretary of the interior of the United States, the stockholders of any such association shall adopt any other form of organization to manage the affairs of such reclamation project in connection with which any such water users' association has been organized, such association may dissolve or disincorporate itself by the procedure and subject to the laws relating to the disincorporation of corporations in this state when such dissolution is authorized by a vote of two-thirds of all the stockholders represented at a meeting of the stockholders called for such purpose.
[ 1919 c 42 § 1; 1905 c 88 § 7; RRS § 7414.]
NOTES:
Corporations and associations (nonprofit): Title 24 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.080 - Federal water users' association—Records by county auditor.

RCW 90.40.080
Federal water users' association—Records by county auditor.
It shall be the duty of the county auditor to provide record books containing printed forms of the articles of incorporation and stock subscriptions to the stock of water users' associations organized in conformity with the requirements of the United States under said act of congress, and to use such books for recording stock subscriptions of such associations; and the charges for the recording thereof shall be made on the basis of the number of words actually written therein and not for the printed form.
[ 1905 c 88 § 8; RRS § 7415.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.090 - Permit for Grand Coulee project.

RCW 90.40.090
Permit for Grand Coulee project.
An application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to appropriate waters of the Columbia River under chapter 90.03 RCW, for the development of the Grand Coulee project shall be perfected in the same manner and to the same extent as though such appropriation had been made by a private person, corporation or association, but no fees, as provided for in RCW 90.03.470, shall be required.
[ 1988 c 127 § 83; 1933 ex.s. c 13 § 4; RRS § 7399-1, pocket part.]
NOTES:
Severability—1933 ex.s. c 13: "The adjudication of invalidity of any section, clause, or part of a section of this act, shall not impair or otherwise affect the validity of the act as a whole or any part thereof." [ 1933 ex.s. c 13 § 6; RRS § 7399-2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.40 - Water Rights of United States. › 90.40.100 - Columbia Basin Project—Water appropriated pursuant to RCW 90.40.030—Periodic renewal not required.

RCW 90.40.100
Columbia Basin Project—Water appropriated pursuant to RCW 90.40.030—Periodic renewal not required.
Any water withdrawn from appropriation pursuant to RCW 90.40.030 associated with the Columbia Basin Project shall continue as withdrawn from appropriation, without need for periodic renewal, until the project is declared completed or abandoned by the United States acting by and through the secretary of the interior or such other duly authorized officer of the United States.
[ 1987 c 491 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.010 - Findings—Intent.

RCW 90.42.010
Findings—Intent.
The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon. It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.
[ 1998 c 245 § 173. Prior: 1993 sp.s. c 4 § 14; 1993 c 98 § 1; 1991 c 347 § 5.]
NOTES:
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600.
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.020 - Definitions.

RCW 90.42.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Local government" means a city, town, public utility district, irrigation district, public port, county, sewer district, or water district.
(3) "Net water savings" means the amount of water that is determined to be conserved and usable within a specified stream reach or reaches for other purposes without impairment or detriment to water rights existing at the time that a water conservation project is undertaken, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other existing water uses.
(4) "Pilot planning areas" means the geographic areas designated under RCW 90.54.045(2).
(5) "Trust water right" means any water right acquired by the state under this chapter for management in the state's trust water rights program.
(6) "Water conservation project" means any project or program that achieves physical or operational improvements that provide for increased water use efficiency in existing systems of diversion, conveyance, application, or use of water under water rights existing on July 28, 1991.
[ 2009 c 283 § 3; 1991 c 347 § 6.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2009 c 283: See note following RCW 90.42.100.
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.030 - Contracts to finance water conservation projects—Public benefits—Trust water rights.

RCW 90.42.030
Contracts to finance water conservation projects—Public benefits—Trust water rights.
(1) For purposes of this chapter, the state may enter into contracts to provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance provided, the state shall obtain public benefits defined in guidelines developed under RCW 90.42.050.
(2) If the public benefits to be obtained require conveyance or modification of a water right, the recipient of funds shall convey to the state the recipient's interest in that part of the water right or claim constituting all or a portion of the resulting net water savings for deposit in the trust water rights program. The amount to be conveyed shall be finitely determined by the parties, in accordance with the guidelines developed under RCW 90.42.050, before the expenditure of state funds. Conveyance may consist of complete transfer, lease contracts, or other legally binding agreements. When negotiating for the acquisition of conserved water or net water savings, or a portion thereof, the state may require evidence of a valid water right.
(3) As part of the contract, the water right holder and the state shall specify the process to determine the amount of water the water right holder would continue to be entitled to once the water conservation project is in place.
(4) The state shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds.
(5) If water is proposed to be acquired by or conveyed to the state as a trust water right by an irrigation district, evidence of the district's authority to represent the water right holders shall be submitted to and for the satisfaction of the department.
(6) The state shall not contract with any person to acquire a water right served by an irrigation district without the approval of the board of directors of the irrigation district. Disapproval by a board shall be factually based on probable adverse effects on the ability of the district to deliver water to other members or on maintenance of the financial integrity of the district.
[ 1993 c 98 § 2; 1991 c 347 § 7.]
NOTES:
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.050 - Guidelines governing trust water rights—Submission of guidelines to joint select committee.

RCW 90.42.050
Guidelines governing trust water rights—Submission of guidelines to joint select committee.
The department, in cooperation with federally recognized Indian tribes, local governments, state agencies, and other interested parties, shall establish guidelines by July 1, 1992, governing the acquisition, administration, and management of trust water rights. The guidelines shall address at a minimum the following:
(1) Methods for determining the net water savings resulting from water conservation projects or programs carried out in accordance with this chapter, and other factors to be considered in determining the quantity or value of water available for potential designation as a trust water right;
(2) Criteria for determining the portion of net water savings to be conveyed to the state under this chapter;
(3) Criteria for prioritizing water conservation projects;
(4) A description of potential public benefits that will affect consideration for state financial assistance in RCW 90.42.030;
(5) Procedures for providing notification to potentially interested parties;
(6) Criteria for the assignment of uses of trust water rights acquired in areas of the state not addressed in a regional water resource plan or critical area agreement; and
(7) Contracting procedures and other procedures not specifically addressed in this section.
These guidelines shall be submitted to the joint select committee on water resource policy before adoption.
[ 1991 c 347 § 9.]
NOTES:
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.060 - Chapter 43.83B RCW or RCW 43.83.340 not replaced or amended.

RCW 90.42.060
Chapter 43.83B RCW or RCW 43.83.340 not replaced or amended.
The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B RCW or RCW 43.83.340 may be used.
[ 2015 1st sp.s. c 4 § 55; 1991 c 347 § 10.]
NOTES:
Purposes—1991 c 347: See notes following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.070 - Involuntary impairment of existing water rights not authorized.

RCW 90.42.070
Involuntary impairment of existing water rights not authorized.
Nothing in this chapter authorizes the involuntary impairment of any existing water rights.
[ 1991 c 347 § 11.]
NOTES:
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.090 - Jurisdictional authorities not altered.

RCW 90.42.090
Jurisdictional authorities not altered.
It is the intent of the legislature that jurisdictional authorities that exist in law not be expanded, diminished, or altered in any manner whatsoever by this chapter.
[ 1991 c 347 § 13.]
NOTES:
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.42 - Water Resource Management. › 90.42.110 - Water banking—Application to transfer water rights.

RCW 90.42.110
Water banking—Application to transfer water rights.
(1) The department, with the consent of the water right holder, may identify trust water rights for administration for water banking purposes, including trust water rights established before May 7, 2003.
(2) An application to transfer a water right to the trust water [rights] program shall be reviewed under RCW 90.03.380 at the time the water right is transferred to the trust water [rights] program for administration for water banking purposes, and notice of the application shall be published by the applicant as provided under RCW 90.03.280. The application must indicate the reach or reaches of the stream where the trust water right will be established before the transfer of the water right or portion thereof from the trust water [rights] program, and identify reasonably foreseeable future temporary or permanent beneficial uses for which the water right or portion thereof may be used by a third party upon transfer from the trust water right[s] program. In the event the future place of use, period of use, or other elements of the water right are not specifically identified at the time of the transfer into the trust water [rights] program, another review under RCW 90.03.380 will be necessary at the time of a proposed transfer from the trust water [rights] program.
[ 2003 c 144 § 3.]
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. › 90.42.120 - Water banking—Transfer of water rights—Requirements—Appeals.

RCW 90.42.120
Water banking—Transfer of water rights—Requirements—Appeals.
(1) The department shall transfer a water right or portion thereof being administered for water banking purposes from the trust water [rights] program to a third party upon occurrence of all of the following:
(a) The department receives a request for transfer of a water right or portion thereof currently administered by the department for water banking purposes;
(b) The request is consistent with any previous review under RCW 90.03.380 of the water right and future temporary or permanent beneficial uses;
(c) The request is consistent with any condition, limitation, or agreement affecting the water right, including but not limited to any trust water right transfer agreement executed at the time the water right was transferred to the trust water rights program; and
(d) The request is accompanied by and is consistent with an assignment of interest or portion thereof from a person or entity retaining an interest in the trust water right or portion thereof to the party requesting transfer of the water right or portion thereof.
(2) The priority date of the water right or portion thereof transferred by the department from the trust water [rights] program for water banking purposes shall be the priority date of the underlying water right.
(3) The department shall issue documentation for that water right or portion thereof to the new water right holder based on the requirements applicable to the transfer of other water rights from the trust water rights program. Such documentation shall include a description of the property to which the water right will be appurtenant after the water right or portion thereof is transferred from the trust water [rights] program to a third party.
(4) The department's decision on the transfer of a water right or portion thereof from the trust water [rights] program for water banking purposes may be appealed to the pollution control hearings board under RCW 43.21B.230, or to a superior court conducting a general adjudication under RCW 90.03.210.
[ 2003 c 144 § 4.]
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. › 90.42.130 - Water banking—Input from affected entities.

RCW 90.42.130
Water banking—Input from affected entities.
The department shall seek input from agricultural organizations, federal agencies, tribal governments, local governments, watershed groups, conservation groups, and developers on water banking, including water banking procedures and identification of areas in Washington where water banking could assist in providing water supplies for instream and out-of-stream uses.
[ 2016 c 215 § 1; 2014 c 76 § 9; 2003 c 144 § 5.]
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. › 90.42.135 - Limitations of act—2003 c 144.

RCW 90.42.135
Limitations of act—2003 c 144.
Nothing in chapter 144, Laws of 2003 shall:
(1) Cause detriment or injury to existing rights or to the operation of the federal Yakima project to provide water for irrigation purposes, existing water supply contracts, or existing water rights;
(2) Diminish in any way existing rights or the total water supply available for irrigation and other purposes in the Yakima basin;
(3) Affect or modify the authority of a court conducting a general adjudication pursuant to RCW 90.03.210; or
(4) Affect or modify the rights of any person or entity under a water rights adjudication or under any order of the court conducting a water rights adjudication.
[ 2003 c 144 § 6.]
NOTES:
Effective date—2003 c 144: See note following RCW 90.42.005.