reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.247 - Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.

RCW 90.03.247
Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.
(1) Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to: (a) Protect the levels or flows; or (b) require water resource mitigation of impacts to instream flows and closed surface water bodies for water resource mitigation pilot projects authorized under RCW 90.94.090.
(2) No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fish and wildlife, the department of commerce, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife, the department of commerce, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife, the department of commerce, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.
[ 2018 c 1 § 302; 2003 c 39 § 48; 1996 c 186 § 523; 1994 c 264 § 82. Prior: 1987 c 506 § 95; 1987 c 505 § 81; 1980 c 87 § 46; 1979 ex.s. c 166 § 1.]
NOTES:
Intent—2018 c 1: See note following RCW 90.94.010.
Effective date—2018 c 1: See RCW 90.94.900.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.250 - Appropriation procedure—Application for permit—Temporary permit.

RCW 90.03.250
Appropriation procedure—Application for permit—Temporary permit.
Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he or she has received a permit from the department as in this chapter provided. The construction of any ditch, canal or works, or performing any work in connection with said construction or appropriation, or the use of any waters, shall not be an appropriation of such water nor an act for the purpose of appropriating water unless a permit to make said appropriation has first been granted by the department: PROVIDED, That a temporary permit may be granted upon a proper showing made to the department to be valid only during the pendency of such application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this chapter contained shall be deemed to affect RCW 90.40.010 through 90.40.080 except that the notice and certificate therein provided for in RCW 90.40.030 shall be addressed to the department, and the department shall exercise the powers and perform the duties prescribed by RCW 90.40.030.
[ 2013 c 23 § 596; 1987 c 109 § 83; 1917 c 117 § 27; RRS § 7378. Formerly RCW 90.20.010.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Schedule of fees: RCW 90.03.470.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.252 - Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.

RCW 90.03.252
Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.
The permit requirements of RCW 90.03.250 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 § 6; 1997 c 444 § 2.]
NOTES:
Severability—1997 c 444: See note following RCW 90.46.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.255 - Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.

RCW 90.03.255
Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.
The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 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 diversion of surface water proposed in the application for the water right, transfer, or change. 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 otherwise 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 § 2; 1996 c 306 § 1.]
NOTES:
Findings—Purpose—1997 c 360: "The legislature finds that in many basins in the state there is water available on a seasonal basis that is in excess of the needs of either existing water right holders or instream resources. The legislature finds that excess waters often result in significant flooding and damage to public and private resources. Further, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. Further, in some areas of the state additional supplies of water are needed to meet the needs of a growing economy and population. The legislature finds there is a range of alternatives that offset the impacts that should be encouraged including the creation, restoration, enhancement, or enlargement of ponds, wetlands, and reservoirs and the artificial recharge of aquifers.
The purpose of this act is to foster the improvement in the water supplies available to meet the needs of the state. It is the goal of this act to strengthen the state's economy while maintaining and improving the overall quality of the state's environment." [ 1997 c 360 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.270 - Appropriation procedure—Record of application.

RCW 90.03.270
Appropriation procedure—Record of application.
Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and to keep a record of same. If upon examination, the application is found to be defective, it shall be returned to the applicant for correction or completion, and the date and the reasons for the return thereof shall be endorsed thereon and made a record in his or her office. No application shall lose its priority of filing on account of such defects, provided acceptable maps, drawings, and such data as is required by the department shall be filed with the department within such reasonable time as it shall require.
[ 2013 c 23 § 597; 1987 c 109 § 85; 1917 c 117 § 29; RRS § 7380. Formerly RCW 90.20.030.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.280 - Appropriation procedure—Notice.

RCW 90.03.280
Appropriation procedure—Notice.
Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use is to be made, and in such other newspapers as the department may direct, once a week for two consecutive weeks. Upon receipt by the department of an application it shall send notice thereof containing pertinent information to the director of fish and wildlife.
[ 1994 c 264 § 83; 1988 c 36 § 65; 1987 c 109 § 66; 1953 c 275 § 1; 1939 c 127 § 1; 1925 ex.s. c 161 § 1; 1917 c 117 § 30; RRS § 7381. Formerly RCW 90.20.040.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.300 - Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.

RCW 90.03.300
Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.
No permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such permit, or any portion of the works in such application described and to be constructed for the purpose of storing, conserving, diverting or distributing such water, or because the place of intended use or the lands to be irrigated by means of such water, or any part thereof, may be situated in some other state or nation, but in all such cases where either the point of diversion or any of such works or the place of intended use, or the lands, or part of the lands, to be irrigated by means of such water, are situated within the state of Washington, the permit shall issue as in other cases: PROVIDED, HOWEVER, That the department may in its discretion, decline to issue a permit where the point of diversion described in the application is within the state of Washington but the place of beneficial use in some other state or nation, unless under the laws of such state or nation water may be lawfully diverted within such state or nation for beneficial use in the state of Washington.
[ 1987 c 109 § 87; 1921 c 103 § 3; RRS § 7383. Formerly RCW 90.20.070.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.310 - Appropriation procedure—Assignability of permit or application.

RCW 90.03.310
Appropriation procedure—Assignability of permit or application.
Any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment shall be binding or valid unless filed for record with the department. Any application for permits to appropriate water prior to permit issuing, may be assigned by the applicant, but no such assignment shall be valid or binding unless the written consent of the department is first obtained thereto, and unless such assignment is filed for record with the department.
[ 1987 c 109 § 88; 1917 c 117 § 32; RRS § 7384. Prior: 1891 c 142 § 6. Formerly RCW 90.20.080.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.320 - Appropriation procedure—Construction work.

RCW 90.03.320
Appropriation procedure—Construction work.
Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected. For good cause shown, the department shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. Good cause includes prevention or restriction of water use by operation of federal laws for the time or times fixed for commencing work, completing work, and applying water to beneficial use otherwise authorized under a water right permit issued for a federal reclamation project. In fixing construction schedules and the time, or extension of time, for application of water to beneficial use for municipal water supply purposes, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures implemented by the public water system, and the supply needs of the public water system's service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand projections prepared by public water systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand projection may be used. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause is not shown, the permit shall be canceled.
[ 1999 c 400 § 1; 1997 c 445 § 3; 1987 c 109 § 67; 1917 c 117 § 33; RRS § 7385. Formerly RCW 90.20.090.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.340 - Appropriation procedure—Effective date of water right.

RCW 90.03.340
Appropriation procedure—Effective date of water right.
The right acquired by appropriation shall relate back to the date of filing of the original application with the department.
[ 1987 c 109 § 90; 1917 c 117 § 35; RRS § 7387. Formerly RCW 90.20.110.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.345 - Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.

RCW 90.03.345
Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.
The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment. Whenever an application for a permit to make beneficial use of public waters embodied in a reservation, established after September 1, 1979, is filed with the department of ecology after the effective date of such reservation, the priority date for a permit issued pursuant to an approval by the department of ecology of the application shall be the effective date of the reservation.
[ 1979 ex.s. c 216 § 7.]
NOTES:
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.350 - Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.

RCW 90.03.350
Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.
Except as provided in RCW 43.21A.068, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever he or she is requested to do so by the department.
A metals mining and milling operation regulated under chapter 232, Laws of 1994 is subject to additional dam safety inspection requirements due to the special hazards associated with failure of a tailings pond impoundment. The department shall inspect these impoundments at least quarterly during the project's operation and at least annually thereafter for the postclosure monitoring period in order to ensure the safety of the dam or controlling works. The department shall conduct additional inspections as needed during the construction phase of the mining operation in order to ensure the safe construction of the tailings impoundment.
[ 1995 c 8 § 6; 1994 c 232 § 20; 1987 c 109 § 91; 1955 c 362 § 1; 1939 c 107 § 1; 1917 c 117 § 36; RRS § 7388. Formerly RCW 90.28.060.] [1954 SLC-RO-18.]
NOTES:
Findings—1995 c 8: See note following RCW 43.21A.064.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Height of dams on tributaries of Columbia river: RCW 77.55.191.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.360 - Controlling works and measuring devices—Metering of diversions—Impact on fish stock.

RCW 90.03.360
Controlling works and measuring devices—Metering of diversions—Impact on fish stock.
(1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water diverted. Every owner or manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any measuring device necessary to ascertain the natural flow into and out of said reservoir.
Metering of diversions or measurement by other approved methods shall be required as a condition for all new surface water right permits, and except as provided in subsection (2) of this section, may be required as a condition for all previously existing surface water rights. The department may also require, as a condition for all water rights, metering of diversions, and reports regarding such metered diversions as to the amount of water being diverted. Such reports shall be in a form prescribed by the department.
(2) Where water diversions are from waters in which the salmonid stock status is depressed or critical, as determined by the department of fish and wildlife, or where the volume of water being diverted exceeds one cubic foot per second, the department shall require metering or measurement by other approved methods as a condition for all new and previously existing water rights or claims. The department shall attempt to integrate the requirements of this subsection into its existing compliance workload priorities, but shall prioritize the requirements of this subsection ahead of the existing compliance workload where a delay may cause the decline of wild salmonids. The department shall notify the department of fish and wildlife of the status of fish screens associated with these diversions.
This subsection (2) shall not apply to diversions for public or private hatcheries or fish rearing facilities if the diverted water is returned directly to the waters from which it was diverted.
[ 1994 c 264 § 85; 1993 sp.s. c 4 § 12; 1989 c 348 § 6; 1987 c 109 § 92; 1917 c 117 § 37; RRS § 7389. Formerly RCW 90.28.070.]
NOTES:
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Instream flows: RCW 90.22.060.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.386 - Coordination of approval procedures for compliance and consistency with approved water system plan.

RCW 90.03.386
Coordination of approval procedures for compliance and consistency with approved water system plan.
(1) Within service areas established pursuant to chapter 43.20 or 70A.100 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management program.
(2) The effect of the department of health's approval of a planning or engineering document that describes a municipal water supplier's service area under chapter 43.20 RCW, or the local legislative authority's approval of service area boundaries in accordance with procedures adopted pursuant to chapter 70A.100 RCW, is that the place of use of a surface water right or groundwater right used by the supplier includes any portion of the approved service area that was not previously within the place of use for the water right if the supplier is in compliance with the terms of the water system plan or small water system management program, including those regarding water conservation, and the alteration of the place of use is not inconsistent, regarding an area added to the place of use, with: Any comprehensive plans or development regulations adopted under chapter 36.70A RCW; any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, if such a watershed plan has been approved for the area.
(3) A municipal water supplier must implement cost-effective water conservation in accordance with the requirements of RCW 70A.125.170 as part of its approved water system plan or small water system management program. In preparing its regular water system plan update, a municipal water supplier with one thousand or more service connections must describe: (a) The projects, technologies, and other cost-effective measures that comprise its water conservation program; (b) improvements in the efficiency of water system use resulting from implementation of its conservation program over the previous six years; and (c) projected effects of delaying the use of existing inchoate rights over the next six years through the addition of further cost-effective water conservation measures before it may divert or withdraw further amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW 90.03.320, the department must take into consideration the public water system's use of conserved water.
[ 2020 c 20 § 1492; 2003 1st sp.s. c 5 § 5; 1991 c 350 § 2.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.390 - Temporary changes—Emergency interties—Rotation in use.

RCW 90.03.390
Temporary changes—Emergency interties—Rotation in use.
RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use of water when such change can be made without detriment to existing rights, but in no case shall such change be made without the permission of the water master of the district in which such proposed change is located, or of the department. Nor shall RCW 90.03.380 be construed to prevent construction of emergency interties between public water systems to permit exchange of water during short-term emergency situations, or rotation in the use of water for bringing about a more economical use of the available supply, provided however, that the department of health in consultation with the department of ecology shall adopt rules or develop written guidelines setting forth standards for determining when a short-term emergency exists and the circumstances in which emergency interties are permitted. The rules or guidelines shall be consistent with the procedures established in RCW 43.83B.400 through 43.83B.420. Water users owning lands to which water rights are attached may rotate in the use of water to which they are collectively entitled, or an individual water user having lands to which are attached water rights of a different priority, may in like manner rotate in use when such rotation can be made without detriment to other existing water rights, and has the approval of the water master or department.
[ 1991 c 350 § 3; 1987 c 109 § 95; 1929 c 122 § 7; RRS § 7391a. Formerly RCW 90.28.100.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.395 - Change of point of diversion to downstream intake structure—Intent.

RCW 90.03.395
Change of point of diversion to downstream intake structure—Intent.
The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water which has not been applied to a beneficial use.
[ 1999 c 232 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.397 - Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.

RCW 90.03.397
Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.
(1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity to transport the additional diversion to either: (a) A point of diversion that is located downstream; or (b) a point of diversion located between Columbia river miles 215.6 and 292, if the existing point of diversion is contained therein.
(2) This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999.
[ 2011 c 117 § 1; 1999 c 232 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.400 - Crimes against water code—Unauthorized use of water.

RCW 90.03.400
Crimes against water code—Unauthorized use of water.
(1)(a) The unauthorized use of water to which another person is entitled or the willful or negligent waste of water to the detriment of another, is a misdemeanor.
(b) For instances of the waste of water under this subsection, the department may alternatively follow the sequence of enforcement actions as provided in RCW 90.03.605.
(2) The possession or use of water without legal right shall be prima facie evidence of the guilt of the person using it.
(3) It is also a misdemeanor to use, store, or divert any water until after the issuance of permit to appropriate such water.
[ 2003 1st sp.s. c 15 § 2; 2003 c 53 § 418; 1917 c 117 § 40; RRS § 7392. Formerly RCW 90.32.010.]
NOTES:
Reviser's note: The effective date of 2003 c 53 § 418 is July 1, 2004. However, 2003 c 53 § 418 was amended by 2003 1st sp.s. c 15 § 2 which has an effective date of September 9, 2003. Consequently, the effective date of this section is September 9, 2003.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.410 - Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.

RCW 90.03.410
Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.
(1) Any person or persons who shall willfully interfere with, or injure or destroy any dam, dike, headgate, weir, canal or reservoir, flume, or other structure or appliance for the diversion, carriage, storage, apportionment, or measurement of water for irrigation, reclamation, power, or other beneficial uses, or who shall willfully use or conduct water into or through his or her ditch, which has been lawfully denied him or her by the water master or other competent authority, or shall willfully injure or destroy any telegraph, telephone, or electric transmission line, or any other property owned, occupied, or controlled by any person, association, or corporation, or by the United States and used in connection with said beneficial use of water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction of any real or personal property, of property destruction and shall incur the penalties set forth in *RCW 9.61.070.
(2) Any person or persons who shall willfully or unlawfully take or use water, or conduct the same into his or her ditch or to his or her land, or land occupied by him or her, and for such purpose shall cut, dig, break down, or open any headgate, bank, embankment, canal or reservoir, flume, or conduit, or interfere with, injure, or destroy any weir, measuring box, or other appliance for the apportionment and measurement of water, or unlawfully take or cause to run or pour out of such structure or appliance any water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction of any real or personal property, of property destruction and shall incur the penalties set forth in *RCW 9.61.070.
(3) The use of water through such structure or structures, appliance or appliances hereinbefore named after its or their having been interfered with, injured or destroyed, shall be prima facie evidence of the guilt of the person using it.
[ 2013 c 23 § 598; 1971 ex.s. c 152 § 8; 1921 c 103 § 2; 1917 c 117 § 41; RRS § 7393. Formerly RCW 90.32.020.]
NOTES:
*Reviser's note: RCW 9.61.070 was repealed by 1975 1st ex.s. c 260 § 9A.92.010, effective July 1, 1976.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.420 - Crimes against water code—Obstruction of right-of-way.

RCW 90.03.420
Crimes against water code—Obstruction of right-of-way.
Whenever any appropriator of water has the lawful right-of-way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto or trespass thereon.
[ 1917 c 117 § 42; RRS § 7394. Formerly RCW 90.32.030.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.430 - Partnership ditches—Action for reimbursement for work done.

RCW 90.03.430
Partnership ditches—Action for reimbursement for work done.
In all cases where irrigating ditches are owned by two or more persons and one or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, such owner or owners desiring the performance of such work as is reasonably necessary to maintain the ditch, may, after having given ten days' written notice to such owner or owners who have failed to perform his, her or their proportionate share of such work, necessary for the operation and maintenance of said ditch or ditches, perform his, her or their share of such work, and recover therefor from such person or persons so failing to perform his, her or their share of such work in any court having jurisdiction of the matter the expense or value of such work or labor so performed: PROVIDED, That no improvement involving an expenditure in excess of one hundred dollars shall be made without the written approval of the department having first been obtained.
[ 1987 c 109 § 96; 1919 c 71 § 3; RRS § 7395. Formerly RCW 90.28.110.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.440 - Partnership ditches—Procedure for division of water between joint owners.

RCW 90.03.440
Partnership ditches—Procedure for division of water between joint owners.
When two or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, and where there is no disagreement as to the ownership of said water, it shall be lawful for any such owner or owners, his or her or their lessee or lessees, or either of them, to apply to the department, in writing, setting forth such fact and giving such information as shall enable the department to estimate the probable expense of such service, asking the department to appoint some suitable person to take charge of such ditch or reservoir for the purpose of making a just division or distribution of the water from the same to the parties entitled to the use thereof. The department shall upon the receipt of such application notify the applicant of the probable expense of such division and upon receipt of certified check for said amount, the department shall appoint a suitable person to make such division. The person so appointed shall take exclusive charge of such ditch or reservoir for the purpose of dividing the water therefrom in accordance with the established rights of the diverters therefrom, and continue the said work until the necessity therefor shall cease to exist. The expense of such investigation and division shall be a charge upon all of the co-owners and the person advancing the payment to the department shall be entitled to recover in any court of competent jurisdiction from his or her co-owners their proportionate share of the expense.
[ 2013 c 23 § 599; 1987 c 109 § 97; 1919 c 71 § 4; RRS § 7396. Formerly RCW 90.28.130.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.450 - Partnership ditches—Lien for labor performed.

RCW 90.03.450
Partnership ditches—Lien for labor performed.
Upon the failure of any co-owner to pay his or her proportionate share of such expense as mentioned in RCW 90.03.430 within thirty days after receiving a statement of the same as performed by his or her co-owner or owners, such person or persons so performing such labor may secure payment of said claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the county auditor of the county wherein said ditch is situated, and when so filed it shall constitute a valid lien against the interest of such person or persons who shall fail to perform their proportionate share of the work requisite to the proper maintenance of said ditch, which said lien when so taken may be enforced in the same manner as provided by law for the enforcement of mechanics' and builders' liens.
[ 2013 c 23 § 600; 1919 c 71 § 5; RRS § 7397. Formerly RCW 90.28.120.]
NOTES:
Mechanics' and materialmen's liens: Chapter 60.04 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.460 - Inchoate rights not affected.

RCW 90.03.460
Inchoate rights not affected.
Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to the circumstances surrounding the enterprise, including the magnitude of the project for putting the water to a beneficial use and the market for the resulting water right for irrigation or power or other beneficial use, in the locality in question.
[ 1917 c 117 § 43; RRS § 7398. Formerly RCW 90.28.140.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.471 - Disposition of fees.

RCW 90.03.471
Disposition of fees.
All fees, collections and revenues derived under RCW 90.03.470 or by virtue of RCW 90.03.180, shall be used exclusively for the purpose of carrying out the work and performing the functions of the division of water resources of the department.
[ 1987 c 109 § 99; 1925 ex.s. c 161 § 3; RRS § 7399-1.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.500 - Stormwater control facilities—Imposition of rates and charges—Legislative findings.

RCW 90.03.500
Stormwater control facilities—Imposition of rates and charges—Legislative findings.
The legislature finds that increasing the surface water or stormwater accumulation on or flow over real property, beyond that which naturally occurs on the real property, may cause severe damage to the real property and limit the gainful use or enjoyment of the real property, resulting in a tort, nuisance, or taking. The damage can arise from activities increasing the point or nonpoint flow of surface water or stormwater over the real property, or altering or interrupting the natural drainage from the real property. The legislature finds that it is in the public interest to permit the construction and operation of public improvements to lessen the damage. The legislature further finds that it is in the public interest to provide for the equitable imposition of special assessments, rates, and charges to fund such improvements. This shall include the imposition of special assessments, rates, and charges on real property to fund that reasonable portion of the public improvements that alleviate the damage arising from activities that are the proximate cause of the damage on other real property. Except as otherwise provided in RCW 90.03.525, these special assessments, rates, and charges may be imposed on any publicly-owned, including state-owned, real property that causes such damage.
[ 1986 c 278 § 62; 1983 c 315 § 8.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 315 § 26.]
Flood control zone districts—Stormwater control improvements: Chapter 86.15 RCW.
Public property subject to rates and charges for stormwater control facilities: RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.510 - Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.

RCW 90.03.510
Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.
Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund stormwater control facilities or improvements and the operation and maintenance of such facilities or improvements under RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005, or 57.08.081, it may provide a credit for the value of stormwater control facilities or improvements that a person or entity has installed or located that mitigate or lessen the impact of stormwater which otherwise would occur.
[ 1996 c 230 § 1616; 1986 c 278 § 63; 1983 c 315 § 9.]
NOTES:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.520 - Stormwater control facilities—Imposition of rates and charges—Definitions.

RCW 90.03.520
Stormwater control facilities—Imposition of rates and charges—Definitions.
The definitions set forth in this section apply to RCW 90.03.525 and 35.67.025.
(1) "State highway right-of-way" means the right-of-way for a state highway. The phrase includes the right-of-way of a state limited access highway inside or outside a city or town but does not include city or town streets forming a part of the route of state highways that are not limited access highways. The term does not include state property under the jurisdiction of the department of transportation that is outside the right-of-way lines of a state highway.
(2) "Stormwater control facility" means any facility, improvement, development, property, or interest therein, made, constructed, or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood, or surplus waters.
(3) "Rate" means the dollar amount charged per unit of surface area of a parcel of real property based upon factors established by the local government utility.
(4) "Comparable real property" means real property equal to the state highway right-of-way or a section of state highway right-of-way in terms of the factors considered by the local government utility in establishing rates.
[ 1986 c 278 § 53.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
Public property subject to rates and charges for stormwater control facilities: RCW 35.67.025.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.540 - Highway construction improvement projects—Joint stormwater treatment facilities.

RCW 90.03.540
Highway construction improvement projects—Joint stormwater treatment facilities.
In the development of highway construction improvement projects, the department of transportation shall coordinate with adjacent local governments, ports, and other public and private organizations to determine opportunities for cost-effective joint stormwater treatment facilities for both new and existing impervious surfaces.
[ 1996 c 285 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.550 - Municipal water supply purposes—Beneficial uses.

RCW 90.03.550
Municipal water supply purposes—Beneficial uses.
Beneficial uses of water under a municipal water supply purposes water right may include water withdrawn or diverted under such a right and used for:
(1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or
(2) Uses that are needed to implement environmental obligations called for by a watershed plan approved under chapter 90.82 RCW, or a comprehensive watershed plan adopted under RCW 90.54.040(1) after September 9, 2003, a federally approved habitat conservation plan prepared in response to the listing of a species as being endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a comprehensive irrigation district management plan.
[ 2003 1st sp.s. c 5 § 2.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.560 - Municipal water supply purposes—Identification.

RCW 90.03.560
Municipal water supply purposes—Identification.
When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are correctly identified as being for municipal water supply purposes. This section authorizes a water right or portion of a water right held or acquired by a municipal water supplier that is for municipal water supply purposes as defined in RCW 90.03.015 to be identified as being a water right for municipal water supply purposes. However, it does not authorize any other water right or other portion of a right held or acquired by a municipal water supplier to be so identified without the approval of a change or transfer of the right or portion of the right for such a purpose.
[ 2003 1st sp.s. c 5 § 3.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.