reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.580 - Failing public water system—Conditions.

RCW 90.03.580
Failing public water system—Conditions.
To be considered a failing public water system for the purposes of RCW 90.03.570, the department of health, in consultation with the department and the local health authority, must make a determination that the system meets one or more of the following conditions:
(1) A public water system has failed, or is in danger of failing within two years, to meet state board of health standards for the delivery of potable water to existing users in adequate quantity or quality to meet basic human drinking, cooking, and sanitation needs or to provide adequate fire protection flows;
(2) The current water source has failed or will fail so that the public water system is or will become incapable of exercising its existing water rights to meet existing needs for drinking, cooking, and sanitation purposes after all reasonable conservation efforts have been implemented; or
(3) A change in source is required to meet drinking water quality standards and avoid unreasonable treatment costs, or the state department of health determines that the existing source of supply is unacceptable for human use.
[ 2003 1st sp.s. c 5 § 15.]
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. › 90.03.591 - New watershed agreements prohibited after July 1, 2008.

RCW 90.03.591
New watershed agreements prohibited after July 1, 2008.
The department may not enter into new watershed agreements under RCW 90.03.590 after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date.
[ 2003 1st sp.s. c 5 § 17.]
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. › 90.03.600 - Civil penalties.

RCW 90.03.600
Civil penalties.
In determining the amount of a penalty to be levied, the department shall consider the seriousness of the violation, whether the violation is repeated or continuous after notice of the violation is given, and whether any damage has occurred to the health or property of other persons. Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the department of ecology may levy civil penalties ranging from one hundred dollars to five thousand dollars per day for violation of any of the provisions of this chapter and chapters 43.83B, 90.22, and 90.44 RCW, and rules, permits, and similar documents and regulatory orders of the department of ecology adopted or issued pursuant to such chapters. The procedures of RCW 90.48.144 shall be applicable to all phases of the levying of a penalty as well as review and appeal of the same.
[ 2003 1st sp.s. c 15 § 3; 1995 c 403 § 635; 1987 c 109 § 157; 1977 ex.s. c 1 § 8. Formerly RCW 43.83B.335.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
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. › 90.03.605 - Compliance—Sequence of enforcement measures—Location of compliance personnel.

RCW 90.03.605
Compliance—Sequence of enforcement measures—Location of compliance personnel.
(1) The department shall, through a network of water masters appointed under this chapter, stream patrollers appointed under chapter 90.08 RCW, and other assigned compliance staff to the extent such a network is funded, achieve compliance with the water laws and rules of the state of Washington in the following sequence:
(a) The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of their water rights and applicable water laws;
(b) When the department determines that a violation has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. As part of this first response, the department shall offer information and technical assistance to the person in writing identifying one or more means to accomplish the person's purposes within the framework of the law; and
(c) If education and technical assistance do not achieve compliance the department shall issue a notice of violation, a formal administrative order under RCW 43.27A.190, or assess penalties under RCW 90.03.600 unless the noncompliance is corrected expeditiously or the department determines no impairment or harm.
(2) Nothing in the section is intended to prevent the department of ecology from taking immediate action to cause a violation to be ceased immediately if in the opinion of the department the nature of the violation is causing harm to other water rights or to public resources.
(3) The department of ecology shall to the extent practicable station its compliance personnel within the watershed communities they serve. To the extent practicable, compliance personnel shall be distributed evenly among the regions of the state.
[ 2002 c 329 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.615 - Calculating annual consumptive quantity.

RCW 90.03.615
Calculating annual consumptive quantity.
For purposes of calculating annual consumptive quantity as defined under RCW 90.03.380(1), if, within the most recent five-year period, the water right has been in the trust water rights program under chapter 90.38 or 90.42 RCW, or the nonuse of the water right has been excused from relinquishment under RCW 90.14.140, the department shall look to the most recent five-year period of continuous beneficial use preceding the date where the excuse for nonuse under RCW 90.14.140 was established and remained in effect.
[ 2009 c 283 § 7.]
NOTES:
Findings—Intent—2009 c 283: See note following RCW 90.42.100.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.620 - Water rights adjudication—Disqualification of judge.

RCW 90.03.620
Water rights adjudication—Disqualification of judge.
(1) A judge in a water right adjudication filed under this chapter may be partially or fully disqualified from hearing the adjudication. Partial disqualification means disqualification from hearing specified claims. Full disqualification means disqualification from hearing any aspect of the adjudication.
(a) A judge is partially disqualified when the judge's impartiality might reasonably be questioned and the apparent or actual partiality is limited to specified claims.
(b) A judge is fully disqualified when the judge's impartiality might reasonably be questioned and the apparent or actual partiality extends beyond limited claims such that the judge should not hear any part of the adjudication.
(2) A judge may recuse himself or herself under this section or a party may file a motion for disqualification. A motion for disqualification must state whether the remedy being sought is full or partial disqualification.
(3)(a) For parties who are named in the original pleadings, a motion for disqualification is timely if it is filed before the judge issues a discretionary order or ruling in the adjudication.
(b) For a party who is joined in the adjudication after the original pleadings have been filed, a motion for disqualification is timely if it is filed within the earliest of either (i) thirty days of being joined in the adjudication; or (ii) after the joinder of the party, before the judge issues a discretionary order or ruling relating to the joined party.
(c) When a motion for disqualification is untimely filed under this subsection (3), the motion will be granted only when necessary to correct a substantial injustice.
(d) For purposes of this section, "discretionary order or ruling" has the same meaning as "order or ruling involving discretion" in RCW 4.12.050.
(4) A party filing a motion for disqualification under this section has the burden of proving by a preponderance of the evidence that the judge should be disqualified under the standards of subsection (1) of this section.
(5) The motion for disqualification may not be heard by the judge against whom the motion is filed. Subject to this limitation, the court may assign the disqualification motion to any superior court judge of the judicial district in which the adjudication was filed or to a visiting superior court judge under RCW 2.56.040.
(6) The standards set forth in RCW 2.28.030, which govern the disqualification of judicial officers generally, may be grounds for disqualification under this section.
[ 2009 c 332 § 3.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.625 - Water rights adjudication—Motion for default.

RCW 90.03.625
Water rights adjudication—Motion for default.
Upon expiration of the filing period established under RCW 90.03.120, the department shall file a motion for default against defendants who have been served but who have failed to timely file an adjudication claim under RCW 90.03.140. A party in default may file a late claim under the same circumstances the party could respond or defend under court rules on default judgments.
[ 2023 c 160 § 4; 2009 c 332 § 4.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.630 - Water rights adjudication—Use for which a statement of claim is required.

RCW 90.03.630
Water rights adjudication—Use for which a statement of claim is required.
If an adjudication claim is for a use for which a statement of claim was required to be filed under chapter 90.14 RCW and no such claim was filed, the department may move that the adjudication claim be denied. The court shall grant the department's motion unless the claimant shows good cause why the motion should not be granted.
[ 2009 c 332 § 5.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.635 - Water rights adjudication—Filing of evidence.

RCW 90.03.635
Water rights adjudication—Filing of evidence.
(1) Within the date set by the court for filing evidence, each claimant shall file with the court evidence to support the claimant's adjudication claims. The court is encouraged to set a date for filing evidence that is reasonable and fair for the timely processing of the adjudication. The evidence may include, without limitation, permits or certificates of water right, statements of claim made under chapter 90.14 RCW, deeds, documents related to issuance of a land patent, aerial photographs, decrees of previous water rights adjudications, crop records, records of livestock purchases and sales, records of power use, metering records, declarations containing testimonial evidence, records of diversion, withdrawal or storage and delivery by irrigation districts or ditch companies, and any other evidence to support that a water right was obtained and was not thereafter abandoned or relinquished. The evidence filed may include matters that are outside the original adjudication claim filed, and within the date set by the court for filing evidence, the claimant may amend the adjudication claim to conform to the evidence filed. Thereafter, except for good cause shown, a claimant may not file additional evidence to support the claim.
(2) For an adjudication filed in water resource inventory area 1 after June 1, 2023, the latest date for filing evidence to support the claimant's adjudication claims shall be no less than three years after the date for the filing of adjudication claims by a party set by the court under RCW 90.03.120, unless special rules of procedure established by the court pursuant to RCW 90.03.160(3) provide for a later date. Simplified procedures for claimants of small uses of water under RCW 90.03.160(3) are not subject to this provision.
[ 2023 c 160 § 5; 2009 c 332 § 8.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.640 - Water rights adjudication—Preliminary investigation—Department's report of findings.

RCW 90.03.640
Water rights adjudication—Preliminary investigation—Department's report of findings.
(1) Upon the receipt of adjudication claims and the filing of claimants' evidence, the department shall conduct a preliminary investigation for the purpose of examining:
(a) The uses of the subject waters by and any physical works in connection with the persons to whom the adjudication applies; and
(b) The uses for which a statement of claim has been filed under chapter 90.14 RCW or for which the department has a permit or certificate of water right on record.
(2)(a) The examination may include, as the department deems appropriate:
(i) An estimation of the amount of water that is reasonably necessary to accomplish various beneficial uses within the area;
(ii) The measurement of streamflows;
(iii) The measurement of any diversion or withdrawal rates;
(iv) An estimation of storage capacity and the amount of water stored;
(v) The types and numbers of stock watered;
(vi) The number of residences served;
(vii) The location and size of any irrigated land areas; and
(viii) Any other information pertinent to the determination of water rights in an adjudication under this chapter.
(b) The department may also take other necessary steps and gather other data and information as may be essential to the proper understanding of the water uses and associated rights of the affected water users, including review of each claimant's adjudication claim and evidence the claimant filed to support the claim. The claimants and the department are encouraged to confer as may be beneficial to clarify the factual and legal basis for the claim. To the extent consistent with court rules, the court may deem it appropriate to encourage claimants and the department to work closely together to reach agreement on a claimed water right that may result in timely settlement of water rights, reduced costs for the parties, greater equity and general public service, and better information that may be used for overall water management.
(3) The department shall file with the court the department's report of findings as to each adjudication claim filed timely under RCW 90.03.140. The department may divide its report of findings into two or more segments, covering particular drainages, uses, or other appropriate bases for dividing the report on adjudication claims. Based on the evidence filed by claimants and the department's report of findings, the department shall file with the superior court either or both of the following motions:
(a) A motion for a partial decree in favor of all stated claims under RCW 90.03.140 that the department finds to be substantiated with factual evidence; or
(b) A motion seeking determination of contested claims before the court.
[ 2009 c 332 § 9.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.645 - Water rights adjudication—Early settlement encouraged—Approval of settlement.

RCW 90.03.645
Water rights adjudication—Early settlement encouraged—Approval of settlement.
(1) The legislature finds that early settlement of contested claims is needed for a fair and efficient adjudication of water rights. Therefore, the department and other parties should identify opportunities for settlement following the date set by the court for filing of claims. To the extent consistent with court rules, the court as it deems beneficial is encouraged to urge as many parties to the adjudication as possible to reach timely agreement on claimed water rights in a manner that limits costs to the public, claimants, counties, courts, and the department. Further, at appropriate times throughout the process the court as it deems beneficial is encouraged to direct parties to utilize alternative methods of dispute resolution, including informal meetings, negotiation, mediation, or other methods to reach agreement on disputed claims.
(2) Any time after the filing of all claims under RCW 90.03.140, the department or another party may move the superior court to allow parties to meet for settlement discussions for a set length of time, either before an appointed mediator or without a mediator. For good cause shown, the court may extend the length of time for settlement discussions. The costs of mediation must be equitably borne by the parties to the mediation.
(3) If the department and a claimant reach agreement on settlement, the department shall file a motion to approve the settlement pursuant to RCW 90.03.640(3)(a) and shall disclose the terms of the settlement to other parties to the adjudication. The court shall conduct a hearing prior to approving a settlement and any party to the adjudication may object or offer modifications to the settlement.
[ 2023 c 160 § 6; 2009 c 332 § 11.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.650 - Water rights processing account.

RCW 90.03.650
Water rights processing account.
The water rights processing account is created in the state treasury. All receipts from the fees collected under RCW 90.03.655, 90.03.665, and 90.44.540 must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may only be used to support the processing of water right applications for a new appropriation, change, transfer, or amendment of a water right as provided in this chapter and chapters 90.42 and 90.44 RCW or for the examination, certification, and renewal of certification of water right examiners as provided in RCW 90.03.665. During the 2015-2017 fiscal biennium the legislature may transfer from the water rights processing account to the state drought preparedness account.
[ 2016 sp.s. c 36 § 949; 2010 c 285 § 4.]
NOTES:
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Intent—2010 c 285: See note following RCW 90.03.265.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.660 - Expedited processing of applications—Notice to tribal governments.

RCW 90.03.660
Expedited processing of applications—Notice to tribal governments.
The department must post notice on its website and provide additional electronic notice and opportunity for comment to affected federally recognized tribal governments concurrently when providing notice to applicants under RCW 90.03.265, 90.03.655, and 90.44.540.
[ 2010 c 285 § 6.]
NOTES:
Intent—2010 c 285: See note following RCW 90.03.265.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.670 - Processing of water right applications—Scope of chapter 285, Laws of 2010.

RCW 90.03.670
Processing of water right applications—Scope of chapter 285, Laws of 2010.
Nothing in chapter 285, Laws of 2010 affects or diminishes the processing of water right applications under any other existing authority, including but not limited to existing authority for the priority processing of applications by the department.
[ 2010 c 285 § 13.]
NOTES:
Intent—2010 c 285: See note following RCW 90.03.265.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.03 - Water Code. › 90.03.675 - Stormwater retention ponds—Mosquito abatement.

RCW 90.03.675
Stormwater retention ponds—Mosquito abatement.
(1) A county, city, town, water-sewer district, or flood control zone district constructing, improving, operating, or maintaining stormwater control facilities under chapter 35.67, 35.92, 36.89, 36.94, 57.08, or 86.15 RCW that include stormwater retention ponds, also known as wet ponds, wet retention ponds, or wet extended detention ponds, as part of a stormwater control facility for which the primary function of the pond is to detain stormwater, must:
(a) Consider and to the extent possible consistent with department design guidelines, and without compromising the intended function of the stormwater retention pond, construct stormwater retention ponds to maintain and control vegetation to minimize mosquito propagation;
(b) Consult with the local mosquito control district, where established, in the development of construction plans that include stormwater retention ponds; and
(c) Provide for maintenance and control of vegetation growth in stormwater retention ponds to reduce mosquito habitat and inhibit mosquito propagation without compromising the intended function of a stormwater retention pond.
(2) A county, city, town, water-sewer district, or flood control zone district operating or maintaining stormwater control facilities must, except where mosquito control districts are established, when notified by the department of health or a local health jurisdiction of the positive identification of west nile virus or other mosquito-borne human disease viruses in mosquitoes, birds, or mammals, including humans, consult with the department of health or a mosquito control district concerning which integrated pest management strategies, as defined under chapter 17.15 RCW, for mosquito control or abatement in stormwater retention ponds would be most effective to prevent the spread of the disease.
(3) Where a mosquito control district is established, when notified by the department of health or a local health jurisdiction of the positive identification of west nile virus or other mosquito-borne human disease viruses in mosquitoes, birds, or mammals, including humans, the mosquito control district is responsible for mosquito control or abatement in stormwater retention ponds.
[ 2013 c 209 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.08 - Stream Patrollers. › 90.08.040 - Stream patroller—Appointment—Powers.

RCW 90.08.040
Stream patroller—Appointment—Powers.
Where water rights of a stream have been adjudicated a stream patroller shall be appointed by the director of the department of ecology upon application of water users having adjudicated water rights in each particular water resource making a reasonable showing of the necessity therefor, which application shall have been approved by the district water master if one has been appointed, at such time, for such stream, and for such periods of service as local conditions may indicate to be necessary to provide the most practical supervision and to secure to water users and owners the best protection in their rights.
The stream patroller shall have the same powers as a water master appointed under RCW 90.03.060, but his or her district shall be confined to the regulation of waters of a designated stream or streams. Such patroller shall be under the supervision of the director or his or her designated representative. He or she shall also enforce such special rules and regulations as the director may prescribe from time to time.
[ 2013 c 23 § 601; 1977 c 22 § 1; 1925 ex.s. c 162 § 1; RRS § 7351-1.]
NOTES:
Water masters
appointment, compensation: RCW 90.03.060.
duties: RCW 90.03.070.
power of arrest: RCW 90.03.090.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.08 - Stream Patrollers. › 90.08.050 - Stream patrollers—Compensation, travel expenses.

RCW 90.08.050
Stream patrollers—Compensation, travel expenses.
Each stream patroller shall receive a wage per day for each day actually employed in the duties of his or her office, or if employed by the month, he or she shall receive a salary per month, which wage or salary shall be fixed in the manner provided by law for the fixing of the salaries or compensation of other state officers or employees, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, to be paid by the county in which the work is performed. In case the service extends over more than one county, each county shall pay its equitable part of such wage to be apportioned by the director. He or she shall be reimbursed for actual necessary expenses when absent from his or her designated headquarters in the performance of his or her duties, such expense to be paid by the county in which he or she renders the service. The accounts of the stream patroller shall be audited and certified by the director and the county auditor shall issue a warrant therefor upon the current expense fund.
[ 2013 c 23 § 602; 1977 c 22 § 2; 1975-'76 2nd ex.s. c 34 § 180; 1947 c 123 § 1; 1925 ex.s. c 162 § 2; Rem. Supp. 1947 § 7351-2.]
NOTES:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Public officers, salaries and fees: Chapter 42.16 RCW.
State government, salaries and expenses: Chapter 43.03 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.08 - Stream Patrollers. › 90.08.060 - Stream patrollers—Users to share in payment of compensation.

RCW 90.08.060
Stream patrollers—Users to share in payment of compensation.
The salary of the stream patroller shall be borne by the water users receiving the benefits and shall be paid to the county or counties in the following manner:
The county or counties may assess each water user for his or her proportionate share of the total stream patroller expense in the same ratio that the amount of water diverted by him or her bears to the total amount diverted from the stream during each season, on an annual basis, to recover all such county expenses. The stream patroller shall keep an accurate record of the amount of water diverted by each water user coming under his or her supervision. On the first of each month the stream patroller shall present his or her record of water diversion to the county or counties for the preceding month. Where the water users are organized into an irrigation district or water users' association, such organization may enter into an agreement with the county or counties for direct payment to the stream patroller in order to minimize administrative costs.
[ 2013 c 23 § 603; 1977 c 22 § 3; 1925 ex.s. c 162 § 3; RRS § 7351-3.]
NOTES:
Irrigation districts generally: Chapter 87.03 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.08 - Stream Patrollers. › 90.08.070 - Right of county to sue user for unpaid share of expenses.

RCW 90.08.070
Right of county to sue user for unpaid share of expenses.
Upon failure of any water user to pay his or her proportionate share of the expense referred to in RCW 90.08.050 and 90.08.060, the county or counties shall be entitled to sue for and recover any such unpaid portion in any court of competent jurisdiction.
[ 2013 c 23 § 604; 1977 c 22 § 4; 1925 ex.s. c 162 § 4; RRS § 7351-4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.010 - Purpose.

RCW 90.14.010
Purpose.
The future growth and development of the state is dependent upon effective management and efficient use of the state's water resources. The purpose of this chapter is to provide adequate records for efficient administration of the state's waters, and to cause a return to the state of any water rights which are no longer exercised by putting said waters to beneficial use.
[ 1967 c 233 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.020 - Legislative declaration.

RCW 90.14.020
Legislative declaration.
The legislature finds that:
(1) Extensive uncertainty exists regarding the volume of private claims to water in the state;
(2) Such uncertainty seriously retards the efficient utilization and administration of the state's water resources, and impedes the fullest beneficial use thereof;
(3) A strong beneficial use requirement as a condition precedent to the continued ownership of a right to withdraw or divert water is essential to the orderly development of the state;
(4) Enforcement of the state's beneficial use policy is required by the state's rapid growth;
(5) All rights to divert or withdraw water, except riparian rights which do not diminish the quantity of water remaining in the source such as boating, swimming, and other recreational and aesthetic uses must be subjected to the beneficial use requirement;
(6) The availability for appropriation of additional water as a result of the requirements of this chapter will accelerate growth, development, and diversification of the economy of the state;
(7) Water rights will gain sufficient certainty of ownership as a result of this chapter to become more freely transferable, thereby increasing the economic value of the uses to which they are put, and augmenting the alienability of titles to land.
[ 1967 c 233 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.031 - Definitions.

RCW 90.14.031
Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings:
(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agency, and the United States of America when claiming water rights established under the laws of the state of Washington.
(2) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power, and navigation.
[ 1969 ex.s. c 284 § 12.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.041 - Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions.

RCW 90.14.041
Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions.
All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as provided in this section, RCW 90.14.043, and 90.14.068, shall file with the department of ecology not later than June 30, 1974, a statement of claim for each water right asserted on a form provided by the department. Neither this section nor RCW 90.14.068 apply to any water rights which are based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors. Further, RCW 90.14.068 does not apply to the beneficial uses of water which are the subject of statements of claim in the water rights claims registry prior to September 1, 1997, or which are exempted from permit and application requirements by RCW 90.44.050 and neither this section nor RCW 90.14.068 requires that statements of claims for such uses be filed during the filing period established by RCW 90.14.068.
[ 1997 c 440 § 2; 1988 c 127 § 73; 1969 ex.s. c 284 § 13.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.043 - Claim of right to withdraw, divert or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions.

RCW 90.14.043
Claim of right to withdraw, divert or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions.
(1) Notwithstanding any time restrictions imposed by the provisions of chapter 90.14 RCW, a person may file a claim pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided in this section.
(2) A certification shall be issued by the pollution control hearings board if, upon petition to the board, it is shown to the satisfaction of the board that:
(a) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) in the case of surface water beginning not later than June 7, 1917, and in the case of groundwater beginning not later than June 7, 1945, or
(b) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) from the date of entry of a court decree confirming a water right and any failure to register a claim resulted from a reasonable misinterpretation of the requirements as they related to such court decreed rights.
(3) The board shall have jurisdiction to accept petitions for certification from any person through September 1, 1985, and not thereafter.
(4) A petition for certification shall include complete information on the claim pursuant to RCW 90.14.051 (1) through (8), and any such information as the board may require.
(5) The department of ecology is directed to accept for filing any claim certified by the board as provided in subsection (2) of this section. The department of ecology, upon request of the board, may provide assistance to the board pertinent to any certification petition.
(6) A certification by the pollution control hearings board or a filing with the department of ecology of a claim under this section shall not constitute a determination or confirmation that a water right exists.
(7) The provisions of RCW 90.14.071 shall have no applicability to certified claims filed pursuant to this section.
(8) This section shall have no applicability to groundwaters resulting from the operations of reclamation projects.
[ 1985 c 435 § 1; 1979 ex.s. c 216 § 4.]
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 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.044 - Existing water rights not impaired.

RCW 90.14.044
Existing water rights not impaired.
The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition for certification filed during the period beginning on July 28, 1985, and ending on midnight, September 1, 1985, shall not affect or impair in any respect whatsoever any water right existing prior to July 28, 1985.
[ 1985 c 435 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.051 - Statement of claim—Contents—Short form.

RCW 90.14.051
Statement of claim—Contents—Short form.
The statement of claim for each right shall include substantially the following:
(1) The name and mailing address of the claimant.
(2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available.
(3) The quantities of water and times of use claimed.
(4) The legal description, with reasonable certainty, of the point or points of diversion and places of use of waters.
(5) The purpose of use, including, if for irrigation, the number of acres irrigated.
(6) The approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (3).
(7) The legal doctrine or doctrines upon which the right claimed is based, including if statutory, the specific statute.
(8) The sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.
Except, however, that any claim for diversion or withdrawal of surface or ground water for those uses described in the exemption from the permit requirements of RCW 90.44.050 may be filed on a short form to be provided by the department. Such short form shall only require inclusion of sufficient data to identify the claimant, source of water, purpose of use and legal description of the land upon which the water is used: PROVIDED, That the provisions of RCW 90.14.081 pertaining to evidentiary value of filed claims shall not apply to claims submitted in short form: AND PROVIDED FURTHER, That claimants for such minimal uses may, at their option, file statements of claim on the standard form used by all other claimants.
[ 1973 1st ex.s. c 113 § 1; 1969 ex.s. c 284 § 14.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.061 - Statement of claim—Filing procedure—Processing of claim—Fee.

RCW 90.14.061
Statement of claim—Filing procedure—Processing of claim—Fee.
Filing of a statement of a claim shall take place and be completed upon receipt by the department of ecology, at its office in Olympia, of an original statement signed by the claimant or his or her authorized agent, and two copies thereof. Any person required to file hereunder may file through a designated representative. A company, district, public or municipal corporation, or the United States when furnishing to persons water pertaining to water rights required to be filed under RCW 90.14.041, shall have the right to file one claim on behalf of said persons on a form prepared by the department for the total benefits of each person served; provided that a separate claim shall be filed by such company, district, public or private corporation, or the United States for each operating unit of the filing entity providing such water and for each water source. Within thirty days after receipt of a statement of claim the department shall acknowledge the same by a notation on one copy indicating receipt thereof and the date of receipt, together with the wording of the first sentence of RCW 90.14.081, and shall return said copy by certified or registered mail to the claimant at the address set forth in the statement of claim. No statement of claim shall be accepted for filing by the department of ecology unless accompanied by a two dollar filing fee.
[ 2013 c 23 § 605; 1988 c 127 § 74; 1969 ex.s. c 284 § 15.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.065 - Statement of claim—Amendment—Surface water right claim change or transfer—Review of department of ecology's determination.

RCW 90.14.065
Statement of claim—Amendment—Surface water right claim change or transfer—Review of department of ecology's determination.
(1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry may submit to the department of ecology for filing an amendment to such a statement of claim if the submitted amendment is based on:
(i) An error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.051 if the applicant provides reasons for the failure to claim such right in the original claim;
(ii) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; or
(iii) The amendment is ministerial in nature.
(b) The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of (a)(i), (ii), or (iii) of this subsection have not been satisfied.
(2) In addition to subsection (1) of this section, a surface water right claim may be changed or transferred in the same manner as a permit or certificate under RCW 90.03.380, and a water right claim for groundwater may be changed or transferred as provided under RCW 90.03.380 and 90.44.100.
(3) Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department. The provisions of RCW 90.14.081 shall apply to any amendment filed or approved under this section.
[ 2010 c 285 § 8; 1987 c 93 § 1.]
NOTES:
Intent—2010 c 285: See note following RCW 90.03.265.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.071 - Failure to file claim waives and relinquishes right.

RCW 90.14.071
Failure to file claim waives and relinquishes right.
Except as provided in *section 5 of this act or as exempted from filing by RCW 90.14.041, any person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.041, who fails to file a statement of claim as provided in RCW 90.14.041, 90.14.043, or 90.14.068 and in RCW 90.14.051 and 90.14.061, shall be conclusively deemed to have waived and relinquished any right, title, or interest in said right.
[ 1997 c 440 § 3; 1969 ex.s. c 284 § 16.]
NOTES:
*Reviser's note: Section 5 of this act was vetoed by the governor.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.081 - Filing of claim not deemed adjudication of right—Prima facie evidence.

RCW 90.14.081
Filing of claim not deemed adjudication of right—Prima facie evidence.
The filing of a statement of claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one or more water use claimants and another or others. A statement of claim filed pursuant to RCW 90.14.061 shall be admissible in a general adjudication of water rights as prima facie evidence of the times of use and the quantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accord with the times of use and quantity of water claimed in the statement of claim. A statement of claim shall not otherwise be evidence of the priority of the claimed water right.
[ 1969 ex.s. c 284 § 17.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.091 - Definitions—Water rights notice—Form.

RCW 90.14.091
Definitions—Water rights notice—Form.
For the purpose of RCW 90.14.031 through 90.14.121 the following words and phrases shall have the following meanings:
(1) "Statement of taxes due" means the statement required under RCW 84.56.050.
(2) "Notice in writing" means a notice substantially in the following form:
WATER RIGHTS NOTICE
Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency and the state of Washington, and the United States of America, when claiming water rights established under the laws of the state of Washington, are hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state, except those water rights based upon authority of a permit or certificate issued by the department of ecology or one of its predecessors, must be registered with the department of ecology, Olympia, Washington not later than June 30, 1974. FAILURE TO REGISTER AS REQUIRED BY LAW WILL RESULT IN A WAIVER AND RELINQUISHMENT OF SAID WATER RIGHT OR CLAIMED WATER RIGHT. For further information contact the Department of Ecology, Olympia, Washington, for a copy of the act and an explanation thereof.
[ 1988 c 127 § 75; 1969 ex.s. c 284 § 18.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.101 - Notice of chapter provisions—How given—Requirements.

RCW 90.14.101
Notice of chapter provisions—How given—Requirements.
To insure that all persons referred to in RCW 90.14.031 and 90.14.041 are notified of the registration provisions of this chapter, the department of ecology is directed to give notice of the registration provisions of this chapter as follows:
(1) It shall cause a notice in writing to be placed in a prominent and conspicuous place in all newspapers of the state having a circulation of more than fifty thousand copies for each weekday, and in at least one newspaper published in each county of the state, at least once each year for five consecutive years.
(2) It shall cause a notice substantially the same as a notice in writing to be broadcast by each commercial television station operating in the United States and viewed in the state, and by at least one commercial radio station operating from each county of the state having such a station regularly at six month intervals for five consecutive years.
(3) It shall cause a notice in writing to be placed in a prominent and conspicuous location in each county courthouse in the state.
(4) The county treasurer of each county shall enclose with each mailing of one or more statements of taxes due issued in 1972 a copy of a notice in writing and a declaration that it shall be the duty of the recipient of the statement of taxes due to forward the notice to the beneficial owner of the property. A sufficient number of copies of the notice and declaration shall be supplied to each county treasurer by the director of ecology before the fifteenth day of January, 1972. In the implementation of this subsection the department of ecology shall provide reimbursement to the county treasurer for the reasonable additional costs, if any there may be, incurred by said treasurer arising from the inclusion of a notice in writing as required herein.
(5) It shall provide copies of the notice in writing to the press services with offices located in Thurston county during January of the years 1970, 1971, 1972, 1973, and 1974.
The director of the department may also in his or her discretion give notice in any other manner which will carry out the purposes of this section. Where notice in writing is given pursuant to subsections (1) and (3) of this section, RCW 90.14.041, 90.14.051, and 90.14.071 shall be set forth and quoted in full.
[ 2013 c 23 § 606; 1988 c 127 § 76; 1969 ex.s. c 284 § 19.]
NOTES:
Reviser's note: "this 1969 amendatory act" has been changed to "this chapter" in the first paragraph. "This 1969 amendatory act" [1969 ex.s. c 284] consists of RCW 90.48.290, former RCW 90.48.295, since repealed, RCW 90.22.010 through 90.22.040, 90.14.031 through 90.14.121, 43.27A.190 through 43.27A.220, 43.27A.075, and repeals RCW 43.21.145 and 90.14.030 through 90.14.120.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.111 - Water rights claims registry.

RCW 90.14.111
Water rights claims registry.
The department of ecology is directed to establish a registry entitled the "Water Rights Claims Registry". All claims set forth pursuant to RCW 90.14.041, 90.14.051 and 90.14.061 shall be filed in the registry alphabetically and consecutively by control number, and by such other manner as deemed appropriate by the department.
[ 1988 c 127 § 77; 1969 ex.s. c 284 § 20.]
NOTES:
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.