reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.400 - Puget Sound recovery account.

RCW 90.71.400
Puget Sound recovery account.
The Puget Sound recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Federal grants, gifts, or other financial assistance received by the Puget Sound partnership and other state agencies from nonstate sources for the specific purpose of recovering Puget Sound may be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the protection and recovery of Puget Sound.
[ 2007 c 341 § 23.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.410 - Lake Whatcom phosphorus loading demonstration program.

RCW 90.71.410
Lake Whatcom phosphorus loading demonstration program.
(1) The partnership shall assist the city of Bellingham and Whatcom county to implement a demonstration program regarding phosphorus loading into Lake Whatcom. The partnership shall assist the city and county to secure funding from federal and nongovernmental sources and work to secure funding commitments from the city and county as well. The demonstration program must be implemented by the city and the county and include elements for prevention, education, compliance, and monitoring to reduce to a minimum the introduction of phosphorus-bearing materials into Lake Whatcom. The partnership shall share the results of this program with other jurisdictions in Puget Sound seeking to reduce phosphorus loading.
(2) Any grant made under this section must be matched by at least an equal amount from nonstate sources.
[ 2009 c 48 § 2.]
NOTES:
Findings—Intent—2009 c 48: "(1) The legislature finds that:
(a) The Puget Sound 2020 action agenda identifies water pollution as a primary threat to the health of Puget Sound and restoration of polluted waters as a top priority;
(b) Lake Whatcom is the drinking water reservoir for the city of Bellingham and the Lake Whatcom watershed provides fresh drinking water to one-half the population of Whatcom county;
(c) Whatcom creek flows out of Lake Whatcom and directly into Bellingham Bay which is the subject of a multiagency clean-up effort, the Bellingham Bay demonstration pilot project;
(d) The Puget Sound 2020 action agenda's area profile for Whatcom county identifies phosphorous pollution of Lake Whatcom as a key threat;
(e) Silver Beach creek is a major tributary to Lake Whatcom and its watershed is shared by the city of Bellingham and Whatcom county;
(f) Two decades of monitoring has shown that Silver Beach creek has some of the highest phosphorus loading of Lake Whatcom tributaries;
(g) Implementation of the recently completed watershed management plan and water cleanup plan for Lake Whatcom is identified as a priority strategy in the Puget Sound 2020 action agenda's priorities for Whatcom county; and
(h) Implementation of operations and management plans to manage on-site sewage systems around Lake Whatcom is identified as a key restoration strategy in Whatcom county.
(2) The legislature intends by this act to assist the city of Bellingham and Whatcom county in implementing a demonstration program to reduce phosphorus loading in the Lake Whatcom and Whatcom creek watershed and to share the lessons learned from this program with other jurisdictions in the Puget Sound basin working to reduce phosphorus loading." [ 2009 c 48 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.420 - Report to the legislature.

RCW 90.71.420
Report to the legislature.
Nothing in this chapter may be construed to relieve the partnership of the need to provide a written report to the legislature each biennium pursuant to RCW 90.71.370(3), which must also include references to ongoing science-related activities and monitoring efforts that inform the findings of the report.
[ 2017 c 54 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.430 - Environmental justice obligations of the Puget Sound partnership.

RCW 90.71.430
Environmental justice obligations of the Puget Sound partnership.
The partnership must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.
[ 2021 c 314 § 10.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.904 - Transfer of powers, duties, and functions—References to chair of the Puget Sound action team.

RCW 90.71.904
Transfer of powers, duties, and functions—References to chair of the Puget Sound action team.
(1) The Puget Sound action team is hereby abolished and its powers, duties, and functions are hereby transferred to the Puget Sound partnership as consistent with this chapter. All references to the chair or the Puget Sound action team in the Revised Code of Washington shall be construed to mean the executive director or the Puget Sound partnership.
(2)(a) All employees of the Puget Sound action team are transferred to the jurisdiction of the Puget Sound partnership.
(b) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Puget Sound action team shall be delivered to the custody of the Puget Sound partnership. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Puget Sound action team shall be made available to the Puget Sound partnership. All funds, credits, or other assets held by the Puget Sound action team shall be assigned to the Puget Sound partnership.
(c) Any appropriations made to the Puget Sound action team shall, on July 1, 2007, be transferred and credited to the Puget Sound partnership.
(d) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the Puget Sound action team shall be continued and acted upon by the Puget Sound partnership. All existing contracts and obligations shall remain in full force and shall be performed by the Puget Sound partnership.
(4) The transfer of the powers, duties, functions, and personnel of the Puget Sound action team shall not affect the validity of any act performed before July 1, 2007.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law.
[ 2007 c 341 § 41.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.907 - Effective date—2007 c 341.

RCW 90.71.907
Effective date—2007 c 341.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007.
[ 2007 c 341 § 70.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.020 - Shellfish tidelands.

RCW 90.72.020
Shellfish tidelands.
For purposes of this chapter, "shellfish tidelands" means all saltwater tidelands on which shellfish are grown or harvested for human consumption.
[ 1985 c 417 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.045 - Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report.

RCW 90.72.045
Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report.
The county legislative authority shall create a shellfish protection district and establish a shellfish protection program developed under RCW 90.72.030 or an equivalent program to address the causes or suspected causes of pollution within one hundred eighty days after the department of health, because of water quality degradation due to ongoing nonpoint sources of pollution has closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county. The county legislative authority shall initiate implementation of the shellfish protection program within sixty days after it is established.
A copy of the program must be provided to the departments of health, ecology, and agriculture. An agency that has regulatory authority for any of the sources of nonpoint pollution covered by the program shall cooperate with the county in its implementation. The county legislative authority shall submit a written report to the department of health annually that describes the status and progress of the program. If rates or fees are collected under RCW 90.72.070 for implementation of the shellfish protection district program, the annual report shall provide sufficient detail of the expenditure of the revenue collected to ensure compliance with RCW 90.72.070.
[ 2008 c 250 § 2; 2007 c 150 § 2; 1992 c 100 § 4.]
NOTES:
Findings—1992 c 100: See note following RCW 90.72.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.060 - Decisions addressing conflicting uses—Integration of the state environmental policy act and county ordinances and resolutions with programs.

RCW 90.72.060
Decisions addressing conflicting uses—Integration of the state environmental policy act and county ordinances and resolutions with programs.
Whenever a governmental entity makes a decision which addresses a matter in which there is a conflict between (1) on the one hand, a proposed development, proposed change in land use controls, or proposed change in the provision of utility services; and (2) on the other hand, the long-term use of an area for the growing or harvesting of shellfish, which area is within the boundaries of a shellfish protection district, then the governmental entity making the decision must observe the requirements of chapter 43.21C RCW and county ordinances or resolutions integrating the state environmental policy act of 1971 into the various programs under county jurisdiction.
[ 1985 c 417 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.065 - Plans to control pollution effects of animal waste—Contracts with conservation districts.

RCW 90.72.065
Plans to control pollution effects of animal waste—Contracts with conservation districts.
Within available funding and as specified in the shellfish protection program, counties creating shellfish protection districts shall contract with conservation districts to draft plans with landowners to control pollution effects of animal waste.
[ 1992 c 100 § 5.]
NOTES:
Findings—1992 c 100: See note following RCW 90.72.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.070 - Program financing—Activities not subject to fees, rates, or charges—Collection of charges or rates.

RCW 90.72.070
Program financing—Activities not subject to fees, rates, or charges—Collection of charges or rates.
The county legislative authority establishing a shellfish protection district may finance the protection program through (1) county tax revenues, (2) reasonable inspection fees and similar fees for services provided, (3) reasonable charges or rates specified in its protection program, or (4) federal, state, or private grants. A dairy animal feeding operation with a certified dairy nutrient management plan as required in chapter 90.64 RCW and any other commercial agricultural operation on agricultural lands as defined in RCW 36.70A.030 shall be subject to fees, rates, or charges by a shellfish protection district of no more than five hundred dollars in a calendar year. Facilities permitted and assessed fees for wastewater discharge under the national pollutant discharge elimination system shall not be subject to fees, rates, or charges for wastewater discharge by a shellfish protection district. Lands classified as forestland under chapter 84.33 RCW and timberland under chapter 84.34 RCW shall not be subject to fees, rates, or charges by a shellfish protection district. Counties may collect charges or rates in the manner determined by the county legislative authority.
[ 2008 c 250 § 3; 1992 c 100 § 6; 1985 c 417 § 7.]
NOTES:
Findings—1992 c 100: See note following RCW 90.72.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.080 - State water quality financial assistance—Priority to counties with shellfish protection districts.

RCW 90.72.080
State water quality financial assistance—Priority to counties with shellfish protection districts.
Counties that have formed shellfish protection districts shall receive high priority for state water quality financial assistance to implement shellfish protection programs, including grants and loans provided under RCW 43.83.350 , chapters *70.146 and 90.50A RCW.
[ 2015 1st sp.s. c 4 § 57; 1992 c 100 § 7.]
NOTES:
*Reviser's note: Chapter 70.146 RCW was recodified as chapter 70A.135 RCW pursuant to 2020 c 20 § 2046.
Findings—1992 c 100: See note following RCW 90.72.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.72 - Shellfish Protection Districts. › 90.72.900 - Certain authority of counties not affected by chapter.

RCW 90.72.900
Certain authority of counties not affected by chapter.
This chapter shall not be considered as diminishing or affecting the authority of a county to adopt and enforce programs or controls, within all or a portion of the county, to deal with nonpoint pollution.
[ 1985 c 417 § 8.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.74 - Aquatic Resources Mitigation. › 90.74.005 - Findings—Intent.

RCW 90.74.005
Findings—Intent.
(1) The legislature finds that:
(a) The state lacks a clear policy relating to the mitigation of wetlands and aquatic habitat for infrastructure development;
(b) Regulatory agencies have generally required project proponents to use compensatory mitigation only at the site of the project's impacts and to mitigate narrowly for the habitat or biological functions impacted by a project;
(c) This practice of considering traditional on-site, in-kind mitigation may provide fewer environmental benefits when compared to innovative mitigation proposals that provide benefits in advance of a project's planned impacts and that restore functions or habitat other than those impacted at a project site;
(d) Regulatory decisions on development proposals that attempt to incorporate innovative mitigation measures take an unreasonably long period of time and are subject to a great deal of uncertainty and additional expenses; and
(e) Greater environmental benefits may be achievable through compensatory environmental mitigation when the collective mitigation investments of project proponents is paired with the structure of successful state programs that are referenced in statute and are designed to enhance and preserve aquatic and riparian functions when there is a clear linkage between the environmental impacts and the goals of the state program. Programs such as the forestry riparian easement program, the family forest fish passage program, and the riparian open space program created pursuant to RCW 76.09.040 may have a logical and physical nexus with many underlying projects, especially road projects, and are proven to create a sustained benefit in the aquatic environment.
(2) The legislature therefore declares that it is the policy of the state to authorize innovative mitigation measures by requiring state regulatory agencies to consider mitigation proposals for projects that are timed, designed, and located in a manner to provide equal or better biological functions and values compared to traditional on-site, in-kind mitigation proposals.
(3) It is the intent of the legislature to authorize local governments to accommodate the goals of this chapter. It is not the intent of the legislature to: (a) Restrict the ability of a project proponent to pursue project specific mitigation; or (b) create any new authority for regulating wetlands or aquatic habitat beyond what is specifically provided for in this chapter.
[ 2012 c 62 § 2; 1997 c 424 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.74 - Aquatic Resources Mitigation. › 90.74.010 - Definitions.

RCW 90.74.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Compensatory mitigation" means the restoration, creation, enhancement, or preservation of uplands, wetlands, or other aquatic resources for the purposes of compensating for unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved. "Compensatory mitigation" includes mitigation that:
(a) Occurs at the same time as, or in advance of, a project's planned environmental impacts;
(b) Is located in a site either on, near, or distant from the project's impacts; and
(c) Provides either the same or different biological functions and values as the functions and values impacted by the project.
(2) "Family forest fish passage program" means the program administered by the recreation and conservation office created pursuant to RCW 76.09.410 that provides public cost assistance to small forestland owners associated with the road maintenance and abandonment processes.
(3) "Forestry riparian easement program" means the program established in RCW 76.13.120.
(4) "Infrastructure development" means an action that is critical for the maintenance or expansion of an existing infrastructure feature such as a highway, rail line, airport, marine terminal, utility corridor, harbor area, or hydroelectric facility and is consistent with an approved land use planning process. This planning process may include the growth management act, chapter 36.70A RCW, or the shoreline management act, chapter 90.58 RCW, in areas covered by those chapters.
(5) "Mitigation" means sequentially avoiding impacts, minimizing impacts, or compensating for remaining unavoidable impacts.
(6) "Mitigation plan" means a document or set of documents developed through joint discussions between a project proponent and environmental regulatory agencies that describe the unavoidable wetland or aquatic resource impacts of a proposed infrastructure development or noninfrastructure development and the proposed compensatory mitigation for those impacts.
(7) "Noninfrastructure development" means a development project that requires the completion of compensatory mitigation that does not meet the definition of "infrastructure development" and is consistent with an approved land use planning process. This planning process may include the growth management act, chapter 36.70A RCW, or the shoreline management act, chapter 90.58 RCW, in areas covered by those chapters.
(8) "Project proponent" means a public or private entity responsible for preparing a mitigation plan.
(9) "Riparian open space program" means the program created pursuant to RCW 76.09.040.
(10) "Watershed" means an area identified as a state of Washington water resource inventory area under WAC 173-500-040 as it exists on June 7, 2012.
[ 2012 c 62 § 3; 1997 c 424 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.74 - Aquatic Resources Mitigation. › 90.74.030 - Regulatory decisions, guidance—Multiple requests for review of mitigation plans.

RCW 90.74.030
Regulatory decisions, guidance—Multiple requests for review of mitigation plans.
(1) In making regulatory decisions relating to wetland or aquatic resource mitigation, the departments of ecology and fish and wildlife shall, at the request of the project proponent, follow the guidance of this chapter.
(2) If the department of ecology or the department of fish and wildlife receives multiple requests for review of mitigation plans, each department may schedule its review of these proposals to conform to available budgetary resources.
[ 2012 c 62 § 7; 1997 c 424 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.74 - Aquatic Resources Mitigation. › 90.74.040 - Developing new programs/using existing programs to mitigate for environmental impacts—Departments authorized to seek funds.

RCW 90.74.040
Developing new programs/using existing programs to mitigate for environmental impacts—Departments authorized to seek funds.
(1)(a) To the degree that resources are deemed available by the affected departments, the department of ecology and the department of fish and wildlife shall allow, when appropriate, programs that are related to environmental mitigation, or explore the potential of developing new programs, to utilize the forestry riparian easement program, the riparian open space program, or the family forest fish passage program to mitigate for environmental impacts from projects conducted in the state where compatible with existing regulations. The use of these programs may not be additive to existing compensatory mitigation requirements.
(b) In implementing this subsection, the department of natural resources may be used as a resource, consistent with RCW 76.09.480, to assist in identifying potential projects that can be used for the mitigation of infrastructure and noninfrastructure development.
(2) The department of ecology and the department of fish and wildlife are authorized to seek federal or private funds and in-kind contributions to implement this section. The scope of effort in implementing this section may be defined by the success of the department of ecology and the department of fish and wildlife in securing specific funding.
[ 2012 c 62 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.005 - Findings.

RCW 90.80.005
Findings.
The legislature finds:
(1) Voluntary water right transfers can reallocate water use in a manner that will result in more efficient use of water resources;
(2) Voluntary water right transfers can help alleviate water shortages, save capital outlays, reduce development costs, and provide an incentive for investment in water conservation efforts by water right holders; and
(3) The state should expedite the administrative process for water right transfers by authorizing the establishment of water conservancy boards.
[ 2001 c 237 § 6; 1997 c 441 § 1.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.010 - Definitions.

RCW 90.80.010
Definitions.
The following definitions apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Alternate" means an individual: (a) Who is appointed by the county legislative authority or authorities under RCW 90.80.050(3); (b) who is trained under the requirements of RCW 90.80.040; and (c) who, while serving as a replacement for an absent or recused commissioner: (i) May serve and vote as a commissioner; (ii) is subject to any requirement applicable to a commissioner; and (iii) counts toward a quorum.
(2) "Board" means a water conservancy board created under this chapter.
(3) "Commissioner" means an individual who is appointed by the county legislative authority or authorities as a member of a water conservancy board under RCW 90.80.050(1), or an alternate appointed under RCW 90.80.050(3) while serving as a replacement for an absent or recused commissioner.
(4) "Department" means the department of ecology.
(5) "Director" means the director of the department of ecology.
(6) "Record of decision" means the conclusion reached by a water conservancy board regarding an application for a transfer filed with the board.
(7) "Transfer" means a transfer, change, amendment, or other alteration of a part or all of a water right authorized under RCW 90.03.380, 90.03.390, or 90.44.100.
[ 2004 c 10 § 1; 2001 c 237 § 7; 1997 c 441 § 2.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.020 - Water conservancy boards—Creation.

RCW 90.80.020
Water conservancy boards—Creation.
(1) The county legislative authority of a county may create a water conservancy board, subject to approval by the director, for the purpose of expediting voluntary water transfers within the county.
(2) A water conservancy board may be initiated by: (a) A resolution of the county legislative authority; (b) a resolution presented to the county legislative authority calling for the creation of a board by the legislative authority of an irrigation district, public utility district that operates a public water system, a reclamation district, a city operating a public water system, or a water-sewer district that operates a public water system; (c) a resolution by the governing body of a cooperative or mutual corporation that operates a public water system serving one hundred or more accounts; (d) a petition signed by five or more water rights holders, including their addresses, who divert water for use within the county; or (e) any combination of (a) through (d) of this subsection. The resolution or petition must state the need for the board, include proposed bylaws or rules and procedures that will govern the operation of the board, identify the geographic boundaries where there is an initial interest in transacting water sales or transfers, and describe the proposed method for funding the operation of the board.
(3) After receiving a resolution or petition to create a board, a county legislative authority shall determine its sufficiency. If the county legislative authority finds that the resolution or petition is sufficient, or if the county is initiating the creation of a board upon its own motion, it shall hold at least one public hearing on the proposed creation of the board. Notice of the hearing shall be published at least once in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. The notice shall describe the time, date, place, and purpose of the hearing, as well as the purpose of the board. Following the hearing, the county legislative authority may adopt a resolution approving the creation of the board if it finds that the board's creation is in the public interest.
[ 1997 c 441 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.030 - Petition for board creation—Required information—Approval or denial—Description of training requirements.

RCW 90.80.030
Petition for board creation—Required information—Approval or denial—Description of training requirements.
(1) The county legislative authority shall forward a copy of the resolution or petition calling for the creation of the board, a copy of the resolution approving the creation of the board, and a summary of the public testimony presented at the public hearing to the director following the adoption of the resolution calling for the board's creation.
(2) The director shall approve or deny the creation of a board within forty-five days after the county legislative authority has submitted all information required under subsection (1) of this section. The director must determine whether the creation of the board would further the purposes of this chapter and is in the public interest. The director shall include a description of the necessary training requirements for commissioners in the notice of approval sent to the county legislative authority.
[ 1997 c 441 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.035 - Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation.

RCW 90.80.035
Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition for creation.
(1) If a county is the only county having lands comprising a water resource inventory area as defined in chapter 173-500 WAC, the county may elect to establish a water conservancy board for the water resource inventory area, rather than for the entire county.
(2) Counties having lands within a water resource inventory area may jointly petition the department for establishment of a water conservancy board for the water resource inventory area. Counties may jointly petition the department to establish boards serving multiple counties or one or more water resource inventory areas. For any of these multicounty options, the counties must reach their joint determination on the decision to file the petition, on the proposed bylaws, and on other matters relating to the establishment and operation of the board in accordance with the provisions of this chapter and chapter 39.34 RCW, the interlocal cooperation act. Each county must meet the requirements of RCW 90.80.020(2). The counties must jointly determine the sufficiency of a petition under RCW 90.80.020(3) and each county legislative authority must hold a hearing in its county.
(3) If establishment of a multicounty water conservancy board under any of the options provided in subsection (2) of this section is approved by the department, the counties must jointly appoint the board commissioners and jointly appoint members to fill vacancies as they occur, and may jointly appoint alternates in accordance with the provisions of this chapter and chapter 39.34 RCW.
(4) A board established for more than one county or for one or more water resource inventory areas has the same powers as other boards established under this chapter. The board has no jurisdiction outside the boundaries of the water resource inventory area or areas or the county or counties, as applicable, for which it has been established, except as provided in this chapter.
(5) The counties establishing a board for a multiple county area must designate a lead county for purposes of providing a single point of contact for communications with the department. The lead county shall forward the information required in RCW 90.80.030(1) for each county.
[ 2004 c 10 § 2; 2001 c 237 § 8.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.040 - Rules—Minimum training requirements and continuing education.

RCW 90.80.040
Rules—Minimum training requirements and continuing education.
The director of the department may, as deemed necessary by the director, adopt rules in accordance with chapter 34.05 RCW necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners. Training courses for commissioners shall include an overview of state water law and hydrology. Prior to commissioners taking action on proposed water right transfers, the commissioners shall comply with training requirements that include state water law and hydrology.
[ 1997 c 441 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.055 - Additional board powers.

RCW 90.80.055
Additional board powers.
(1) Except as provided in subsection (2) of this section, a board shall operate on a countywide basis or on an area-wide basis in the case of a board with jurisdiction in more than one county or water resource inventory area, and have the following powers, in addition to any other powers granted in this chapter:
(a) Except as provided in subsection (2) of this section, a board may act upon applications for the same kinds of transfers that the department itself is authorized to act upon, including an application to establish a trust water right under chapter 90.38 or 90.42 RCW. A board may not act upon an application for the type of transfer within an irrigation district as described in RCW 90.03.380(3). If a board receives an application for a transfer between two irrigation districts as described in RCW 90.03.380(2), the board must, before publication of notice of the application, receive the concurrence specified in that section.
(b) A board may act upon an application to transfer a water right claim filed under chapter 90.14 RCW. In acting upon such an application, the board must make a tentative determination as to the validity and extent of the right, if any, embodied in the claim and may only issue a record of decision regarding a transfer of such a claim to the extent it is tentatively determined to be valid. Neither the board's tentative determination, nor the director's acceptance of such a tentative determination, constitutes an adjudication of the right under RCW 90.03.110 through 90.03.240 or 90.44.220, and such a determination does not preclude or prejudice a subsequent challenge to the validity, priority, or quantity of the right in a general adjudication under those sections.
(c) A board may establish a water right transfer information exchange through which all or part of a water right may be listed for sale or lease. The board may also accept and post notices in the exchange from persons interested in acquiring or leasing water rights from willing sellers.
(d) The director shall assign a representative of the department to provide technical assistance to each board. If requested by the board, the representative shall work with the board as it reviews applications for formal acceptance, prepares draft records of decision, and considers other technical or legal factors affecting the board's development of a final record of decision. A board may request and accept additional technical assistance from the department. A board may also request and accept assistance and support from the county government or governments of the county or counties in which it operates.
(2) The jurisdiction of a board shall not apply within the boundaries of a federal Indian reservation or to lands held in trust for an Indian band, tribe, or nation by the federal government.
[ 2001 c 237 § 9.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.057 - Quorum.

RCW 90.80.057
Quorum.
For purposes of carrying out the official business of a board, a quorum consists of the physical presence of two of the three members of a three-member board or three of the five members of a five-member board. A board may operate with one or two vacant positions as long as it meets the quorum requirement.
[ 2001 c 237 § 19.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.060 - Board powers—Funding.

RCW 90.80.060
Board powers—Funding.
(1) A water conservancy board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees and fix their compensation, employ contractors including contracts for professional services, sue and be sued, and do any and all lawful acts required and expedient to carry out the purposes of this chapter.
(2) A board constitutes an independently funded entity, and may provide for its own funding as determined by the commissioners. The board may accept grants and may adopt fees for processing applications for transfers of water rights to fund the activities of the board. A board may not impose taxes or acquire property by the exercise of eminent domain.
[ 1997 c 441 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.065 - Dissolution of board.

RCW 90.80.065
Dissolution of board.
A water conservancy board may be formally dissolved by the county or jointly by the counties as applicable in which it operates by adoption of a resolution of the county legislative authority or authorities. Notice of the dissolution must be provided to the director. The department may petition the county legislative authority of the county or the lead county for a board to request that the board be dissolved for repeated statutory violations or demonstrated inability to perform the functions for which the board was created.
[ 2001 c 237 § 16.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.080 - Records of decision—Transmittal to department and others—Internet posting—Review.

RCW 90.80.080
Records of decision—Transmittal to department and others—Internet posting—Review.
(1) The board must provide a copy of its record of decision to the applicant. The board shall submit its record of decision on the transfer application to the department for review. The board shall also submit its report of examination to the department summarizing factual findings on which the board relied in reaching its record of decision and a copy of the files and records upon which the board's record of decision is based. The board shall also promptly transmit notice by mail to any person who objected to the transfer or who requested notice of the board's record of decision.
(2) Upon receipt of a board's record of decision, the department shall promptly post the text of the record of decision transmittal form on the department's internet site. The director shall review each record of decision made by a board for compliance with applicable state water law.
(3) Any party to a transfer, third party who alleges his or her water right will be impaired by the proposed transfer, or other person may file a letter of concern or support with the department and the department may consider the concern or support expressed in the letter. Such letters must be received by the department within thirty days of the department's receipt of the board's record of decision.
(4) The director shall review the record of decision of the board and shall affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director or at the request of the board or applicant. If the director fails to act within the prescribed time period, the board's record of decision becomes the decision of the department and is appealable as provided by RCW 90.80.090. If the director acts within the prescribed time period, the director's decision to affirm, modify, or reverse is appealable as provided by RCW 90.80.090, and the director's decision to remand is appealable as provided by *RCW 90.80.120(2)(b).
[ 2001 c 237 § 12; 1997 c 441 § 11.]
NOTES:
*Reviser's note: RCW 90.80.120 was amended by 2004 c 10 § 5, changing subsection (2)(b) to subsection (3)(b).
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.090 - Appeals from director's decisions.

RCW 90.80.090
Appeals from director's decisions.
The decision of the director to approve or deny an action to create a board, or to approve, deny, or modify a water right transfer either by action or inaction is appealable in the same manner as other water right decisions made pursuant to chapters 90.03 and 90.44 RCW.
[ 2001 c 237 § 13; 1997 c 441 § 12.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.100 - Damages arising from records of decisions on transfers—Immunity.

RCW 90.80.100
Damages arising from records of decisions on transfers—Immunity.
Neither the county or counties, the department, a conservancy board, or its employees, nor individual conservancy board commissioners shall be subject to any cause of action or claim for damages arising out of records of decisions on transfers made by a board under this chapter.
[ 2001 c 237 § 14; 1997 c 441 § 13.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.120 - Conflicts of interest.

RCW 90.80.120
Conflicts of interest.
(1) A commissioner of a water conservancy board shall not engage in any act which is in conflict with the proper discharge of the official duties of a commissioner. A commissioner is deemed to have a conflict of interest if he or she:
(a) Has an ownership interest in a water right subject to an application for approval before the board;
(b) Receives or has a financial interest in an application submitted to the board or a project, development, or venture related to the approval of the application; or
(c) Solicits, accepts, or seeks anything of economic value as a gift, gratuity, or favor from any person, firm, or corporation involved in the application.
(2) In the event of a recusal of an appointed commissioner, an alternate may serve as a commissioner on a board and may act upon the official board business for which the conflict of interest exists.
(3) The department shall return a record of decision to a conservancy board without action where the department determines that any member of a board has violated subsection (1) of this section.
(a) If a person seeking to rely on this section to disqualify a commissioner knows of the basis for disqualification before the time the board issues a record of decision, the person must request the board to have the commissioner recuse himself or herself from further involvement in processing the application, or be barred from later raising that challenge.
(b) If the commissioner does not recuse himself or herself or if the person becomes aware of the basis for disqualification after the board issues a record of decision but within the time period under RCW 90.80.080(3) for filing objections with the department, the person must raise the challenge with the department. If the department determines that the commissioner should be disqualified under this section, the director must remand the record of decision to the board for reconsideration and resubmission of a record of decision. The disqualified commissioner shall not participate in any further board review of the application. The department's decision on whether to remand a record of decision under this section may only be appealed at the same time and in the same manner as an appeal of the department's decision to affirm, modify, or reverse the record of decision after remand.
(c) If the person becomes aware of the basis for disqualification after the time for filing objections with the department, the person may raise the challenge in an appeal of the department's final decision under RCW 90.80.090.
[ 2004 c 10 § 5; 2001 c 237 § 15; 1997 c 441 § 16.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.130 - Application of open public meetings act.

RCW 90.80.130
Application of open public meetings act.
Water conservancy board activities are subject to the open public meetings act, chapter 42.30 RCW and to *chapter 42.32 RCW. This includes announcing meetings in advance.
[ 2001 c 237 § 17; 1997 c 441 § 17.]
NOTES:
*Reviser's note: The only section in chapter 42.32 RCW, RCW 42.32.030, was recodified as RCW 42.30.035 pursuant to 2017 3rd sp.s. c 25 § 30.
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.135 - Application of public records act.

RCW 90.80.135
Application of public records act.
(1) A board is subject to the requirements of chapter 42.56 RCW. Each board must establish and maintain records of its proceedings and determinations. While in the possession of the board, all such records must be made available for inspection and copies must be provided to the public on request under the provisions of chapter 42.56 RCW.
(2) Upon the conclusion of its business involving a water right transfer application, a board must promptly send the original copies of all records relating to that application to the department for recordkeeping. A board may keep a copy of the original documents. After the records are transferred to the department, the responsibility for making the records available under chapter 42.56 RCW is transferred to the department.
[ 2005 c 274 § 366; 2001 c 237 § 18.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.80 - Water Conservancy Boards. › 90.80.140 - Transfers approved under chapter 90.03 or 90.44 RCW not affected.

RCW 90.80.140
Transfers approved under chapter 90.03 or 90.44 RCW not affected.
Nothing in this chapter affects transfers that may be otherwise approved under chapter 90.03 or 90.44 RCW.
[ 2001 c 237 § 20; 1997 c 441 § 18.]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.