reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.121 - Penalty for overstating claim.

RCW 90.14.121
Penalty for overstating claim.
The filing of a statement of claim pursuant to RCW 90.14.061 which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed shall constitute a misdemeanor punishable by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or both.
[ 1969 ex.s. c 284 § 21.]
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. › 90.14.130 - Reversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal.

RCW 90.14.130
Reversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal.
When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his or her water right or some portion thereof, and it appears that said right has or may have reverted to the state because of such nonuse, as provided by RCW 90.14.160, 90.14.170, or 90.14.180, the department of ecology shall notify such person by order: PROVIDED, That where a company, association, district, or the United States has filed a blanket claim under the provisions of *RCW 90.14.060 for the total benefits of those served by it, the notice shall be served on such company, association, district or the United States and not upon any of its individual water users who may not have used the water or some portion thereof which they were entitled to use. The order shall contain: (1) A description of the water right, including the approximate location of the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, and the apparent authority upon which the right is based; (2) a statement that unless sufficient cause be shown on appeal the water right will be declared relinquished; and (3) a statement that such order may be appealed to the pollution control hearings board. Any person aggrieved by such an order may appeal it to the pollution control hearings board pursuant to RCW 43.21B.310. The order shall be served by registered or certified mail to the last known address of the person and be posted at the point of division or withdrawal. The order by itself shall not alter the recipient's right to use water, if any.
[ 2013 c 23 § 607; 1987 c 109 § 13; 1967 c 233 § 13.]
NOTES:
*Reviser's note: RCW 90.14.060 was repealed by 1969 ex.s. c 284 § 23, which act added new sections relating to the registration of claims for water rights as codified in this chapter.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Proceedings under this section deemed adjudicative—Application of RCW sections to specific proceedings: RCW 90.14.200.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.150 - Rights arising from permit to withdraw public waters not affected—Extensions.

RCW 90.14.150
Rights arising from permit to withdraw public waters not affected—Extensions.
Nothing in this chapter shall be construed to affect any rights or privileges arising from any permit to withdraw public waters or any application for such permit, but the department of ecology shall grant extensions of time to the holder of a preliminary permit only as provided by RCW 90.03.290.
[ 1987 c 109 § 100; 1967 c 233 § 15.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.160 - Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or general adjudication.

RCW 90.14.160
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or general adjudication.
Any person entitled to divert or withdraw waters of the state through any appropriation authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250.
[ 1981 c 291 § 1; 1979 ex.s. c 216 § 5; 1967 c 233 § 16.]
NOTES:
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
Effective date—1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings: RCW 90.14.200.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.170 - Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired due to ownership of land abutting stream, lake, or watercourse.

RCW 90.14.170
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired due to ownership of land abutting stream, lake, or watercourse.
Any person entitled to divert or withdraw waters of the state by virtue of his or her ownership of land abutting a stream, lake, or watercourse, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw or divert said water for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with the provisions of RCW 90.03.250.
[ 2013 c 23 § 608; 1967 c 233 § 17.]
NOTES:
Effective date—1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Availability for other uses qualified: RCW 90.14.160.
Implementation and enforcement of chapter—Application of RCW sections to specific proceedings: RCW 90.14.200.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.180 - Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation.

RCW 90.14.180
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation.
Any person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW 90.03.330, 90.44.080, or 90.44.090 who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of five successive years shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW 90.03.250. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330 shall expressly incorporate this section by reference.
[ 1987 c 109 § 101; 1967 c 233 § 18.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Availability for other uses qualified: RCW 90.14.160.
Implementation and enforcement of chapter—Application of RCW sections to specific proceedings: RCW 90.14.200.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.190 - Water resources decisions—Appeals—Attorneys' fees.

RCW 90.14.190
Water resources decisions—Appeals—Attorneys' fees.
Any person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW 43.21B.310. In any such review, the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of any waiver or relinquishment of a water right or portion thereof. If the hearings board affirms the decision of the department, a party seeks review in superior court of that hearings board decision pursuant to chapter 34.05 RCW, and the court determines that the party was injured by an arbitrary, capricious, or erroneous order of the department, the court may award reasonable attorneys' fees.
[ 1987 c 109 § 14; 1967 c 233 § 19.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.200 - Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings.

RCW 90.14.200
Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings.
(1) All matters relating to the implementation and enforcement of this chapter by the department of ecology shall be carried out in accordance with chapter 34.05 RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter 34.05 RCW. Proceedings held pursuant to RCW 90.14.130 are adjudicative proceedings within the meaning of chapter 34.05 RCW. Final decisions of the department of ecology in these proceedings are subject to review in accordance with chapter 43.21B RCW.
(2) RCW 90.14.130 provides nonexclusive procedures for determining a relinquishment of water rights under RCW 90.14.160, 90.14.170, and 90.14.180. RCW 90.14.160, 90.14.170, and 90.14.180 may be applied in, among other proceedings, general adjudication proceedings initiated under RCW 90.03.110 or 90.44.220: PROVIDED, That nothing herein shall apply to litigation involving determinations of the department of ecology under RCW 90.03.290 relating to the impairment of existing rights.
[ 1989 c 175 § 180; 1979 ex.s. c 216 § 6; 1967 c 233 § 20.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—Severability—1979 ex.s. c 216: See notes following RCW 90.03.245.
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.210 - Chapter applies to all rights to withdraw groundwaters.

RCW 90.14.210
Chapter applies to all rights to withdraw groundwaters.
The provisions of this chapter shall apply to all rights to withdraw groundwaters of the state, whether authorized by chapter 90.44 RCW or otherwise.
[ 1967 c 233 § 21.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.215 - Chapter not applicable to trust water rights under chapter 90.38 or 90.42 RCW.

RCW 90.14.215
Chapter not applicable to trust water rights under chapter 90.38 or 90.42 RCW.
This chapter shall not apply to trust water rights held or exercised by the department of ecology under chapter 90.38 or 90.42 RCW.
[ 1991 c 347 § 14.]
NOTES:
Purposes—1991 c 347: See note following RCW 90.42.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.220 - No rights to be acquired by prescription or adverse use.

RCW 90.14.220
No rights to be acquired by prescription or adverse use.
No rights to the use of surface or ground waters of the state affecting either appropriated or unappropriated waters thereof may be acquired by prescription or adverse use.
[ 1967 c 233 § 22.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.230 - Rules and regulations.

RCW 90.14.230
Rules and regulations.
The department of ecology is authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.
[ 1987 c 109 § 102; 1967 c 233 § 23.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.240 - Water rights tracking system account.

RCW 90.14.240
Water rights tracking system account.
The water rights tracking system account is created in the state treasury. Twenty percent of the fees collected by the department of ecology according to RCW 90.03.470 must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of ecology for the development, implementation, and management of a water rights tracking system, including a water rights mapping system and a water rights database.
[ 2005 c 412 § 3.]
NOTES:
Findings—Intent—2005 c 412: See note following RCW 90.03.470.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.900 - Effective date—1967 c 233.

RCW 90.14.900
Effective date—1967 c 233.
The effective date of this act is July 1, 1967.
[ 1967 c 233 § 25.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc. › 90.14.910 - Severability—1967 c 233.

RCW 90.14.910
Severability—1967 c 233.
If any provisions of this act or the application thereof to any person or circumstance is held invalid, the act can be given effect without the invalid provision or application; and to this end the provisions of this act are declared to be severable. This act shall be liberally construed to effectuate its purpose.
[ 1967 c 233 § 26.]
NOTES:
Application to Yakima river basin trust water rights: RCW 90.38.040.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.010 - Appropriation by certain water companies.

RCW 90.16.010
Appropriation by certain water companies.
Such water companies incorporated for the purposes specified in the preceding section shall have the right to purchase or take possession of and use and hold such lands and waters for the purposes of the company, lying without the limits of the city or town intended to be supplied with water upon making compensation therefor. The mode of proceeding to obtain possession of such lands for the use of the company, right-of-way for laying pipes and aqueducts for the use of the company, when the parties cannot agree shall so far as the same be applicable be as prescribed in chapter 187: PROVIDED, That nothing therein contained, shall be so construed, as to authorize the appropriation of water belonging to any person, unless the owner thereof shall refuse to supply said town or city with water after being requested so to do by the town board or city council.
[1883 p 45 § 1, subd. 8; Code 1881 § 2448; 1873 p 408 § 28; 1869 p 340 § 30; RRS § 11570.]
NOTES:
Reviser's note: The language "for the purposes specified in the preceding section" refers to Code 1881 § 2447 (repealed by 1939 c 143 § 19) which stated in part: ". . . for the purpose of supplying any cities or towns in this territory, or the inhabitants thereof with pure and freshwater."
The language "chapter 187" refers to chapter 187 of the Code of 1881 the existing sections of which chapter are codified in chapter 81.36 RCW and RCW 90.16.100; the remaining sections thereof have been repealed.
Validating—1881 Act: "All persons who have organized themselves as a corporation under the provisions of this chapter for purposes other than those enumerated in section 2421, are hereby declared incorporate bodies, with all the powers the same as they would enjoy had they been incorporated for the purposes set forth in section 2421." [Code 1881 § 2445.] The language "this chapter" refers to chapter 185, Code of 1881 which embodied the territorial laws relating to the formation of corporations; current provisions relating thereto are codified in Titles 23 and 24 RCW. The language "section 2421" refers to Code 1881 § 2421 which set forth the purposes for which a corporation might then be formed. General purposes for which a corporation may be formed under existing law are codified in Title 23B RCW; see also Table of Prior Laws following Title 23 RCW digest.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.020 - Appropriation for industrial purposes.

RCW 90.16.020
Appropriation for industrial purposes.
Any person or persons, or company now incorporated, or that may hereafter become incorporated under the laws of this state, for the purpose of mining or manufacturing, shall have the right to purchase or appropriate and take possession of and divert from its natural channel, and use and hold the waters of any river, creek or stream in this state that may be required for the mining and manufacturing purposes of any such person or persons, corporation or corporations, and to construct all dams, canals, reservoirs, ditches, pipes, flumes and aqueducts, suitable and necessary for the controlling, directing and running such waters to their mines or manufacturing establishments of any such person or persons, corporation or corporations, where the same may be intended to be utilized for such purposes: PROVIDED, That no such appropriation or diversion of the waters of any such river, creek, or stream, from its natural channel; nor shall any such dam, canal, reservoir, ditch, pipe, flume or aqueduct, be constructed to the detriment of any person or persons, corporation or corporations, occupying the lands or being located below the point or place of such appropriation or diversion on any such stream or its tributaries, or above or below such dam, canal, reservoir, ditch, pipe, flume or aqueduct, or of the owners of the lands, through which the waters run in the natural course for the deprivation of the same, or the owners of the land through or upon which such dam, canal, reservoirs, ditch, pipe, flume or aqueduct, may pass through or over, or be situated upon, unless just and adequate compensation be previously ascertained and paid therefor.
[Code 1881 Bagley's Supp. p 38-39 § 1; 1879 p 124 § 1; RRS § 11575.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.025 - Appropriation for industrial purposes—Procedure.

RCW 90.16.025
Appropriation for industrial purposes—Procedure.
The mode of proceeding to appropriate, take possession of and divert such waters and to build such dam, canal, ditch, reservoir, pipe, flume, or aqueduct, as prescribed in RCW 90.16.020, when the parties cannot agree upon the purchase thereof, shall be the same as prescribed in chapter four of an act to provide for the formation of corporations, approved November thirteenth, eighteen hundred and seventy-three, except that the amount of the benefits accruing to the residue of the property of the same individual or corporation, by reason of the use made of that taken, to be estimated by the parties assessing the damages, shall be deducted from the value of the property taken.
[Code 1881 Bagley's Supp. p 39 § 2; 1879 p 125 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.030 - Right of eminent domain by water power companies.

RCW 90.16.030
Right of eminent domain by water power companies.
The right of eminent domain for the purpose of appropriating real estate is hereby extended to all corporations that are now or that may hereafter be incorporated under the laws of this state, or of any state or territory of the United States and doing business in this state, for the purpose of conveying water by ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power: PROVIDED, HOWEVER, That said right of eminent domain shall not be exercised in respect to any residence or business structure or structures.
[ 1901 c 143 § 1; RRS § 11572. FORMER PART OF SECTION: 1901 c 143 § 3; RRS § 11574, now codified as RCW 90.16.045.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.040 - Right of eminent domain by water power companies—Right of entry.

RCW 90.16.040
Right of eminent domain by water power companies—Right of entry.
Every corporation that is now or that may hereafter be incorporated under the laws of this state, or of any other state or territory of the United States and doing business in this state, for the purpose of conveying water by ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power, shall have the right to enter upon any land between the termini of the proposed ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power, for the purpose of examining, locating and surveying such ditches, flumes, pipe lines, tunnels or any other means for the utilization of water power, doing no unnecessary damage thereby.
[ 1901 c 143 § 2; RRS § 11573.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.045 - Right of eminent domain by water power companies—Procedure.

RCW 90.16.045
Right of eminent domain by water power companies—Procedure.
Every such corporation shall have the right, subject to the proviso contained in RCW 90.16.030 to appropriate real estate or other property for a right-of-way for such ditches, flumes, pipe lines, tunnels or other means of conveying water, and for any other corporate purposes, in the same manner and under the same procedure as now is or may be hereafter provided by law in the case of other corporations authorized by the laws of the state to exercise the right of eminent domain.
[ 1901 c 143 § 3; RRS § 11574. Formerly RCW 90.16.030, part.]
NOTES:
Eminent domain by corporations: Chapter 8.20 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.090 - Disposition of fees.

RCW 90.16.090
Disposition of fees.
(1) All fees paid under provisions of this chapter, shall be credited by the state treasurer to the reclamation account created in RCW 89.16.020 and subject to legislative appropriation, be allocated and expended by the director of ecology for:
(a) Investigations and surveys of natural resources in cooperation with the federal government, or independently thereof, including stream gaging, hydrographic, topographic, river, underground water, mineral and geological surveys; and
(b) Expenses associated with staff at the departments of ecology and fish and wildlife working on federal energy regulatory commission relicensing and license implementation.
(2) Unless otherwise required by the omnibus biennial appropriations acts, the expenditures for these purposes must be proportional to the revenues collected under RCW 90.16.050(1).
[ 2007 c 286 § 2; 1988 c 127 § 79; 1973 c 106 § 39; 1939 c 209 § 1; 1929 c 105 § 3; RRS § 11575-3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.100 - Appropriation of lands by corporations conveying water.

RCW 90.16.100
Appropriation of lands by corporations conveying water.
All corporations, authorized to do business in the state, and who have been, or may hereafter be organized, for the purpose of erecting and maintaining flumes and aqueducts to convey water for consumption or for mining, irrigation, milling or other industrial purposes, shall have the same right to appropriate lands for necessary corporate purposes, and under the same regulations and instructions as are provided for other corporations; and such corporations organized for such purposes, in order to carry out the object of their incorporation, are authorized to take and use any water not otherwise legally appropriated.
[Code 1881 § 2472; 1879 p 134 § 1; RRS § 11576.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.110 - Water for use outside state.

RCW 90.16.110
Water for use outside state.
Whenever the use of water shall be necessary for domestic, manufacturing, irrigation, or in interstate transportation at or for any incorporated or unincorporated city, town, village or hamlet situated partly in Washington and partly in an adjoining state or where any city, town, village or hamlet is incorporated on one side of the state line and there are inhabitants living in adjacent and contiguous territory on the other side, it shall be lawful for any person, association or corporation to locate, appropriate, divert and deliver any of the unappropriated public waters of this state necessary for the use of such city, town, village or hamlet and the inhabitants thereof and those residing in and embracing such contiguous territory both within this state and such adjoining state; and locations may be made and authority is hereby granted for such purpose the same as for any other appropriation within the state and a diversion and delivery for such purpose shall have the same force and effect as if made for use wholly within this state and any appropriation, diversion or use heretofore made for such purpose shall be deemed as valid and legal as if made for a use wholly within this state and priority thereof shall date from the appropriation and diversion the same as if it had been made for use wholly within this state.
[ 1919 c 41 § 1; RRS § 11577.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.16 - Appropriation of Water for Public and Industrial Purposes. › 90.16.120 - Water for use outside state—Reciprocity.

RCW 90.16.120
Water for use outside state—Reciprocity.
The provisions of *this act shall not apply to any territory or the inhabitants thereof situated or located in any adjoining state which does not by its laws, usages or legal regulations grant similar or reciprocal rights, privileges and opportunities to this state and its inhabitants and adjacent and contiguous territory whether incorporated or unincorporated as in *this act specified.
[ 1919 c 41 § 2; RRS § 11578.]
NOTES:
*Reviser's note: "this act" [1919 c 41], is codified in RCW 90.16.110 and 90.16.120.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.22 - Minimum Water Flows and Levels. › 90.22.010 - Establishment of minimum water flows or levels—Authorized—Purposes.

RCW 90.22.010
Establishment of minimum water flows or levels—Authorized—Purposes.
The department of ecology may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of ecology shall, when requested by the department of fish and wildlife to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or if the department of ecology finds it necessary to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request or determination. Any request submitted by the department of fish and wildlife shall include a statement setting forth the need for establishing a minimum flow or level. When the department acts to preserve water quality, it shall include a similar statement with the proposed rule filed with the code reviser. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.
[ 1997 c 32 § 4; 1994 c 264 § 86; 1988 c 47 § 6. Prior: 1987 c 506 § 96; 1987 c 109 § 103; 1969 ex.s. c 284 § 3.]
NOTES:
Application—1988 c 47: See note following RCW 90.54.030.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.22 - Minimum Water Flows and Levels. › 90.22.020 - Establishment of minimum water flows or levels—Hearings—Notice—Rules.

RCW 90.22.020
Establishment of minimum water flows or levels—Hearings—Notice—Rules.
Flows or levels authorized for establishment under RCW 90.22.010, or subsequent modification thereof by the department shall be provided for through the adoption of rules. Before the establishment or modification of a water flow or level for any stream or lake or other public water, the department shall hold a public hearing in the county in which the stream, lake, or other public water is located. If it is located in more than one county the department shall determine the location or locations therein and the number of hearings to be conducted. Notice of the hearings shall be given by publication in a newspaper of general circulation in the county or counties in which the stream, lake, or other public waters is located, once a week for two consecutive weeks before the hearing. The notice shall include the following:
(1) The name of each stream, lake, or other water source under consideration;
(2) The place and time of the hearing;
(3) A statement that any person, including any private citizen or public official, may present his or her views either orally or in writing.
Notice of the hearing shall also be served upon the administrators of the departments of social and health services, natural resources, fish and wildlife, and transportation.
[ 1994 c 264 § 87; 1987 c 506 § 97; 1985 c 196 § 1; 1984 c 7 § 384; 1969 ex.s. c 284 § 4.]
NOTES:
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.22 - Minimum Water Flows and Levels. › 90.22.030 - Existing water and storage rights—Right to divert or store water.

RCW 90.22.030
Existing water and storage rights—Right to divert or store water.
The establishment of levels and flows pursuant to RCW 90.22.010 shall in no way affect existing water and storage rights and the use thereof, including but not limited to rights relating to the operation of any hydroelectric or water storage reservoir or related facility. No right to divert or store public waters shall be granted by the department of ecology which shall conflict with regulations adopted pursuant to RCW 90.22.010 and 90.22.020 establishing flows or levels. All regulations establishing flows or levels shall be filed in a "Minimum Water Level and Flow Register" of the department of ecology.
[ 1988 c 127 § 81; 1969 ex.s. c 284 § 5.]
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 90.22 - Minimum Water Flows and Levels. › 90.22.040 - Stockwatering requirements.

RCW 90.22.040
Stockwatering requirements.
It shall be the policy of the state, and the department of ecology shall be so guided in the implementation of RCW 90.22.010 and 90.22.020, to retain sufficient minimum flows or levels in streams, lakes or other public waters to provide adequate waters in such water sources to satisfy stockwatering requirements for stock on riparian grazing lands which drink directly therefrom where such retention shall not result in an unconscionable waste of public waters. The policy hereof shall not apply to stockwatering relating to feed lots and other activities which are not related to normal stockgrazing land uses.
[ 1987 c 109 § 104; 1969 ex.s. c 284 § 6.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.22 - Minimum Water Flows and Levels. › 90.22.060 - Instream flow evaluations—Statewide list of priorities—Salmon impact.

RCW 90.22.060
Instream flow evaluations—Statewide list of priorities—Salmon impact.
By December 31, 1993, the department of ecology shall, in cooperation with the Indian tribes, and the department of fish and wildlife, establish a statewide list of priorities for evaluation of instream flows. In establishing these priorities, the department shall consider the achievement of wild salmonid production as its primary goal.
[ 1998 c 245 § 172; 1993 sp.s. c 4 § 13.]
NOTES:
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.010 - Petition to regulate flow—Order—Exceptions.

RCW 90.24.010
Petition to regulate flow—Order—Exceptions.
Ten or more owners of real property abutting on a lake may petition the superior court of the county in which the lake is situated, for an order to provide for the regulation of the outflow of the lake in order to maintain a certain water level therein. If there are fewer than ten owners, a majority of the owners abutting on a lake may petition the superior court for such an order. The court, after notice to the department of fish and wildlife and a hearing, is authorized to make an order fixing the water level thereof and directing the department of ecology to regulate the outflow therefrom in accordance with the purposes described in the petition. This section shall not apply to any lake or reservoir used for the storage of water for irrigation or other beneficial purposes, or to lakes navigable from the sea.
[ 1999 c 162 § 1; 1985 c 398 § 28; 1959 c 258 § 1; 1939 c 107 § 2; RRS § 7388-1.]
NOTES:
Effective date—1985 c 398: "Sections 28 through 30 of this act shall take effect January 1, 1986." [ 1985 c 398 § 31.]
Lake and beach management districts: Chapter 36.61 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.020 - Contents of petition.

RCW 90.24.020
Contents of petition.
Such petition shall contain a complete description of the property surrounding said lake with the number of front feet contained in each tract with the name of the owner thereof and his or her address together with a brief statement of the reasons and necessity for such application; that the level sought to be established will in no wise interfere with the navigability of said lake or in any manner affect or interfere with fish or game fish which may be then contained or may thereafter be deposited in said lake, but that in order to protect fish or game fish in said lake the construction of fish ladders or other devices may be required to conserve and protect such fish or game fish, then in that event the property owners to be benefited by the establishment of said water level in such lake shall be required to pay the cost thereof, in proportion to lineal feet of water front owned by each.
[ 2013 c 23 § 609; 1939 c 107 § 3; RRS § 7388-2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.030 - Title of petition—Service of petition and order—Notice.

RCW 90.24.030
Title of petition—Service of petition and order—Notice.
The petition shall be entitled "In the matter of fixing the level of Lake . . . . . . in . . . . . . county, Washington", and shall be filed with the clerk of the court and a copy thereof, together with a copy of the order fixing the time for hearing the petition, shall be served on each owner of property abutting on the lake, not less than ten days before the hearing. Like copies shall also be served upon the director of fish and wildlife and the director of ecology. The copy of the petition and of the order fixing time for hearing shall be served in the manner provided by law for the service of summons in civil actions, or in such other manner as may be prescribed by order of the court. For the benefit of every riparian owner abutting on a stream or river flowing from such lake, a copy of the notice of hearing shall be published at least once a week for two consecutive weeks before the time set for hearing in a newspaper in each county or counties wherein located, said notice to contain a brief statement of the reasons and necessity for such application.
[ 1994 c 264 § 88; 1988 c 36 § 67; 1987 c 109 § 105; 1963 c 243 § 1; 1959 c 258 § 2; 1947 c 210 § 1; 1939 c 107 § 4; Rem. Supp. 1947 § 7388-3.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.040 - Hearing on petition—Order—Continuing jurisdiction.

RCW 90.24.040
Hearing on petition—Order—Continuing jurisdiction.
At the hearing evidence shall be introduced in support of the petition and all interested parties may be heard for or against it. The court shall make findings and conclusions and enter an order granting or refusing the petition, and if the petition is granted, shall fix the water level to be maintained and direct the department of ecology to regulate and control the outflow of the lake so as to properly maintain the water level so far as practicable within maximum and minimum limits when the proper control devices are installed: PROVIDED, That the court shall have continuing jurisdiction after a petition is once granted and shall, upon subsequent petition filed and heard in accordance with the preceding sections, make such further findings and conclusions and enter such further orders as are necessary to accomplish fully the objectives sought in the initial petition: AND PROVIDED FURTHER, That shall the court find any such riparian owners abutting on a stream or river flowing from such lake be adversely affected in any way by the granting of such a petition, such petition shall be refused.
[ 1985 c 398 § 29; 1959 c 258 § 3; 1939 c 107 § 5; RRS § 7388-4.]
NOTES:
Effective date—1985 c 398: See note following RCW 90.24.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.050 - Devices to protect the fish—Cost—Special fund.

RCW 90.24.050
Devices to protect the fish—Cost—Special fund.
In the event the court shall find that to protect fish and game fish in said lake that fish ladders or other devices should be constructed therein or that other construction shall be necessary in order to maintain the determined lake level, the court shall find the proper device to be constructed, the probable cost thereof and by its order and judgment shall apportion the cost thereof among the persons whose property abuts on said lake in proportion to the lineal feet of waterfront owned by each, which sum so found shall constitute a lien against said real property and shall be paid to the county treasurer and by him or her placed in a special fund to be known as "Lake . . . . . . Improvement Fund." The director of ecology shall appoint a suitable person to be compensated by the property owners to regulate the determined level as decreed by the court.
[ 2013 c 23 § 610; 1988 c 127 § 82; 1939 c 107 § 6; RRS § 7388-5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.060 - Installation of devices.

RCW 90.24.060
Installation of devices.
Such improvement or device in said lake for the protection of the fish and game fish therein shall be installed by and under the direction of the board of county commissioners of said county with the approval of the respective directors of the department of fish and wildlife and the department of ecology of the state of Washington and paid for out of the special fund provided for in RCW 90.24.050.
[ 1994 c 264 § 89; 1988 c 36 § 68; 1987 c 109 § 106. Prior: 1939 c 107 § 7; RRS § 7388-6.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.066 - Jurisdiction over weed control.

RCW 90.24.066
Jurisdiction over weed control.
A superior court may continue its jurisdiction over weed control in those lakes that had been under the court's jurisdiction for such purposes prior to July 28, 1985. The continuing jurisdiction of a superior court for such weed control purposes shall be subject to the provisions of chapter 90.24 RCW in the same manner as the continuing jurisdiction of a superior court over the maintenance of lake water levels.
The superior court shall hold hearings under RCW 90.24.040 whenever subsequent petitions are filed with it concerning weed control on a lake over which it has continuing jurisdiction for weed control purposes. If the court finds that the weed control proposals are in the best interests of the abutting property owners, it shall determine what measures should be taken to accomplish these objectives, the probable annual cost thereof, and by its order apportion the cost among the persons whose property abuts on the lake in proportion to the lineal feet of waterfront owned by each, which sum shall constitute a lien against the real property. Payments of these sums shall be made to the county treasurer who shall place these payments into a special fund to be known as "Lake . . . . . . weed removal fund." The court shall appoint a suitable person, to be compensated by the property owners, to undertake weed control activities as decreed by the court.
[ 1988 c 133 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.24 - Regulation of Outflow of Lakes. › 90.24.070 - Appellate review.

RCW 90.24.070
Appellate review.
Any person aggrieved by the order of judgment of the superior court may seek appellate review in the same manner as in other civil actions.
[ 1988 c 202 § 93; 1971 c 81 § 177; 1939 c 107 § 8; RRS § 7388-7.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.28 - Miscellaneous Rights and Duties. › 90.28.020 - Right to back and hold waters over roads, streets, and alleys—Relocation—Acquisition of rights—Abandonment.

RCW 90.28.020
Right to back and hold waters over roads, streets, and alleys—Relocation—Acquisition of rights—Abandonment.
It shall be the duty of the department of transportation, if the road to be affected shall be a state highway, or of the county legislative authority of the county in which such road is located, if the road to be affected shall be a county road, or permanent highway, or of the council of any town in which the road is located, if the road to be affected shall be a street or alley, within thirty days after entry of said order or decree of public use and the filing of the bond mentioned in RCW 90.28.010, to enter an appropriate order or resolution directing the relocation and reestablishment and completion forthwith of such highway, road, street or alley in place of that so to be overflowed or inundated, and promptly thereafter to acquire all property and rights-of-way necessary therefor, instituting and diligently prosecuting such condemnation suits as may be necessary in order to secure such property and rights-of-way. The decision of the committee, board or council as to relocation and reestablishment set forth in such order or resolution shall be final and conclusive as to all matters and things set forth therein, including the question of public use and necessity in any and all condemnation suits to be brought under RCW 90.28.010 and 90.28.020. After the reestablishment and relocation of any such highway, road, street or alley and the construction and opening thereof in its entirety to public travel and the signing of the grant authorized in RCW 90.28.010, the state highway, county road or permanent highway, street or alley or such part thereof described in said grant shall be deemed to be abandoned and thereafter cease to be a highway, road, street or alley.
[ 1994 c 81 § 88; 1927 c 202 § 2; RRS § 7354-2.]
NOTES:
Eminent domain by corporations: Chapter 8.20 RCW.
Private ways of necessity: Chapter 8.24 RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.28 - Miscellaneous Rights and Duties. › 90.28.040 - Limitation on number of irrigation ditches across land.

RCW 90.28.040
Limitation on number of irrigation ditches across land.
No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner thereof, be subjected to the burden of two or more irrigating ditches constructed for the purpose of conveying water through said property to lands adjoining or beyond the same, when the same object can feasibly and practicably be attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch.
[ 1890 p 717 § 39; RRS § 7401.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.28 - Miscellaneous Rights and Duties. › 90.28.160 - Fencing across streams.

RCW 90.28.160
Fencing across streams.
Owners of land or their agents shall have the right to fence across all unmeandered streams at any time when such streams are not used for a public highway, or by making a fence that will not be an obstruction.
[ 1891 c 120 § 3; no RRS.]