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89.30.718 | Delinquency and sale in general improvement and divisional districts—Lien of assessment vested in purchaser—When divested. | On filing the certificate of sale as provided herein, the lien of the assessment vests in the purchaser and is only divested by the payment to the county treasurer making the sale of the purchase money, the costs of the certificate, and interest thereon at twelve percent per annum from the date of sale until redemption... |
89.30.721 | Delinquency and sale in general improvement and divisional districts—Redemption of property sold. | A redemption of the property sold may be made by the owner or any person on behalf and in the name of the owner or by any party in interest within one year from the date of purchase by paying the amount of the purchase price, cost of certificate and interest and the amount of any assessments which any such purchaser ma... |
89.30.724 | Delinquency and sale in general improvement and divisional districts—Redemption in coin to treasurer—To whom credited. | Redemption must be made in gold or silver coin, as provided for the collection of state and county taxes, and the county treasurer must credit the amount paid to the person named in the certificate or his or her assignee and pay it on demand to such person or his or her assignee. No redemption shall be made except to t... |
89.30.727 | Delinquency and sale in general improvement and divisional districts—Entry of redemption in book and on certificate. | Upon completion of redemption, the county treasurer to whom redemption has been made, shall enter the word "redeemed", the date of redemption and by whom redeemed on the certificate and on the margin of the assessment book where the entry of the certificate is made.
[ 1927 c 254 s 243 ; RRS s 7402-243. Formerly RCW 89.... |
89.30.730 | Delinquency and sale in general improvement and divisional districts—Deed in absence of redemption, contents. | If the property is not redeemed within one year from the date of sale, the county treasurer of the county in which the land sold is situated, must make to the purchaser or his or her assignee a deed of the property reciting in the deed substantially the matters contained in the certificate and that no person redeemed t... |
89.30.733 | Delinquency and sale in general improvement and divisional districts—Fee for deed—Several parcels may be included in one deed. | The treasurer shall receive from the purchaser for the use of the district one dollar for making such deed. When any person or district holds a duplicate certificate covering more than one tract of land, the several parcels or tracts of land mentioned in the certificate may be included in one deed.
[ 1927 c 254 s 245 ;... |
89.30.736 | Delinquency and sale in general improvement and divisional districts—Recitals in deed—Evidentiary effect. | The matter recited in the certificate of sale must be recited in the deed and such deed duly acknowledged or proved is prima facie evidence that: (1) The property was assessed as required by law. (2) The property was equalized as required by law. (3) The assessments were levied in accordance with law. (4) The assessmen... |
89.30.739 | Delinquency and sale in general improvement and divisional districts—Deed conclusive, exception. | Such deed duly acknowledged or proved is (except as against actual fraud) conclusive evidence of the regularity of all the proceedings from the assessment by the secretary inclusive up to the execution of the deed.
[ 1927 c 254 s 247 ; RRS s 7402-247. Formerly RCW 89.28.760 .] |
89.30.742 | Delinquency and sale in general improvement and divisional districts—Title conveyed by deed. | The deed conveys to the grantee the absolute title to the lands described therein free from all encumbrances except when the land is owned by the United States or the state of Washington in which case it is prima facie evidence of the right of possession.
[ 1927 c 254 s 248 ; RRS s 7402-248. Formerly RCW 89.28.770 .] |
89.30.745 | Delinquency and sale in general improvement and divisional districts—Probative force of assessment book and delinquency list. | The assessment book or delinquency list, or a copy thereof, certified by the secretary showing unpaid assessments against any person or property is prima facie evidence of the assessment of the property, the delinquency, the amount of the assessments due and unpaid and that all the forms of law in relation to the asses... |
89.30.748 | Delinquency and sale in general improvement and divisional districts—Sale not avoided by misnomer or mistake as to ownership. | When land is sold for assessments correctly imposed as the property of a particular person no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof affects the sale or renders it void or voidable.
[ 1927 c 254 s 250 ; RRS s 7402-250. Formerly RCW 89.28.780 .] |
89.30.751 | Foreclosure of lien for general taxes—Payment in full or sale subject to assessments due. | The holder of any certificate of delinquency for general taxes may, before commencing any action to foreclose the lien of such certificate, pay in full all general improvement or divisional district assessments due and outstanding against the whole or any portion of the property included in such certificate of delinque... |
89.30.754 | Liability of county for assessments after sale to county for general taxes. | Property within a general improvement or divisional district authorized under the provisions of this chapter, acquired by a county pursuant to a foreclosure and sale for general taxes, shall, nevertheless, be liable for all assessments levied by the district subsequent to the date of the sale for delinquent general tax... |
89.30.757 | Sale of county lands for delinquent assessments. | The county treasurer shall have authority to sell lands, owned by the county, for delinquent assessments levied against the same subsequent to the acquisition of said property by the county in the same manner and with the same force and effect as though said property were owned by a private individual.
[ 1927 c 254 s 2... |
89.30.760 | Special assessments by general improvement or divisional district—Authorization by electors. | Special assessments may be voted by the electors of any general improvement district or divisional district within the reclamation district for any of the purposes for which bonds of the district as herein authorized may be issued.
[ 1927 c 254 s 254 ; RRS s 7402-254. Formerly RCW 89.28.010 .] |
89.30.763 | Special assessments by general improvement or divisional district—Levy and collection. | In the event that special assessments are voted by the electors of the district, levy for the same against the lands within such district shall be made on the completion and equalization of the assessment roll each year, which special assessment roll shall be prepared, equalized, the levy made and assessments collected... |
89.30.766 | Special assessments by general improvement or divisional district—Proposition to be submitted to electors. | When it is desired to levy special assessments for any of the purposes for which bonds of the district may be issued, the proposition to levy such special assessments shall be submitted to the electors of the general improvement district or divisional district as the case may be, at an election called for that purpose.... |
89.30.769 | Special assessments by general improvement or divisional district—Election, how called, conducted, etc. | Such election shall be called, provided for, notice thereof given, shall be conducted, and the results thereof canvassed by the same officers in the same manner and with the same force and effect as provided herein for bond elections in such districts.
[ 1927 c 254 s 257 ; RRS s 7402-257. Formerly RCW 89.28.030 .] |
89.30.772 | Special assessments by general improvement or divisional district—Notice of election—Ballots. | The notice of election must specify the amount of money proposed to be raised and the purpose for which it is intended to be used and the number of installments in which it is to be paid. The ballot at such election shall contain the words "Assessment — Yes" and "Assessment — No".
[ 1927 c 254 s 258 ; RRS s 7402-258. F... |
89.30.775 | Special assessments by general improvement or divisional district—Indebtedness authorized. | If the majority of the votes cast at such election are "Assessment — Yes", the board may immediately or at intervals thereafter incur indebtedness to the amount of said special assessment for any of the purposes for which the proceeds of said assessment may be used.
[ 1927 c 254 s 259 ; RRS s 7402-259. Formerly RCW 89.... |
89.30.778 | Special assessments by general improvement or divisional district—Notes—Terms. | Said board in such event may provide for the payment of said indebtedness by the issue and sale of notes of the district to an amount equal to said authorized indebtedness which notes shall be payable in such equal installments, not exceeding three in number, as the board shall direct. Such notes may be in any form, in... |
89.30.781 | Special assessments by general improvement or divisional district—Notes payable exclusively by assessments. | Said notes shall be payable exclusively by assessments levied at the time of the regular annual levy each year thereafter until fully paid. All the lands within the general improvement district or divisional district as the case may be, shall be and remain liable to an annual assessment for the payment of said notes wi... |
89.30.784 | Special assessments by general improvement or divisional district—Interest on notes. | (1) Notes issued under the provisions of this chapter shall bear interest at a rate or rates authorized by the district board, payable semiannually. (2) Notwithstanding subsection (1) of this section, such notes may be issued in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 264 ; 1927 c 254 s 262 ; RRS s 7402-262. ... |
89.30.787 | Tolls for electricity and water—Collection, deposit. | The district board shall have authority to fix and charge tolls for the sale or lease and/or distribution of electric power or water, as herein provided, and to collect said tolls from all persons using such service. All tolls shall be collected by such officer as the board shall designate and shall be deposited monthl... |
89.30.790 | Tolls for electricity and water—Toll collector's bond. | Any officer of the district collecting tolls as herein provided, shall be required to give a surety bond in double the probable amount of monthly collections conditioned that he or she will faithfully account to the reclamation district for all tolls collected under the provisions of this chapter.
[ 2013 c 23 s 591 ; 1... |
89.30.793 | Jurisdiction of courts. | At the instance of the board of directors of any reclamation district created under this chapter, the superior court of the state of Washington shall have original jurisdiction to judicially examine, approve and confirm any or all proceedings pertaining to the organization of the reclamation district or of any general ... |
89.30.796 | Jurisdiction of courts—Petition for judicial determination. | For the purpose of securing such judicial determination, the board of directors of the reclamation district shall file in the superior court of the county in which the lands of said district or some portion thereof are situated, a petition praying in effect that the proceedings aforesaid be examined, approved and confi... |
89.30.799 | Jurisdiction of courts—Contents of petition. | The petition shall state the facts generally showing the proceedings which are sought to be judicially examined.
[ 1927 c 254 s 267 ; RRS s 7402-267. Formerly RCW 89.24.710 , part.] |
89.30.802 | Jurisdiction of courts—Notice of hearing of petition. | The court shall fix a time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall mention the time and place fixed for the hearing of the petition and the prayer of the petition, and shall state that any person interested in ... |
89.30.805 | Jurisdiction of courts—Notice, how given and published. | The notice shall be given and published in the same manner and for the same length of time as that required herein for the notice of hearing on the petition to organize a reclamation district.
[ 1927 c 254 s 269 ; RRS s 7402-269. Formerly RCW 89.24.730 .] |
89.30.808 | Jurisdiction of courts—Demurrer or answer to petition. | Any person interested in the proceedings sought to be judicially examined may demur to or answer said petition.
[ 1927 c 254 s 270 ; RRS s 7402-270. Formerly RCW 89.24.750 .] |
89.30.811 | Jurisdiction of courts—Rules which govern. | The rules of pleading, practice and appeal provided by the statutes of this state which are not inconsistent with any of the provisions herein, are applicable to and shall govern the special proceedings for the judicial examination and determination of any of the district proceedings aforesaid.
[ 1927 c 254 s 271 ; RRS... |
89.30.814 | Jurisdiction of courts—Motion and order for new trial. | A motion for a new trial must be made upon the minutes of the court. The order granting a new trial must specify the issues to be reexamined on such new trial and the findings of the court upon the other issues shall not be affected by such order granting a new trial.
[ 1927 c 254 s 272 ; RRS s 7402-272. Formerly RCW 8... |
89.30.817 | Jurisdiction of courts—Action in rem—Power of court. | Said action shall be one in rem against all persons claiming any right or interest in the proceedings concerned and upon the hearing of such special proceedings the court shall have full power and jurisdiction to examine and determine the legality and validity of and to approve and confirm each and all of the proceedin... |
89.30.820 | Jurisdiction of courts—Errors disregarded—Approval in whole or part. | The court in inquiring into the regularity, legality and correctness of said proceedings, must disregard any error, determination or omission which does not affect the substantial rights of the parties to said special proceedings and it may approve and confirm such proceedings in part and disapprove and declare illegal... |
89.30.823 | Jurisdiction of courts—Conclusiveness of judgment. | The judgment rendered in such action unless appealed from within the time prescribed herein and upon final judgment upon appeal, shall be conclusive as to all matters determined by the court in said action against every person including those under disability as well as those free from disability.
[ 1927 c 254 s 275 ; ... |
89.30.826 | Jurisdiction of courts—Costs. | The cost of the special judicial proceedings authorized herein may be allowed and apportioned between all of the parties in the discretion of the court.
[ 1927 c 254 s 276 ; RRS s 7402-276. Formerly RCW 89.24.810 .] |
89.30.829 | Jurisdiction of courts—Time for appeal. | An appeal from an order granting or refusing a new trial or from the judgment in said action must be taken by the parties aggrieved within thirty days after the entry of said order or said judgment.
[ 1927 c 254 s 277 ; RRS s 7402-277. Formerly RCW 89.24.790 .] |
89.30.832 | Liberal construction. | The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects.
[ 1927 c 254 s 278 ; RRS s 7402-278.] |
89.50.010 | Findings—Purpose. | (1) The legislature finds that: (a) Numerous governmental agencies, state programs, and private entities share goals and missions relating to food, nutrition, agriculture, health, education, and economic development through sustained agricultural production and improved access to nutritious foods; (b) The food and agri... |
89.50.020 | Washington food policy forum established. | (1) The Washington food policy forum is established as a public-private partnership and its purpose is to develop recommendations to advance the following food system goals: (a) To increase the availability of Washington-grown foods throughout the state, including by increasing direct marketing sales and consumption of... |
90.03.005 | State water policy—Cooperation with other agencies—Reduction of wasteful practices. | It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural va... |
90.03.010 | Appropriation of water rights—Existing rights preserved. | The power of the state to regulate and control the waters within the state shall be exercised as hereinafter in this chapter provided. Subject to existing rights all waters within the state belong to the public, and any right thereto, or to the use thereof, shall be hereafter acquired only by appropriation for a benefi... |
90.03.015 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Director" means the director of ecology. (3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes. (4) "Munici... |
90.03.020 | Units of water measurement. | The legally recognized units of water measurement shall be as follows: For flowing water — one cubic foot of water per second of time, and to be designated "secondfoot." For absolute volume or quantity of water — forty-three thousand five hundred sixty cubic feet of water, and to be designated "acrefoot."
[ 1917 c 117 ... |
90.03.030 | Right to convey water along lake or stream—Conveyance to intake structure in neighboring state. | Any person may convey any water which he or she may have a right to use along any of the natural streams or lakes of this state, but not so as to raise the water thereof above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall be made for evaporation and seepag... |
90.03.040 | Eminent domain—Use of water declared public use. | The beneficial use of water is hereby declared to be a public use, and any person may exercise the right of eminent domain to acquire any property or rights now or hereafter existing when found necessary for the storage of water for, or the application of water to, any beneficial use, including the right to enlarge exi... |
90.03.060 | Water masters—Appointment, compensation. | (1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the water users to require them. The districts for or in which the water masters serve shall be designated water master districts, which shall be fixed from time to time by the department, as required, and the... |
90.03.070 | Water masters—Duties—Office space and equipment—Clerical assistance. | It shall be the duty of the water master, acting under the direction of the department, to divide in whole or in part, the water supply of his or her district among the several water conduits and reservoirs using said supply, according to the right and priority of each, respectively. He or she shall divide, regulate, a... |
90.03.090 | Water master's power of arrest. | The water master shall have the power, within his or her district, to arrest any person in the act of violating any of the provisions of this chapter and to deliver such person promptly into the custody of the sheriff or other competent officer within the county and immediately upon such delivery the water master makin... |
90.03.100 | Prosecuting attorney, legal assistant. | It shall be the duty of the prosecuting attorney of any county to appear for or on behalf of the department or any water master, upon request of any such officer in any case which may arise in the performance of the official duties of any such officer within the jurisdiction of said prosecuting attorney.
[ 1987 c 109 s... |
90.03.105 | Petition by planning units for general adjudication. | The legislature finds that the lack of certainty regarding water rights within a water resource basin may impede management and planning for water resources. The legislature further finds that planning units conducting water resource planning under chapter 90.82 RCW may find that the certainty provided by a general adj... |
90.03.110 | Determination of water rights—Petition—Statement and plan. | (1) Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall prepare ... |
90.03.120 | Determination of water rights—Order—Summons—Necessary parties—Use of innovative practices and technologies encouraged. | (1) Upon the filing of the statement and map as provided in RCW 90.03.110 the judge of such superior court shall make an order directing summons to be issued, and fixing the return day thereof, which shall be not less than 100 nor more than 130 days, after the making of such order: PROVIDED, That for good cause, the co... |
90.03.130 | Determination of water rights—Service of summons. | (1) Service of said summons shall be made in the same manner and with the same force and effect as service of summons in civil actions commenced in the superior courts of the state: PROVIDED, That as an alternative to personal service, service may be made by certified mail, with return receipt signed and dated by defen... |
90.03.140 | Determination of water rights—Adjudication claim by defendant. | (1) On or before the date specified in the summons, each defendant shall file with the clerk of the superior court an adjudication claim on a form and in a manner provided by the department, and mail or electronically mail a copy to the department. The department shall provide information that will assist claimants of ... |
90.03.150 | Determination of water rights—Guardian ad litem for defendant. | Whenever any defendant in any proceeding instituted under this chapter is an infant, or an alleged incompetent or disabled person for whom the court has not yet appointed either a guardian or a limited guardian, the court shall appoint a guardian ad litem for such minor or alleged incompetent or disabled defendant.
[ 1... |
90.03.160 | Determination of water rights—Response to motions under RCW90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules of procedure. | (1) Upon filing of the department's motion or motions under RCW 90.03.640 (3), any party with a claim filed under RCW 90.03.140 for the appropriation of water or waters of the subject adjudication may file and serve a response to the department's motion or motions within the time set by the court for such a response. O... |
90.03.640 | Water rights adjudication—Preliminary investigation—Department's report of findings. | (1) Upon the receipt of adjudication claims and the filing of claimants' evidence, the department shall conduct a preliminary investigation for the purpose of examining: (a) The uses of the subject waters by and any physical works in connection with the persons to whom the adjudication applies; and (b) The uses for whi... |
90.03.180 | Determination of water rights—Filing fee. | At the time of filing the adjudication claim as provided in RCW 90.03.140 , each defendant, except the United States or an Indian tribe under 43 U.S.C. Sec. 666, shall pay to the clerk of the superior court a fee as set under RCW 36.18.016 .
[ 2009 c 332 s 12 ; 1995 c 292 s 21 ; 1982 c 15 s 2 ; 1979 ex.s. c 216 s 3 ; 1... |
90.03.200 | Determination of water rights—Final decree and notice of decree—Payment of fees—Appellate review of decree. | Upon the court's determination of all issues, the court shall issue a final decree and provide notice of the decree to all parties. The final decree must order each party whose rights have been confirmed, except the United States or an Indian tribe under 43 U.S.C. Sec. 666, to pay the department the fees required by RC... |
90.03.210 | Determination of water rights—Interim regulation of water—Appeals. | (1) During the pendency of such adjudication proceedings prior to judgment or upon review by an appellate court, the stream or other water involved shall be regulated or partially regulated according to the schedule of rights specified in the department's report upon an order of the court authorizing such regulation: P... |
90.03.220 | Determination of water rights—Failure to appear—Estoppel. | Whenever proceedings shall be instituted for the determination of the rights to the use of water, any defendant who shall fail to appear in such proceedings, after legal service, and submit proof of his or her claim, shall be estopped from subsequently asserting any right to the use of such water embraced in such proce... |
90.03.230 | Determination of water rights—Copy of decree to director. | The clerk of the superior court, immediately upon the entry of any decree by the superior court, shall transmit a certified copy thereof to the director, who shall immediately enter the same upon the records of the department.
[ 1987 c 109 s 81 ; 1917 c 117 s 25 ; RRS s 7376. Formerly RCW 90.12.130 .]
Purpose — Short t... |
90.03.240 | Determination of water rights—Certificate of adjudicated water right—Notice—Fees. | Upon the court's final determination of the rights to water, the department shall issue to each person entitled to a water right by such a determination, a certificate of adjudicated water right, setting forth the name and mailing address of record with the court of such person; the priority and purpose of the right; t... |
90.03.243 | Determination of water rights—State to bear its expenses, when—County must be provided extraordinary costs imposed due to adjudication. | The expenses incurred by the state in a proceeding to determine rights to water initiated under RCW 90.03.110 or 90.44.220 or upon appeal of such a determination shall be borne by the state. Subject to the availability of state funding provided either by direct appropriation or funded through the administrative office ... |
90.03.245 | Determination of water rights—Scope. | Rights subject to determination proceedings conducted under RCW 90.03.110 through 90.03.240 and 90.44.220 include all rights to the use of water, including all diversionary and instream water rights, and include rights to the use of water claimed by the United States. Nothing in this section may be construed as establi... |
90.03.247 | Minimum flows and levels—Departmental authority exclusive—Other recommendations considered. | (1) Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to: (a) Protect the levels or flows; or (b) require water r... |
90.03.250 | Appropriation procedure—Application for permit—Temporary permit. | Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he or she has... |
90.03.252 | Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable. | The permit requirements of RCW 90.03.250 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of RCW 90.46.120 and do not apply to the use of agricultural industrial process water as provided under RCW 90.46.150 .
[ 2001 c 69 s 6 ; 1997 c 444 s 2 .]
Severabilit... |
90.03.255 | Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique. | The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water... |
90.03.260 | Appropriation procedure—Application—Contents. | (1) Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work,... |
90.03.265 | Appropriation procedure—Cost-reimbursement agreement for expedited review of application—Adoption of rules. | (1)(a) Any applicant for a new withdrawal or a change, transfer, or amendment of a water right pending before the department may initiate a cost-reimbursement agreement with the department to provide expedited review of the application. A cost-reimbursement agreement may be initiated under this section if the applicant... |
90.03.270 | Appropriation procedure—Record of application. | Upon receipt of an application it shall be the duty of the department to make an endorsement thereon of the date of its receipt, and to keep a record of same. If upon examination, the application is found to be defective, it shall be returned to the applicant for correction or completion, and the date and the reasons f... |
90.03.280 | Appropriation procedure—Notice. | Upon receipt of a proper application, the department shall instruct the applicant to publish notice thereof in a form and within a time prescribed by the department in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use is to be made, and in such other newspap... |
90.03.290 | Appropriation procedure—Department to investigate—Preliminary permit—Findings and action on application. | (1) When an application complying with the provisions of this chapter and with the rules of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and deter... |
90.03.300 | Appropriation procedure—Diversion of water for out-of-state use—Reciprocity. | No permit for the appropriation of water shall be denied because of the fact that the point of diversion described in the application for such permit, or any portion of the works in such application described and to be constructed for the purpose of storing, conserving, diverting or distributing such water, or because ... |
90.03.310 | Appropriation procedure—Assignability of permit or application. | Any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment shall be binding or valid unless filed for record with the department. Any application for permits to appropriate water prior to permit issuing, may be assigned by the applicant, but no such assignment shall ... |
90.03.320 | Appropriation procedure—Construction work. | Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the comm... |
90.03.330 | Appropriation procedure—Water right certificate. | (1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by the director, and such certificate shall thereupo... |
90.03.340 | Appropriation procedure—Effective date of water right. | The right acquired by appropriation shall relate back to the date of filing of the original application with the department.
[ 1987 c 109 s 90 ; 1917 c 117 s 35 ; RRS s 7387. Formerly RCW 90.20.110 .]
Purpose — Short title — Construction — Rules — Severability — Captions — 1987 c 109: See notes following RCW 43.21B.001... |
90.03.345 | Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates. | The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050 (1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effectiv... |
90.03.350 | Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations. | Except as provided in RCW 43.21A.068 , any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for exami... |
90.03.360 | Controlling works and measuring devices—Metering of diversions—Impact on fish stock. | (1) The owner or owners of any water diversion shall maintain, to the satisfaction of the department of ecology, substantial controlling works and a measuring device constructed and maintained to permit accurate measurement and practical regulation of the flow of water diverted. Every owner or manager of a reservoir fo... |
90.03.370 | Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project standards and rules—Exemptions—Report to the legislature. | (1)(a) All applications for reservoir permits are subject to the provisions of RCW 90.03.250 through 90.03.320 . But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in comp... |
90.03.380 | Right to water attaches to land—Transfer or change in point of diversion—Transfer of rights from one district to another—Priority of water rights applications—Exemption for small irrigation impoundments—Electronic notice of an application for an interbasin water rights transfer. | (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss o... |
90.03.383 | Interties—Findings—Definitions—Review and approval. | (1) The legislature recognizes the value of interties for improving the reliability of public water systems, enhancing their management, and more efficiently utilizing the increasingly limited resource. Given the continued growth in the most populous areas of the state, the increased complexity of public water supply m... |
90.03.386 | Coordination of approval procedures for compliance and consistency with approved water system plan. | (1) Within service areas established pursuant to chapter 43.20 or 70A.100 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan or small water system management program. (2) The effect of the department o... |
90.03.390 | Temporary changes—Emergency interties—Rotation in use. | RCW 90.03.380 shall not be construed to prevent water users from making a seasonal or temporary change of point of diversion or place of use of water when such change can be made without detriment to existing rights, but in no case shall such change be made without the permission of the water master of the district in ... |
90.03.395 | Change of point of diversion to downstream intake structure—Intent. | The legislature intends to allow modification of the point of diversion in a water right permit when such a modification will provide both environmental benefits and water supply benefits and nothing in RCW 90.03.397 is to be construed as allowing any other change or transfer of a right to the use of surface water whic... |
90.03.397 | Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements. | (1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity to transport the additional diversion t... |
90.03.400 | Crimes against water code—Unauthorized use of water. | (1)(a) The unauthorized use of water to which another person is entitled or the willful or negligent waste of water to the detriment of another, is a misdemeanor. (b) For instances of the waste of water under this subsection, the department may alternatively follow the sequence of enforcement actions as provided in RCW... |
90.03.410 | Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty. | (1) Any person or persons who shall willfully interfere with, or injure or destroy any dam, dike, headgate, weir, canal or reservoir, flume, or other structure or appliance for the diversion, carriage, storage, apportionment, or measurement of water for irrigation, reclamation, power, or other beneficial uses, or who s... |
90.03.420 | Crimes against water code—Obstruction of right-of-way. | Whenever any appropriator of water has the lawful right-of-way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto or trespass thereon.
[ 1917 c 117 s 42 ; RRS s 7394. Formerly RC... |
90.03.430 | Partnership ditches—Action for reimbursement for work done. | In all cases where irrigating ditches are owned by two or more persons and one or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches or to construct suitable headgates or measuring devices at the ... |
90.03.440 | Partnership ditches—Procedure for division of water between joint owners. | When two or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, and where there is no disagreement as to the ownership of said water, it shall be la... |
90.03.450 | Partnership ditches—Lien for labor performed. | Upon the failure of any co-owner to pay his or her proportionate share of such expense as mentioned in RCW 90.03.430 within thirty days after receiving a statement of the same as performed by his or her co-owner or owners, such person or persons so performing such labor may secure payment of said claim by filing an ite... |
90.03.460 | Inchoate rights not affected. | Nothing in this chapter contained shall operate to effect an impairment of any inchoate right to divert and use water while the application of the water in question to a beneficial use is being prosecuted with reasonable diligence, having due regard to the circumstances surrounding the enterprise, including the magnitu... |
90.03.470 | Schedule of fees. | The fees specified in this section shall be collected by the department in advance of the requested action. (1) For the examination of an application for a permit to appropriate water, a minimum fee of fifty dollars must be remitted with the application. For an amount of water exceeding one-half cubic foot per second, ... |
90.03.471 | Disposition of fees. | All fees, collections and revenues derived under RCW 90.03.470 or by virtue of RCW 90.03.180 , shall be used exclusively for the purpose of carrying out the work and performing the functions of the division of water resources of the department.
[ 1987 c 109 s 99 ; 1925 ex.s. c 161 s 3 ; RRS s 7399-1.]
Purpose — Short t... |
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