rcw_number stringlengths 8 12 | title stringlengths 4 590 | text stringlengths 17 193k |
|---|---|---|
90.03.500 | Stormwater control facilities—Imposition of rates and charges—Legislative findings. | The legislature finds that increasing the surface water or stormwater accumulation on or flow over real property, beyond that which naturally occurs on the real property, may cause severe damage to the real property and limit the gainful use or enjoyment of the real property, resulting in a tort, nuisance, or taking. T... |
90.03.510 | Stormwater control facilities—Imposition of rates and charges—Credit for other improvements. | Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund stormwater control facilities or improvements and the operation and maintenance of such facilities or improvements under RCW 35.67.020 , 35.92.020 , 36.89.080 , 36.94.140 , 57.08.005 , or 57.08.081 , it ... |
90.03.520 | Stormwater control facilities—Imposition of rates and charges—Definitions. | The definitions set forth in this section apply to RCW 90.03.525 and 35.67.025 . (1) "State highway right-of-way" means the right-of-way for a state highway. The phrase includes the right-of-way of a state limited access highway inside or outside a city or town but does not include city or town streets forming a part o... |
90.03.525 | Stormwater control facilities—Imposition of rates and charges with respect to state highway rights-of-way—Annual plan for expenditure of charges. | (1) The rate charged by a local government utility to the department of transportation with respect to state highway right-of-way or any section of state highway right-of-way for the construction, operation, and maintenance of stormwater control facilities under chapters 35.67 , 35.92, 36.89, 36.94, 57.08, and 86.15 RC... |
90.03.540 | Highway construction improvement projects—Joint stormwater treatment facilities. | In the development of highway construction improvement projects, the department of transportation shall coordinate with adjacent local governments, ports, and other public and private organizations to determine opportunities for cost-effective joint stormwater treatment facilities for both new and existing impervious s... |
90.03.550 | Municipal water supply purposes—Beneficial uses. | Beneficial uses of water under a municipal water supply purposes water right may include water withdrawn or diverted under such a right and used for: (1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or (2) Uses that are needed to implement environmental obli... |
90.03.560 | Municipal water supply purposes—Identification. | When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015 , are correctly identified as being for munic... |
90.03.570 | Change or transfer of an unperfected surface water right for municipal water supply purposes. | (1) An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW 90.03.380 for any purpose if: (a) The supplier is in compliance with the terms of an approved water system plan or small ... |
90.03.580 | Failing public water system—Conditions. | To be considered a failing public water system for the purposes of RCW 90.03.570 , the department of health, in consultation with the department and the local health authority, must make a determination that the system meets one or more of the following conditions: (1) A public water system has failed, or is in danger ... |
90.03.590 | Municipal water suppliers—Watershed agreement—Pilot project. | (1) On a pilot project basis, the department may enter into a watershed agreement with one or more municipal water suppliers in water resource inventory area number one to meet the objectives established in a water resource management program approved or being developed under chapter 90.82 RCW with the consent of the i... |
90.03.591 | New watershed agreements prohibited after July 1, 2008. | The department may not enter into new watershed agreements under RCW 90.03.590 after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date.
[ 2003 1st sp.s. c 5 s 17 .]
Severability — 2003 1st sp.s. c 5: See note following RCW 90.03.015 . |
90.03.600 | Civil penalties. | In determining the amount of a penalty to be levied, the department shall consider the seriousness of the violation, whether the violation is repeated or continuous after notice of the violation is given, and whether any damage has occurred to the health or property of other persons. Except as provided in RCW 43.05.060... |
90.03.605 | Compliance—Sequence of enforcement measures—Location of compliance personnel. | (1) The department shall, through a network of water masters appointed under this chapter, stream patrollers appointed under chapter 90.08 RCW, and other assigned compliance staff to the extent such a network is funded, achieve compliance with the water laws and rules of the state of Washington in the following sequenc... |
90.03.615 | Calculating annual consumptive quantity. | For purposes of calculating annual consumptive quantity as defined under RCW 90.03.380 (1), if, within the most recent five-year period, the water right has been in the trust water rights program under chapter 90.38 or 90.42 RCW, or the nonuse of the water right has been excused from relinquishment under RCW 90.14.140 ... |
90.03.620 | Water rights adjudication—Disqualification of judge. | (1) A judge in a water right adjudication filed under this chapter may be partially or fully disqualified from hearing the adjudication. Partial disqualification means disqualification from hearing specified claims. Full disqualification means disqualification from hearing any aspect of the adjudication. (a) A judge is... |
90.03.625 | Water rights adjudication—Motion for default. | Upon expiration of the filing period established under RCW 90.03.120 , the department shall file a motion for default against defendants who have been served but who have failed to timely file an adjudication claim under RCW 90.03.140 . A party in default may file a late claim under the same circumstances the party cou... |
90.03.630 | Water rights adjudication—Use for which a statement of claim is required. | If an adjudication claim is for a use for which a statement of claim was required to be filed under chapter 90.14 RCW and no such claim was filed, the department may move that the adjudication claim be denied. The court shall grant the department's motion unless the claimant shows good cause why the motion should not b... |
90.03.635 | Water rights adjudication—Filing of evidence. | (1) Within the date set by the court for filing evidence, each claimant shall file with the court evidence to support the claimant's adjudication claims. The court is encouraged to set a date for filing evidence that is reasonable and fair for the timely processing of the adjudication. The evidence may include, without... |
90.03.645 | Water rights adjudication—Early settlement encouraged—Approval of settlement. | (1) The legislature finds that early settlement of contested claims is needed for a fair and efficient adjudication of water rights. Therefore, the department and other parties should identify opportunities for settlement following the date set by the court for filing of claims. To the extent consistent with court rule... |
90.03.650 | Water rights processing account. | The water rights processing account is created in the state treasury. All receipts from the fees collected under RCW 90.03.655 , 90.03.665 , and 90.44.540 must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may only be used to support the process... |
90.03.655 | Expedited processing of applications—On department's own volition—Notice—Fees. | (1) The department may expedite processing of applications within the same source of water on its own volition when there is interest from a sufficient number of applicants or upon receipt of written requests from at least ten percent of the applicants within the same source of water. (2) If the conditions of subsectio... |
90.03.660 | Expedited processing of applications—Notice to tribal governments. | The department must post notice on its website and provide additional electronic notice and opportunity for comment to affected federally recognized tribal governments concurrently when providing notice to applicants under RCW 90.03.265 , 90.03.655 , and 90.44.540 .
[ 2010 c 285 s 6 .]
Intent — 2010 c 285: See note fol... |
90.03.665 | Certified water right examiners—Fees—Rules. | (1) The department shall establish and maintain a list of certified water right examiners. Certified water right examiners on the list are eligible to perform final proof examinations of permitted water uses leading to the issuance of a water right certificate under RCW 90.03.330 . The list must be updated annually and... |
90.03.670 | Processing of water right applications—Scope of chapter 285, Laws of 2010. | Nothing in chapter 285, Laws of 2010 affects or diminishes the processing of water right applications under any other existing authority, including but not limited to existing authority for the priority processing of applications by the department.
[ 2010 c 285 s 13 .]
Intent — 2010 c 285: See note following RCW 90.03.... |
90.03.675 | Stormwater retention ponds—Mosquito abatement. | (1) A county, city, town, water-sewer district, or flood control zone district constructing, improving, operating, or maintaining stormwater control facilities under chapter 35.67 , 35.92, 36.89, 36.94, 57.08, or 86.15 RCW that include stormwater retention ponds, also known as wet ponds, wet retention ponds, or wet ext... |
90.03.680 | Water commissioners—Appointment—Training. | (1) In each county, the superior court may appoint one or more attorneys to act as water commissioners to assist the superior court in disposing of its business. (2) The appointments provided for in this section shall be made by a majority vote of the judges of the superior court of the county and may be in addition to... |
90.03.683 | Water commissioners—Authority in a water rights adjudication—Acts and proceedings subject to revision by superior court. | The judges of the superior court of the county by majority vote may authorize water commissioners, appointed pursuant to RCW 90.03.680 , to perform any and all of the following in a water rights adjudication: (1) Appoint guardians ad litem for claimants under RCW 90.03.150 as necessary; (2) Hold evidentiary hearings to... |
90.08.040 | Stream patroller—Appointment—Powers. | Where water rights of a stream have been adjudicated a stream patroller shall be appointed by the director of the department of ecology upon application of water users having adjudicated water rights in each particular water resource making a reasonable showing of the necessity therefor, which application shall have be... |
90.08.050 | Stream patrollers—Compensation, travel expenses. | Each stream patroller shall receive a wage per day for each day actually employed in the duties of his or her office, or if employed by the month, he or she shall receive a salary per month, which wage or salary shall be fixed in the manner provided by law for the fixing of the salaries or compensation of other state o... |
90.08.060 | Stream patrollers—Users to share in payment of compensation. | The salary of the stream patroller shall be borne by the water users receiving the benefits and shall be paid to the county or counties in the following manner: The county or counties may assess each water user for his or her proportionate share of the total stream patroller expense in the same ratio that the amount of... |
90.08.070 | Right of county to sue user for unpaid share of expenses. | Upon failure of any water user to pay his or her proportionate share of the expense referred to in RCW 90.08.050 and 90.08.060 , the county or counties shall be entitled to sue for and recover any such unpaid portion in any court of competent jurisdiction.
[ 2013 c 23 s 604 ; 1977 c 22 s 4 ; 1925 ex.s. c 162 s 4 ; RRS ... |
90.14.010 | Purpose. | The future growth and development of the state is dependent upon effective management and efficient use of the state's water resources. The purpose of this chapter is to provide adequate records for efficient administration of the state's waters, and to cause a return to the state of any water rights which are no longe... |
90.14.020 | Legislative declaration. | The legislature finds that: (1) Extensive uncertainty exists regarding the volume of private claims to water in the state; (2) Such uncertainty seriously retards the efficient utilization and administration of the state's water resources, and impedes the fullest beneficial use thereof; (3) A strong beneficial use requi... |
90.14.031 | Definitions. | Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings: (1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agen... |
90.14.041 | Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions. | All persons using or claiming the right to withdraw or divert and make beneficial use of public surface or ground waters of the state, except as provided in this section, RCW 90.14.043 , and 90.14.068 , shall file with the department of ecology not later than June 30, 1974, a statement of claim for each water right ass... |
90.14.043 | Claim of right to withdraw, divert, or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions—Adjudication filing in water resource inventory area 1. | (1) Notwithstanding any time restrictions imposed by the provisions of this chapter, a person may file a claim pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided in this section. (2) A certification shall be issued by the pollution control hearings boa... |
90.14.044 | Existing water rights not impaired. | The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition for certification filed during the period beginning on July 28, 1985, and ending on midnight, September 1, 1985, shall not affect or impair in any respect whatsoever any water right existing prior to July 28, 1985.
[ 1985 c 435 s 2 .] |
90.14.051 | Statement of claim—Contents—Short form. | The statement of claim for each right shall include substantially the following: (1) The name and mailing address of the claimant. (2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available. (3) The quantities of water and times of use claimed. (4) The l... |
90.14.061 | Statement of claim—Filing procedure—Processing of claim—Fee. | Filing of a statement of a claim shall take place and be completed upon receipt by the department of ecology, at its office in Olympia, of an original statement signed by the claimant or his or her authorized agent, and two copies thereof. Any person required to file hereunder may file through a designated representati... |
90.14.065 | Statement of claim—Amendment—Surface water right claim change or transfer—Review of department of ecology's determination. | (1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on file with the water rights claims registry may submit to the department of ecology for filing an amendment to such a statement of claim if the submitted amendment is based on: (i) An error in estimation of the quantity of... |
90.14.068 | Statement of claim—New filing period. | (1) A new period for filing statements of claim for water rights is established. The filing period shall begin September 1, 1997, and shall end at midnight June 30, 1998. Each person or entity claiming under state law a right to withdraw or divert and beneficially use surface water under a right that was established be... |
90.14.071 | Failure to file claim waives and relinquishes right. | Except as provided in *section 5 of this act or as exempted from filing by RCW 90.14.041 , any person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.041 , who fails to file a statement of claim as provided in RCW 90.14.041 , 90.14.043 , or 90.14.068 and in RCW 90.14.051 and 90.14... |
90.14.081 | Filing of claim not deemed adjudication of right—Prima facie evidence. | The filing of a statement of claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one or more water use claimants and another or others. A statement of claim filed pursuant to RCW 90.14.061 shall be admissible in a general ad... |
90.14.091 | Definitions—Water rights notice—Form. | For the purpose of RCW 90.14.031 through 90.14.121 the following words and phrases shall have the following meanings: (1) "Statement of taxes due" means the statement required under RCW 84.56.050 . (2) "Notice in writing" means a notice substantially in the following form: WATER RIGHTS NOTICE Every person, including bu... |
90.14.101 | Notice of chapter provisions—How given—Requirements. | To insure that all persons referred to in RCW 90.14.031 and 90.14.041 are notified of the registration provisions of this chapter, the department of ecology is directed to give notice of the registration provisions of this chapter as follows: (1) It shall cause a notice in writing to be placed in a prominent and conspi... |
90.14.111 | Water rights claims registry. | The department of ecology is directed to establish a registry entitled the "Water Rights Claims Registry". All claims set forth pursuant to RCW 90.14.041 , 90.14.051 and 90.14.061 shall be filed in the registry alphabetically and consecutively by control number, and by such other manner as deemed appropriate by the dep... |
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 ... |
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 dep... |
90.14.140 | "Sufficient cause" for nonuse defined—Rights exempted. | (1) For the purposes of RCW 90.14.130 through 90.14.180 , "sufficient cause" shall be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of: (a) Drought, or other unavailability of water; (b) Active ser... |
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 s 100 ; ... |
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 al... |
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... |
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 succe... |
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... |
90.14.200 | Implementation and enforcement of chapter—Proceedings under RCW90.14.130deemed 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... |
90.14.210 | 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 s 21 .]
Application to Yakima river basin trust water rights: RCW 90.38.040 . |
90.14.215 | Chapter not applicable to trust water rights under chapter90.38or90.42RCW. | 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 s 14 .]
Purposes — 1991 c 347: See note following RCW 90.42.005 . |
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 s 22 .]
Application to Yakima river basin trust water rights: RCW 90.38.040 . |
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 s 102 ; 1967 c 233 s 23 .]
Purpose — Short title — Construction — Rules — Severability — Captions — 1987 c 109: See notes following RCW 43.21B.001 .
Application to ... |
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 departme... |
90.14.900 | Effective date—1967 c 233. | The effective date of this act is July 1, 1967.
[ 1967 c 233 s 25 .]
Application to Yakima river basin trust water rights: RCW 90.38.040 . |
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.
[ 19... |
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 th... |
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, cr... |
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 th... |
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 ditch... |
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, sh... |
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 proc... |
90.16.050 | Use of water for power development—Annual license fee—Progress report—Exceptions to the fee schedule—Ensuring accountability in the programs. | (1) Every person, firm, private or municipal corporation, or association hereinafter called "claimant", claiming the right to the use of water within or bordering upon the state of Washington for power development, shall on or before the first day of January of each year pay to the state of Washington in advance an ann... |
90.16.060 | Schedule of fees for claimants of water power—Statement of claim—Penalties—Excessive claim—Abandonment. | The license fee herein required shall be paid in advance to the state department of ecology and shall be accompanied by written statement, showing the extent of the claim. Said statement shall set forth the name and address of the claimant, the name of the stream from which the water is appropriated or claimed for powe... |
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... |
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... |
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 on... |
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 territ... |
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. ... |
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 ... |
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... |
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 st... |
90.22.050 | Civil penalties. | See RCW 90.03.600 . |
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... |
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 abutt... |
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 establis... |
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 t... |
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 ... |
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 the... |
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 o... |
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... |
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 s 93 ; 1971 c 81 s 177 ; 1939 c 107 s 8 ; RRS s 7388-7.]
Severability — 1988 c 202: See note following RCW 2.24.050 . |
90.28.010 | Right to back and hold waters over roads, streets, and alleys—Procedure. | The department of transportation may, in its sole discretion, grant to any person or corporation the right, privilege, and authority to perpetually back and hold the waters of any lake, river, stream, slough, or other body of water, upon or over any state, county, or permanent highway or road, or any street or alley wi... |
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 l... |
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 feasibl... |
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 s 3 ; no RRS.] |
90.28.170 | Dams across streams. | There is hereby granted to persons, firms and corporations organized among other things, for irrigation and power purposes, the right to construct and maintain dams and works incident thereto over, upon and across the beds of the rivers of the state of Washington in connection with such power and irrigation purposes, a... |
90.36.010 | Right-of-way to wells. | Any person who may be entitled to water from any artesian well shall have the right to condemn the right-of-way for a ditch to convey such water for the purpose of irrigation over the lands intervening between such well and the place where the party owning such water wishes to use the same, and such right-of-way may be... |
90.36.020 | Flow limited during certain period—Exceptions. | It shall be unlawful for any person, firm, corporation or company having possession or control of any artesian well within the state, whether as contractor, owner, lessee, agent or manager, to allow or permit water to flow or escape from such well between the fifteenth day of October in any year and the fifteenth day o... |
90.36.030 | Capping well—Exceptions. | It shall be the duty of every person, firm, corporation or company having possession or control of any artesian well, as provided in RCW 90.36.020 , to securely cap the same over on or before the fifteenth day of October in each and every year in such manner as to prevent the flow or escape of water therefrom, and to k... |
90.36.040 | Right of neighboring owner to cap well—Lien. | Whenever any person, firm, corporation or company in possession or control of an artesian well shall fail to comply with the provisions of *this act, any person, firm, corporation or company lawfully in the possession of land situate adjacent to or in the vicinity or neighborhood of such well and within five miles ther... |
90.36.050 | Penalty—1901 c 121. | Any person whether as owner, lessee, agent or manager having possession or control of any such well, violating the provisions of *this act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding two hundred dollars for each and every such offense, and the further sum... |
90.38.005 | Findings—Purpose. | (1) The legislature finds that: (a) Under present physical conditions in the Yakima river basin there is an insufficient supply of ground and surface water to satisfy the present needs of the basin, and that the general health, welfare, and safety of the people of the Yakima river basin depend upon the conservation, ma... |
90.38.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Integrated plan" means the Yakima river basin integrated water resource management plan developed through a consensus-based approach by a diverse work group... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.