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90.38.020 | Acquisition or donation of trust water rights. | (1)(a) The department may acquire water rights, including but not limited to storage rights, by purchase, lease, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. A water right acquired by the ... |
90.38.030 | Water conservation projects—Contracts for financial assistance. | (1) For the purposes of this chapter, the department is authorized to enter into contracts with water users for the purpose of providing moneys to users to assist in the financing of water conservation projects. In exchange for the financial assistance provided for the purposes of this chapter, the water users shall co... |
90.38.040 | Trust water rights program. | (1) All trust water rights acquired by the department shall be placed in the Yakima river basin trust water rights program to be managed by the department. The department shall issue a water right certificate in the name of the state of Washington for each trust water right it acquires. (2) Trust water rights shall ret... |
90.38.050 | Rules. | The department may adopt rules as appropriate to ensure full implementation of this chapter.
[ 1989 c 429 s 6 .] |
90.38.060 | Integrated water resource management plan. | The department is authorized to implement the integrated water resource management plan in the Yakima river basin, through a coordinated effort of affected federal, state, and local agencies and resources, to develop water supply solutions that provide concurrent benefits to both instream and out-of-stream uses, and to... |
90.38.070 | Yakima integrated plan implementation account. | (1) The Yakima integrated plan implementation account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to this chapter, or moneys directed to the account from any other sources must be deposited in the account. The account is intende... |
90.38.080 | Yakima integrated plan implementation taxable bond account. | (1) The Yakima integrated plan implementation taxable bond account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to this chapter, or moneys directed to the account from any other sources must be deposited in the account. The accou... |
90.38.090 | Yakima integrated plan implementation revenue recovery account. | (1) The Yakima integrated plan implementation revenue recovery account is created in the state treasury. All receipts from direct appropriations from the legislature, moneys directed to the account pursuant to this chapter, or moneys directed to the account from any other sources must be deposited in the account. The a... |
90.38.100 | Report to the legislature and governor.(Expires December 31, 2045.) | (1) By December 1, 2015, and by December 1st of every odd-numbered year thereafter, and in compliance with RCW 43.01.036 , the department, in consultation with the United States bureau of reclamation, the Yakama Nation, Yakima river basin local governments, and key basin stakeholders, shall provide a Yakima river basin... |
90.38.110 | Construction of a water supply project—Prior review by the state of Washington water research center.(Expires July 1, 2035.) | (1) Prior to the appropriation of funding for the construction of a water supply project proposed in the integrated plan with a cost of greater than $100,000,000, the state of Washington water research center shall review, evaluate, and prepare comments on the cost-benefit analysis prepared for the project by the depar... |
90.38.120 | Legislative intent—Cost to implement the integrated plan. | (1)(a) It is the intent of the legislature for the state to pay its fair share of the cost to implement the integrated plan. At least one-half of the total costs to finance the implementation of the integrated plan must be funded through federal, private, and other nonstate sources, including a significant contribution... |
90.38.130 | Authorization to purchase land—Management and disposal of land. | (1) Subject to the availability of amounts appropriated for this specific purpose, the department of natural resources is authorized to purchase land to be held in the community forest trust under RCW 79.155.040 to serve the purposes of the community forest trust including the protection of Yakima river basin functioni... |
90.38.900 | Existing policies not replaced. | The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B RCW, RCW 43.83.340 or chapter 90.90 RCW may be used within or without the Yakima river basin.
[ 2015 1st sp.s. c 4 s 54 ; 2013 2nd sp.s. c 11 s 7 ; 1989 c... |
90.38.901 | Transfer of rights between irrigation districts not intended. | It is not the intent of this chapter to facilitate the transfer of water rights from one irrigation district to another.
[ 1989 c 429 s 8 .] |
90.38.902 | Existing rights not impaired. | (1) Nothing in this chapter shall authorize the impairment of, or operate to impair, any existing water rights. (2) Nothing in this chapter may be construed to limit, impair, waive, abrogate, or diminish: (a) Any treaty or other rights of the Yakama Nation; (b) Any powers, rights, or authorities conferred upon irrigati... |
90.40.010 | Eminent domain by the United States. | The United States is hereby granted the right to exercise the power of eminent domain to acquire the right to the use of any water, to acquire or extinguish any rights, and to acquire any lands or other property, for the construction, operation, repairs to, maintenance or control of any plant or system of works for the... |
90.40.020 | Right to use water courses. | The United States shall have the right to turn into any natural or artificial water course, any water that it may have acquired the right to store, divert, or store and divert, and may again divert and reclaim said waters from said water course for irrigation purposes subject to existing rights.
[ 1905 c 88 s 2 ; RRS s... |
90.40.030 | Notice and certificate, effect of. | Whenever the secretary of the interior of the United States, or any officer of the United States duly authorized, shall notify the commissioner of public lands of this state that pursuant to the provisions of the act of congress approved June 17, 1902, entitled, "An act appropriating the receipts from the sale and disp... |
90.40.040 | Appropriation of water—Title to beds and shores. | Whenever said secretary of the interior or other duly authorized officer of the United States shall cause to be let a contract for the construction of any irrigation works or any works for the storage of water for use in irrigation, or any portion or section thereof, for which the withdrawal has been effected as provid... |
90.40.050 | Reservation of needed lands—Procedure. | When the notice provided for in RCW 90.40.030 shall be given to the commissioner of public lands the proper officers of the United States may file with the said commissioner a list of lands (including in the term "lands" as here used, the beds and shores of any lake, river, stream, or other waters) owned by the state, ... |
90.40.060 | Restrictions on sale of state lands within project. | After the receipt by the commissioner of public lands of the notice from the secretary of the interior or other officer of the United States provided for in RCW 90.40.030 , no lands belonging to the state, susceptible of irrigation and within the area to be irrigated from the works projected by the United States and sp... |
90.40.070 | Federal water users' association—Exemption from fees. | Any water users' association which is organized in conformity with the requirements of the United States under said act of congress, and which under its articles of incorporation is authorized to furnish water only to its stockholders, shall be exempt from the payment of any incorporation tax, and from the payment of a... |
90.40.080 | Federal water users' association—Records by county auditor. | It shall be the duty of the county auditor to provide record books containing printed forms of the articles of incorporation and stock subscriptions to the stock of water users' associations organized in conformity with the requirements of the United States under said act of congress, and to use such books for recordin... |
90.40.090 | Permit for Grand Coulee project. | An application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to appropriate waters of the Columbia River under chapter 90.03 RCW, for the development of the Grand Coulee project shall be perfected in the same manner and to the same extent as though such approp... |
90.40.100 | Columbia Basin Project—Water appropriated pursuant to RCW90.40.030—Periodic renewal not required. | Any water withdrawn from appropriation pursuant to RCW 90.40.030 associated with the Columbia Basin Project shall continue as withdrawn from appropriation, without need for periodic renewal, until the project is declared completed or abandoned by the United States acting by and through the secretary of the interior or ... |
90.42.005 | Policy—Findings. | (1) It is the policy of the state of Washington to recognize and preserve water rights in accordance with RCW 90.03.010 . (2) The legislature finds that: (a) The state of Washington is faced with a shortage of water with which to meet existing and future needs, particularly during the summer and fall months and in dry ... |
90.42.010 | Findings—Intent. | The legislature finds that a need exists to develop and test a means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation activities have the potential of affecting... |
90.42.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Local government" means a city, town, public utility district, irrigation district, public port, county, sewer district, or water district. (3) "Net water s... |
90.42.030 | Contracts to finance water conservation projects—Public benefits—Trust water rights. | (1) For purposes of this chapter, the state may enter into contracts to provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance provided, the state shall obtain public benefits defined in guidelines developed under RCW 90.42.050 . (2) If the public benefit... |
90.42.040 | Trust water rights program—Water right certificate—Notice of creation or modification. | (1) A trust water right acquired by the state shall be placed in the state trust water rights program to be managed by the department. The department shall exercise its authorities under the law in a manner that protects trust water rights. Trust water rights acquired by the state shall be held in trust and authorized ... |
90.42.050 | Guidelines governing trust water rights—Submission of guidelines to joint select committee. | The department, in cooperation with federally recognized Indian tribes, local governments, state agencies, and other interested parties, shall establish guidelines by July 1, 1992, governing the acquisition, administration, and management of trust water rights. The guidelines shall address at a minimum the following: (... |
90.42.060 | Chapter43.83BRCW or RCW43.83.340not replaced or amended. | The policies and purposes of this chapter shall not be construed as replacing or amending the policies or the purposes for which funds available under chapter 43.83B RCW or RCW 43.83.340 may be used.
[ 2015 1st sp.s. c 4 s 55 ; 1991 c 347 s 10 .]
Purposes — 1991 c 347: See notes following RCW 90.42.005 . |
90.42.070 | Involuntary impairment of existing water rights not authorized. | Nothing in this chapter authorizes the involuntary impairment of any existing water rights.
[ 1991 c 347 s 11 .]
Purposes — 1991 c 347: See note following RCW 90.42.005 . |
90.42.080 | Trust water rights—Acquisition, donation, exercise, and transfer—Appropriation required for expenditure of funds. | (1)(a) The state may acquire all or portions of existing surface water or groundwater rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights. A water right acquired by the state ... |
90.42.090 | Jurisdictional authorities not altered. | It is the intent of the legislature that jurisdictional authorities that exist in law not be expanded, diminished, or altered in any manner whatsoever by this chapter.
[ 1991 c 347 s 13 .]
Purposes — 1991 c 347: See note following RCW 90.42.005 . |
90.42.100 | Water banking. | (1) The department is hereby authorized to use the trust water rights program for water banking purposes statewide. (2) Water banking may be used for one or more of the following purposes: (a) To authorize the use of trust water rights to mitigate for water resource impacts, future water supply needs, or any beneficial... |
90.42.110 | Water banking—Application to transfer water rights. | (1) The department, with the consent of the water right holder, may identify trust water rights for administration for water banking purposes, including trust water rights established before May 7, 2003. (2) An application to transfer a water right to the trust water [rights] program shall be reviewed under RCW 90.03.3... |
90.42.120 | Water banking—Transfer of water rights—Requirements—Appeals. | (1) The department shall transfer a water right or portion thereof being administered for water banking purposes from the trust water [rights] program to a third party upon occurrence of all of the following: (a) The department receives a request for transfer of a water right or portion thereof currently administered b... |
90.42.130 | Water banking—Input from affected entities. | The department shall seek input from agricultural organizations, federal agencies, tribal governments, local governments, watershed groups, conservation groups, and developers on water banking, including water banking procedures and identification of areas in Washington where water banking could assist in providing wat... |
90.42.135 | Limitations of act—2003 c 144. | Nothing in chapter 144, Laws of 2003 shall: (1) Cause detriment or injury to existing rights or to the operation of the federal Yakima project to provide water for irrigation purposes, existing water supply contracts, or existing water rights; (2) Diminish in any way existing rights or the total water supply available ... |
90.42.138 | Construction—2003 c 144. | Nothing in chapter 144, Laws of 2003 may be construed to: (1) Affect or modify any treaty or other federal rights of an Indian tribe, or the rights of any federal agency or other person or entity arising under state or federal law; (2) Affect or modify the rights or jurisdictions of the United States, the state of Wash... |
90.42.150 | Recovery of department's costs associated with water service contracts with federal agencies. | Costs incurred by the department associated with water service contracts with federal agencies may be recovered by the department from persons withdrawing water or credits for water associated with water banking purposes as a condition of the exercise of a water right supplied from a federal water project.
[ 2009 c 283... |
90.42.160 | Adoption of rules. | The department may adopt rules as necessary to implement this chapter.
[ 2009 c 283 s 8 .]
Findings — Intent — 2009 c 283: See note following RCW 90.42.100 . |
90.42.170 | Water banking—Department must maintain information on its website. | (1)(a) The department must maintain information on its website regarding water banking, including information on water banks and related programs in various areas of the state. (b) The information maintained on the department's website under this subsection must include a schedule or table for each water bank that show... |
90.44.020 | Purpose of chapter. | This chapter regulating and controlling groundwaters of the state of Washington shall be supplemental to chapter 90.03 RCW, which regulates the surface waters of the state, and is enacted for the purpose of extending the application of such surface water statutes to the appropriation and beneficial use of groundwaters ... |
90.44.030 | Chapter not to affect surface water rights. | The rights to appropriate the surface waters of the state and the rights acquired by the appropriation and use of surface waters shall not be affected or impaired by any of the provisions of this supplementary chapter and, to the extent that any underground water is part of or tributary to the source of any surface str... |
90.44.035 | Definitions. | For purposes of this chapter: (1) "Department" means the department of ecology; (2) "Director" means the director of ecology; (3) "Groundwaters" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, w... |
90.44.040 | Public groundwaters subject to appropriation. | Subject to existing rights, all natural groundwaters of the state as defined in RCW 90.44.035 , also all artificial groundwaters that have been abandoned or forfeited, are hereby declared to be public groundwaters and to belong to the public and to be subject to appropriation for beneficial use under the terms of this ... |
90.44.050 | Permit to withdraw. | After June 6, 1945, no withdrawal of public groundwaters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any w... |
90.44.052 | Whitman county clustered residential developments pilot project—Exemption from permit requirements. | (1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources... |
90.44.055 | Applications for water right or amendment—Consideration of water impoundment or other resource management technique. | The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 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 impo... |
90.44.060 | Laws governing withdrawal. | Applications for permits for appropriation of underground water shall be made in the same form and manner provided in RCW 90.03.250 through 90.03.340 , as amended, the provisions of which sections are hereby extended to govern and to apply to groundwater, or groundwater right certificates and to all permits that shall ... |
90.44.062 | Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable. | The permit requirements of RCW 90.44.060 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 7 ; 1997 c 444 s 3 .]
Severabilit... |
90.44.070 | Limitations on granting permit. | No permit shall be granted for the development or withdrawal of public groundwaters beyond the capacity of the underground bed or formation in the given basin, district, or locality to yield such water within a reasonable or feasible pumping lift in case of pumping developments, or within a reasonable or feasible reduc... |
90.44.080 | Certificate—Showing required. | Upon a showing to the department that construction has been completed in compliance with the terms of any permit issued under the provisions of this chapter, it shall be the duty of the department to issue to the permittee a certificate of groundwater right stating that the appropriation has been perfected under such p... |
90.44.090 | Certificate of vested rights. | Any person, firm or corporation claiming a vested right to withdraw public groundwaters of the state by virtue of prior beneficial use of such water shall, within three years after June 6, 1945, be entitled to receive from the department a certificate of groundwater right to that effect: PROVIDED, That the issuance by ... |
90.44.100 | Amendment to permit or certificate—Replacement or new additional wells—Exemption for small irrigation impoundments. | (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may, without losing the holder's priority of right, construct wells or other means of withdrawal at a new locati... |
90.44.105 | Amendment to permit or certificate—Consolidation of rights for exempt wells. | Upon the issuance by the department of an amendment to the appropriate permit or certificate of groundwater right, the holder of a valid right to withdraw public groundwaters may consolidate that right with a groundwater right exempt from the permit requirement under RCW 90.44.050 , without affecting the priority of ei... |
90.44.110 | Waste of water prohibited—Exceptions. | No public groundwaters that have been withdrawn shall be wasted without economical beneficial use. The department shall require all wells producing waters which contaminate other waters to be plugged or capped. The department shall also require all flowing wells to be so capped or equipped with valves that the flow of ... |
90.44.120 | Penalty for waste or unauthorized use of water. | The unauthorized use of groundwater to which another person is entitled, or the wilful or negligent waste of groundwater, or the failure, when required by the department, to cap flowing wells or equip the same with valves, fittings, or casings to prevent waste of groundwaters, or to cap or plug wells producing waters w... |
90.44.130 | Priorities as between appropriators—Department in charge of groundwater withdrawals—Establishment and modification of groundwater areas and depth zones—Declarations by claimant of artificially stored water. | As between appropriators of public groundwater, the prior appropriator shall as against subsequent appropriators from the same groundwater body be entitled to the preferred use of such groundwater to the extent of his or her appropriation and beneficial use, and shall enjoy the right to have any withdrawals by a subseq... |
90.44.180 | Hearing to adjust supply to current needs. | At any time the department may hold a hearing on its own motion, and shall hold a hearing upon petition of at least fifty or one-fourth, whichever is the lesser number, of the holders of valid rights to withdraw public groundwaters from any designated groundwater area, sub-area, or zone, to determine whether the water ... |
90.44.200 | Water supervisors—Duties—Compensation. | The department, as in its judgment is deemed necessary and advisable, may appoint one or more groundwater supervisors for each designated groundwater area, sub-area, or zone, or may appoint one or more groundwater supervisors-at-large. Within their respective jurisdictions and under the direction of the department, suc... |
90.44.220 | Petition to conduct an adjudication to determine rights to water. | Upon the filing of a petition with the department by a planning unit or by one or more persons claiming a 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 file a petitio... |
90.44.230 | Effect of findings and judgment. | In any determination of the right to withdrawal of groundwater under RCW 90.44.220 , the department's findings and the court's findings and judgment shall determine the priority of right and the quantity of water to which each appropriator who is a party to the proceedings shall be entitled, shall determine the level b... |
90.44.250 | Investigations—Reports of appropriators. | The department is hereby authorized to make such investigations as may be necessary to determine the location, extent, depth, volume, and flow of all groundwaters within the state and in making such examination, hereby is authorized and directed to cooperate with the federal government, with any county or municipal cor... |
90.44.400 | Groundwater management areas—Purpose—Standards—Identification—Designation. | (1) This legislation [act] is enacted for the purpose of identifying groundwater management procedures that are consistent with both local needs and state water resource policies and management objectives; including the protection of water quality, assurance of quantity, and efficient management of water resources to m... |
90.44.410 | Requirements for groundwater management programs—Review of programs. | (1) The groundwater area or sub-area management programs shall include: (a) A description of the specific groundwater area or sub-areas, or separate depth zones within any such area or sub-area, and the relationship of this zone or area to the land use management responsibilities of county government; (b) A management ... |
90.44.420 | Groundwater management programs—Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and programs. | The department of ecology shall consider the groundwater area or sub-area management plan for adoption in accordance with this chapter and chapter 90.54 RCW. Upon completion of the groundwater area or sub-area management program, the department of ecology shall hold a public hearing within the designated groundwater ma... |
90.44.430 | Groundwater management programs—Guidance to local governments and certain departments. | The department of ecology, the department of social and health services, and affected local governments shall be guided by the adopted program when reviewing and considering approval of all studies, plans, and facilities that may utilize or impact the implementation of the program.
[ 1985 c 453 s 4 .] |
90.44.440 | Existing rights not affected. | RCW 90.44.400 through 90.44.430 shall not affect any water rights existing as of May 21, 1985.
[ 1985 c 453 s 5 .] |
90.44.445 | Acreage expansion program—Authorization—Certification. | In any acreage expansion program adopted by the department as an element of a groundwater management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the department may authorize participation fo... |
90.44.450 | Metering or measuring groundwater withdrawals—Reports. | The department of ecology may require withdrawals of groundwater to be metered, or measured by other approved methods, as a condition for a new water right permit. The department may also require, as a condition for such permits, reports regarding such withdrawals as to the amount of water being withdrawn. These report... |
90.44.460 | Reservoir permits. | The legislature recognizes the importance of sound water management. In an effort to promote new and innovative methods of water storage, the legislature authorizes the department of ecology to issue reservoir permits that enable an entity to artificially store and recover water in any underground geological formation,... |
90.44.500 | Civil penalties. | See RCW 90.03.600 . |
90.44.510 | Superseding water right permit or certificate—Water delivered from federal Columbia Basin project. | The department shall issue a superseding water right permit or certificate for a groundwater right where the source of water is an aquifer for which the department adopts rules establishing a groundwater management subarea and water from the federal Columbia Basin project is delivered for use by a person who holds such... |
90.44.530 | Applications to appropriate groundwater under a cost-reimbursement agreement. | Applications to appropriate groundwater under a cost-reimbursement agreement must be processed in accordance with RCW 90.03.265 when an applicant requests the assignment of a cost-reimbursement consultant as provided in RCW 43.21A.690 .
[ 2010 c 285 s 11 .]
Intent — 2010 c 285: See note following RCW 90.03.265 . |
90.44.540 | Expedited processing of applications—Notification—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... |
90.44.550 | Odessa groundwater subarea—Nonuse of a water right—Notice to the department—Conditions. | (1) In order to encourage more efficient use of water, where the source of water is an aquifer within the Odessa groundwater subarea as defined in chapter 173-128A WAC: (a) Any period of nonuse of a right to withdraw groundwater from the aquifer is deemed to be involuntary due to a drought or low flow period under RCW ... |
90.46.005 | Findings—Coordination of efforts—Development of facilities encouraged. | The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations. To facilitate the immediate use of recla... |
90.46.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agricultural industrial process water" means water that has been used for the purpose of agricultural processing and has been adequately and reliably treated, so that as a result of that treatment, it is su... |
90.46.015 | Rules—Coordination with department of health—Consultation with advisory committee. | (1) The department of ecology shall, in coordination with the department of health, adopt rules for reclaimed water use consistent with this chapter. The rules must address all aspects of reclaimed water use, including commercial and industrial uses, land applications, direct groundwater recharge, wetland discharge, su... |
90.46.020 | Interim standards for pilot projects for use of reclaimed water. | (1) The department of ecology shall, in coordination with the department of health, develop interim standards for pilot projects under subsection (3) of this section on or before July 1, 1992, for the use of reclaimed water in land applications. (2) The department of health shall, in coordination with the department of... |
90.46.030 | Standards, procedures, and guidelines for industrial and commercial use of reclaimed water—Reclaimed water permits—Fee structure for permits—Formal agreements between the departments of health and ecology. | (1)(a) The department of health shall, in coordination with the department of ecology, adopt a single set of standards, procedures, and guidelines on or before August 1, 1993, for the industrial and commercial use of reclaimed water. (b) Standards adopted under this section are superseded by any rules adopted by the de... |
90.46.040 | Standards, procedures, and guidelines for land applications of reclaimed water. | (1) The department of ecology shall, in coordination with the department of health, adopt a single set of standards, procedures, and guidelines, on or before August 1, 1993, for land applications of reclaimed water. (2) Standards adopted under this section are superseded by any rules adopted by the department of ecolog... |
90.46.042 | Standards, procedures, and guidelines for direct recharge. | (1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before December 31, 1996, for direct recharge using reclaimed water. The standards shall address both water quality considerations and avoidance of property damage from ... |
90.46.044 | Standards, procedures, and guidelines for discharge to wetlands. | (1) The department of ecology shall, in consultation with the department of health, adopt a single set of standards, procedures, and guidelines, on or before June 30, 1996, for discharge of reclaimed water to wetlands. (2) Standards adopted under this section are superseded by any rules adopted by the department of eco... |
90.46.050 | Advisory committee—Development of standards, procedures, and guidelines. | The department of ecology shall, before July 1, 2006, form an advisory committee, in coordination with the department of health and the department of agriculture, which will provide technical assistance in the development of standards, procedures, and guidelines required by this chapter. The advisory committee shall be... |
90.46.070 | Exemption from standards, procedures, and guidelines. | Any person lawfully using reclaimed water before April 2, 1992, may continue to do so and is not required to comply with the standards, procedures, and guidelines under chapter 90.46 RCW before July 1, 1995.
[ 1992 c 204 s 8 .] |
90.46.072 | Conflict resolution—Reclaimed water projects and chapter 372-32 WAC. | On or before December 31, 1995, the department of ecology and department of health shall, in consultation with local interested parties, jointly review and, if required, propose amendments to chapter 372-32 WAC to resolve conflicts between the development of reclaimed water projects in the Puget Sound region and chapte... |
90.46.080 | Use of reclaimed water for surface percolation—Establishment of discharge limit for contaminants. | (1) Except as otherwise provided in this section, reclaimed water may be beneficially used for surface percolation provided the reclaimed water meets the state drinking water contaminant criteria as measured in groundwater beneath or down gradient of the recharge project site, and has been incorporated into a sewer or ... |
90.46.090 | Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—Standards for discharge. | (1) Reclaimed water may be beneficially used for discharge into constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensi... |
90.46.100 | Discharge of reclaimed water for streamflow augmentation. | (1) Reclaimed water intended for beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of the federal water pollution control act, chapter 90.48 RCW, and is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local ... |
90.46.110 | Reclaimed water demonstration program—Demonstration projects. | (1) The department of ecology shall establish and administer a reclaimed water demonstration program for the purposes of funding and monitoring the progress of five demonstration projects. The department shall work in cooperation with the department of health. (2) The five demonstration projects will be: (a) The city o... |
90.46.120 | Use of water from wastewater treatment facility—Consideration in regional water supply plan or potable water supply plans—Consideration in reviewing provisions for water supplies for short plat, short subdivision, or subdivision—Report to the legislature. | (1) The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use, distribution, storage, and the recovery from storage of reclaimed water permitted under this chapter is ex... |
90.46.130 | Impairment of water rights downstream from freshwater discharge points. | (1) Except as provided in subsection (2) of this section, facilities that reclaim water under this chapter shall not impair any existing water right downstream from any freshwater discharge points of such facilities unless compensation or mitigation for such impairment is agreed to by the holder of the affected water r... |
90.46.140 | Greywater reuse—Standards, procedures, and guidelines—Rules. | (1) The department of health shall develop standards, procedures, and guidelines for the reuse of greywater, consistent with RCW 43.20.230 (2), by January 1, 1998. (2) Standards, procedures, and guidelines developed by the department of health for reuse of greywater shall encourage the application of this technology fo... |
90.46.150 | Agricultural industrial process water—Permit—Use—Referral to department of health. | The permit to apply agricultural industrial process water to agricultural water use shall be the permit issued under chapter 90.48 RCW to the owner of the agricultural processing plant who may then distribute the water through methods including, but not limited to, irrigation systems, subject to provisions in the permi... |
90.46.160 | Industrial reuse water—Permit. | (1) The permit to use industrial reuse water shall be the permit issued under chapter 90.48 RCW to the owner of the plant that is the source of the industrial process water, who may then distribute the water according to provisions in the permit governing the location, rate, water quality, and purpose. In cases where t... |
90.46.200 | Authority of the departments of ecology and health—Lead agency—Duties. | (1) The department of ecology and the department of health shall have authority to carry out all the provisions of this chapter including, but not limited to, permitting and enforcement. Only the department of ecology or the department of health may act as a lead agency for purposes of this chapter and will be establis... |
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