Water Rights—Registration—Waiver and Relinquishment, Etc. (Revised Code of Washington (RCW): Title 90 Water Rights—Environment; Chapter 90.14)

Chapter Chapter 90.1490.14 RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions WATER RIGHTSWATER RIGHTS——REGISTRATIONREGISTRATION——WAIVER AND RELINQUISHMENT, ETC.WAIVER AND RELINQUISHMENT, ETC. SectionsSections 90.14.01090.14.010 Purpose.Purpose. 90.14.02090.14.020 Legislative declaration.Legislative declaration. 90.14.03190.14.031 Definitions.Definitions. 90.14.04190.14.041 Claim of right to withdraw, divert or use ground or surface watersClaim of right to withdraw, divert or use ground or surface waters——Filing statement ofFiling statement of claim requiredclaim required——Exemptions.Exemptions. 90.14.04390.14.043 Claim of right to withdraw, divert or use ground or surface watersClaim of right to withdraw, divert or use ground or surface waters——Claim uponClaim upon certification by boardcertification by board——ProcedureProcedure——Cut­off date for accepting petitions.Cut­off date for accepting petitions. 90.14.04490.14.044 Existing water rights not impaired.Existing water rights not impaired. 90.14.05190.14.051 Statement of claimStatement of claim——ContentsContents——Short form.Short form. 90.14.06190.14.061 Statement of claimStatement of claim——Filing procedureFiling procedure——Processing of claimProcessing of claim——Fee.Fee. 90.14.06590.14.065 Statement of claimStatement of claim——AmendmentAmendment——Surface water right claim change or transferSurface water right claim change or transfer—— Review of department of ecology's determination.Review of department of ecology's determination. 90.14.06890.14.068 Statement of claimStatement of claim——New filing period.New filing period. 90.14.07190.14.071 Failure to file claim waives and relinquishes right.Failure to file claim waives and relinquishes right. 90.14.08190.14.081 Filing of claim not deemed adjudication of rightFiling of claim not deemed adjudication of right——Prima facie evidence.Prima facie evidence. 90.14.09190.14.091 DefinitionsDefinitions——Water rights noticeWater rights notice——Form.Form. 90.14.10190.14.101 Notice of chapter provisionsNotice of chapter provisions——How givenHow given——Requirements.Requirements. 90.14.11190.14.111 Water rights claims registry.Water rights claims registry. 90.14.12190.14.121 Penalty for overstating claim.Penalty for overstating claim. 90.14.13090.14.130 Reversion of rights to state due to nonuseReversion of rights to state due to nonuse——Notice by orderNotice by order——RelinquishmentRelinquishment determinationsdeterminations——Appeal.Appeal. 90.14.14090.14.140 "Sufficient cause" for nonuse defined"Sufficient cause" for nonuse defined——Rights exempted.Rights exempted. 90.14.15090.14.150 Rights arising from permit to withdraw public waters not affectedRights arising from permit to withdraw public waters not affected——Extensions.Extensions. 90.14.16090.14.160 Relinquishment of right for abandonment or failure to beneficially use without sufficientRelinquishment of right for abandonment or failure to beneficially use without sufficient causecause——Prior rights acquired through appropriation, custom or generalPrior rights acquired through appropriation, custom or general adjudication.adjudication. 90.14.17090.14.170 Relinquishment of right for abandonment or failure to beneficially use without sufficientRelinquishment of right for abandonment or failure to beneficially use without sufficient causecause——Rights acquired due to ownership of land abutting stream, lake, orRights acquired due to ownership of land abutting stream, lake, or watercourse.watercourse. 90.14.18090.14.180 Relinquishment of right for abandonment or failure to beneficially use without sufficientRelinquishment of right for abandonment or failure to beneficially use without sufficient causecause——Future rights acquired through appropriation.Future rights acquired through appropriation. 90.14.19090.14.190 Water resources decisionsWater resources decisions——AppealsAppeals——Attorneys' fees.Attorneys' fees. 90.14.20090.14.200 Implementation and enforcement of chapterImplementation and enforcement of chapter——Proceedings under RCW Proceedings under RCW 90.14.13090.14.130 deemed adjudicativedeemed adjudicative——Application of RCW sections to specific proceedings.Application of RCW sections to specific proceedings. 90.14.21090.14.210 Chapter applies to all rights to withdraw groundwaters.Chapter applies to all rights to withdraw groundwaters. 90.14.21590.14.215 Chapter not applicable to trust water rights under chapter Chapter not applicable to trust water rights under chapter 90.3890.38 or or 90.4290.42 RCW. RCW. 90.14.22090.14.220 No rights to be acquired by prescription or adverse use.No rights to be acquired by prescription or adverse use. http://app.leg.wa.gov/RCW/default.aspx?cite=90.14 https://app.leg.wa.gov/RCW/default.aspx?cite=90.14 https://app.leg.wa.gov/RCW/dispo.aspx?cite=90.14 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38 http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 90.14.23090.14.230 Rules and regulations.Rules and regulations. 90.14.24090.14.240 Water rights tracking system account.Water rights tracking system account. 90.14.90090.14.900 Effective dateEffective date——1967 c 233.1967 c 233. 90.14.91090.14.910 SeverabilitySeverability——1967 c 233.1967 c 233. 90.14.01090.14.010 Purpose.Purpose. The future growth and development of the state is dependent upon effective management andThe 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 recordsefficient 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 rightsfor efficient administration of the state's waters, and to cause a return to the state of any water rights which are no longer exercised by putting said waters to beneficial use.which are no longer exercised by putting said waters to beneficial use. [ [ 1967 c 233 § 1.1967 c 233 § 1.]] 90.14.02090.14.020 Legislative declaration.Legislative declaration. The legislature finds that:The legislature finds that: (1) Extensive uncertainty exists regarding the volume of private claims to water in the state;(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(2) Such uncertainty seriously retards the efficient utilization and administration of the state's water resources, and impedes the fullest beneficial use thereof;water resources, and impedes the fullest beneficial use thereof; (3) A strong beneficial use requirement as a condition precedent to the continued ownership of a(3) A strong beneficial use requirement as a condition precedent to the continued ownership of a right to withdraw or divert water is essential to the orderly development of the state;right to withdraw or divert water is essential to the orderly development of the state; (4) Enforcement of the state's beneficial use policy is required by the state's rapid growth;(4) Enforcement of the state's beneficial use policy is required by the state's rapid growth; (5) All rights to divert or withdraw water, except riparian rights which do not diminish the quantity(5) All rights to divert or withdraw water, except riparian rights which do not diminish the quantity of water remaining in the source such as boating, swimming, and other recreational and aesthetic usesof water remaining in the source such as boating, swimming, and other recreational and aesthetic uses must be subjected to the beneficial use requirement;must be subjected to the beneficial use requirement; (6) The availability for appropriation of additional water as a result of the requirements of this(6) The availability for appropriation of additional water as a result of the requirements of this chapter will accelerate growth, development, and diversification of the economy of the state;chapter will accelerate growth, development, and diversification of the economy of the state; (7) Water rights will gain sufficient certainty of ownership as a result of this chapter to become(7) Water rights will gain sufficient certainty of ownership as a result of this chapter to become more freely transferable, thereby increasing the economic value of the uses to which they are put, andmore freely transferable, thereby increasing the economic value of the uses to which they are put, and augmenting the alienability of titles to land.augmenting the alienability of titles to land. [ [ 1967 c 233 § 2.1967 c 233 § 2.]] 90.14.03190.14.031 Definitions.Definitions. Unless a different meaning is plainly required by the context, the following words and phrases asUnless a different meaning is plainly required by the context, the following words and phrases as used in RCW used in RCW 90.14.03190.14.031 through through 90.14.12190.14.121 shall have the following meanings: shall have the following meanings: (1) "Person" shall mean an individual, partnership, association, public or private corporation, city(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agency, and the United States of America when claiming wateror other municipality, county, or a state agency, and the United States of America when claiming water rights established under the laws of the state of Washington.rights established under the laws of the state of Washington. (2) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish,(2) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power,shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power, http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%201. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%202. and navigation.and navigation. [ [ 1969 ex.s. c 284 § 12.1969 ex.s. c 284 § 12.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.04190.14.041 Claim of right to withdraw, divert or use ground or surface waters—FilingClaim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions.statement of claim required—Exemptions. All persons using or claiming the right to withdraw or divert and make beneficial use of publicAll 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 surface or ground waters of the state, except as provided in this section, RCW 90.14.04390.14.043, and , and 90.14.06890.14.068,, shall file with the department of ecology not later than June 30, 1974, a statement of claim for each watershall file with the department of ecology not later than June 30, 1974, a statement of claim for each water right asserted on a form provided by the department. Neither this section nor RCW right asserted on a form provided by the department. Neither this section nor RCW 90.14.06890.14.068 apply to apply to any water rights which are based on the authority of a permit or certificate issued by the department ofany water rights which are based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors. Further, RCW ecology or one of its predecessors. Further, RCW 90.14.06890.14.068 does not apply to the beneficial uses of does not apply to the beneficial uses of water which are the subject of statements of claim in the water rights claims registry prior to Septemberwater which are the subject of statements of claim in the water rights claims registry prior to September 1, 1997, or which are exempted from permit and application requirements by RCW 1, 1997, or which are exempted from permit and application requirements by RCW 90.44.05090.44.050 and neither and neither this section nor RCW this section nor RCW 90.14.06890.14.068 requires that statements of claims for such uses be filed during the filing requires that statements of claims for such uses be filed during the filing period established by RCW period established by RCW 90.14.06890.14.068.. [ [ 1997 c 440 § 2;1997 c 440 § 2; 1988 c 127 § 73;1988 c 127 § 73; 1969 ex.s. c 284 § 13.1969 ex.s. c 284 § 13.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.04390.14.043 Claim of right to withdraw, divert or use ground or surface waters—Claim uponClaim of right to withdraw, divert or use ground or surface waters—Claim upon certification by board—Procedure—Cut­off date for accepting petitions.certification by board—Procedure—Cut­off date for accepting petitions. (1) Notwithstanding any time restrictions imposed by the provisions of chapter (1) Notwithstanding any time restrictions imposed by the provisions of chapter 90.1490.14 RCW, a RCW, a person may file a claim pursuant to RCW person may file a claim pursuant to RCW 90.14.04190.14.041 if such person obtains a certification from the if such person obtains a certification from the pollution control hearings board as provided in this section.pollution control hearings board as provided in this section. (2) A certification shall be issued by the pollution control hearings board if, upon petition to the(2) A certification shall be issued by the pollution control hearings board if, upon petition to the board, it is shown to the satisfaction of the board that:board, it is shown to the satisfaction of the board that: (a) Waters of the state have been applied to beneficial use continuously (with no period of nonuse(a) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) in the case of surface water beginning not later than June 7, 1917,exceeding five consecutive years) in the case of surface water beginning not later than June 7, 1917, and in the case of groundwater beginning not later than June 7, 1945, orand in the case of groundwater beginning not later than June 7, 1945, or (b) Waters of the state have been applied to beneficial use continuously (with no period of nonuse(b) Waters of the state have been applied to beneficial use continuously (with no period of nonuse exceeding five consecutive years) from the date of entry of a court decree confirming a water right andexceeding five consecutive years) from the date of entry of a court decree confirming a water right and http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2012. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/1118-S.SL.pdf?cite=1997%20c%20440%20%C2%A7%202; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c127.pdf?cite=1988%20c%20127%20%C2%A7%2073; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2013. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://app.leg.wa.gov/RCW/default.aspx?cite=90.14 any failure to register a claim resulted from a reasonable misinterpretation of the requirements as theyany failure to register a claim resulted from a reasonable misinterpretation of the requirements as they related to such court decreed rights.related to such court decreed rights. (3) The board shall have jurisdiction to accept petitions for certification from any person through(3) The board shall have jurisdiction to accept petitions for certification from any person through September 1, 1985, and not thereafter.September 1, 1985, and not thereafter. (4) A petition for certification shall include complete information on the claim pursuant to RCW(4) A petition for certification shall include complete information on the claim pursuant to RCW 90.14.05190.14.051 (1) through (8), and any such information as the board may require. (1) through (8), and any such information as the board may require. (5) The department of ecology is directed to accept for filing any claim certified by the board as(5) The department of ecology is directed to accept for filing any claim certified by the board as provided in subsection (2) of this section. The department of ecology, upon request of the board, mayprovided in subsection (2) of this section. The department of ecology, upon request of the board, may provide assistance to the board pertinent to any certification petition.provide assistance to the board pertinent to any certification petition. (6) A certification by the pollution control hearings board or a filing with the department of ecology(6) A certification by the pollution control hearings board or a filing with the department of ecology of a claim under this section shall not constitute a determination or confirmation that a water right exists.of a claim under this section shall not constitute a determination or confirmation that a water right exists. (7) The provisions of RCW (7) The provisions of RCW 90.14.07190.14.071 shall have no applicability to certified claims filed pursuant shall have no applicability to certified claims filed pursuant to this section.to this section. (8) This section shall have no applicability to groundwaters resulting from the operations of(8) This section shall have no applicability to groundwaters resulting from the operations of reclamation projects.reclamation projects. [ [ 1985 c 435 § 1;1985 c 435 § 1; 1979 ex.s. c 216 § 4.1979 ex.s. c 216 § 4.]] NOTES:NOTES: Effective dateEffective date——SeverabilitySeverability——1979 ex.s. c 216:1979 ex.s. c 216: See notes following RCW See notes following RCW 90.03.24590.03.245.. 90.14.04490.14.044 Existing water rights not impaired.Existing water rights not impaired. The provisions of chapter 435, Laws of 1985 authorizing the acceptance of a petition forThe 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,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, shall not affect or impair in any respect whatsoever any water right existing prior to July 28, 1985. [ [ 1985 c 435 § 2.1985 c 435 § 2.]] 90.14.05190.14.051 Statement of claim—Contents—Short form.Statement of claim—Contents—Short form. The statement of claim for each right shall include substantially the following:The statement of claim for each right shall include substantially the following: (1) The name and mailing address of the claimant.(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(2) The name of the watercourse or water source from which the right to divert or make use of water is claimed, if available.water is claimed, if available. (3) The quantities of water and times of use claimed.(3) The quantities of water and times of use claimed. (4) The legal description, with reasonable certainty, of the point or points of diversion and places(4) The legal description, with reasonable certainty, of the point or points of diversion and places of use of waters.of use of waters. (5) The purpose of use, including, if for irrigation, the number of acres irrigated.(5) The purpose of use, including, if for irrigation, the number of acres irrigated. (6) The approximate dates of first putting water to beneficial use for the various amounts and(6) The approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (3).times claimed in subsection (3). (7) The legal doctrine or doctrines upon which the right claimed is based, including if statutory, the(7) The legal doctrine or doctrines upon which the right claimed is based, including if statutory, the specific statute.specific statute. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c435.pdf?cite=1985%20c%20435%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1979ex1c216.pdf?cite=1979%20ex.s.%20c%20216%20%C2%A7%204. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.245 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c435.pdf?cite=1985%20c%20435%20%C2%A7%202. (8) The sworn statement that the claim set forth is true and correct to the best of claimant's(8) The sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.knowledge and belief. Except, however, that any claim for diversion or withdrawal of surface or ground water for thoseExcept, however, that any claim for diversion or withdrawal of surface or ground water for those uses described in the exemption from the permit requirements of RCW uses described in the exemption from the permit requirements of RCW 90.44.05090.44.050 may be filed on a short may be filed on a short form to be provided by the department. Such short form shall only require inclusion of sufficient data toform to be provided by the department. Such short form shall only require inclusion of sufficient data to identify the claimant, source of water, purpose of use and legal description of the land upon which theidentify the claimant, source of water, purpose of use and legal description of the land upon which the water is used: PROVIDED, That the provisions of RCW water is used: PROVIDED, That the provisions of RCW 90.14.08190.14.081 pertaining to evidentiary value of filed pertaining to evidentiary value of filed claims shall not apply to claims submitted in short form: AND PROVIDED FURTHER, That claimants forclaims shall not apply to claims submitted in short form: AND PROVIDED FURTHER, That claimants for such minimal uses may, at their option, file statements of claim on the standard form used by all othersuch minimal uses may, at their option, file statements of claim on the standard form used by all other claimants.claimants. [ [ 1973 1st ex.s. c 113 § 1;1973 1st ex.s. c 113 § 1; 1969 ex.s. c 284 § 14.1969 ex.s. c 284 § 14.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.06190.14.061 Statement of claim—Filing procedure—Processing of claim—Fee.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 departmentFiling 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 herof 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 aauthorized agent, and two copies thereof. Any person required to file hereunder may file through a designated representative. A company, district, public or municipal corporation, or the United Statesdesignated representative. A company, district, public or municipal corporation, or the United States when furnishing to persons water pertaining to water rights required to be filed under RCW when furnishing to persons water pertaining to water rights required to be filed under RCW 90.14.04190.14.041,, shall have the right to file one claim on behalf of said persons on a form prepared by the department forshall have the right to file one claim on behalf of said persons on a form prepared by the department for the total benefits of each person served; provided that a separate claim shall be filed by such company,the total benefits of each person served; provided that a separate claim shall be filed by such company, district, public or private corporation, or the United States for each operating unit of the filing entitydistrict, public or private corporation, or the United States for each operating unit of the filing entity providing such water and for each water source. Within thirty days after receipt of a statement of claimproviding such water and for each water source. Within thirty days after receipt of a statement of claim the department shall acknowledge the same by a notation on one copy indicating receipt thereof and thethe department shall acknowledge the same by a notation on one copy indicating receipt thereof and the date of receipt, together with the wording of the first sentence of RCW date of receipt, together with the wording of the first sentence of RCW 90.14.08190.14.081, and shall return said, and shall return said copy by certified or registered mail to the claimant at the address set forth in the statement of claim. Nocopy by certified or registered mail to the claimant at the address set forth in the statement of claim. No statement of claim shall be accepted for filing by the department of ecology unless accompanied by astatement of claim shall be accepted for filing by the department of ecology unless accompanied by a two dollar filing fee.two dollar filing fee. [ [ 2013 c 23 § 605;2013 c 23 § 605; 1988 c 127 § 74;1988 c 127 § 74; 1969 ex.s. c 284 § 15.1969 ex.s. c 284 § 15.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.06590.14.065 Statement of claim—Amendment—Surface water right claim change or transfer—Statement of claim—Amendment—Surface water right claim change or transfer— Review of department of ecology's determination.Review of department of ecology's determination. http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1973ex1c113.pdf?cite=1973%201st%20ex.s.%20c%20113%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2014. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20605; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c127.pdf?cite=1988%20c%20127%20%C2%A7%2074; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2015. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 (1)(a) Any person or entity, or successor to such person or entity, having a statement of claim on(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 amendmentfile 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:to such a statement of claim if the submitted amendment is based on: (i) An error in estimation of the quantity of the applicant's water claim prescribed in RCW(i) An error in estimation of the quantity of the applicant's water claim prescribed in RCW 90.14.05190.14.051 if the applicant provides reasons for the failure to claim such right in the original claim; if the applicant provides reasons for the failure to claim such right in the original claim; (ii) A change in circumstances not foreseeable at the time the original claim was filed, if such(ii) A change in circumstances not foreseeable at the time the original claim was filed, if such change in circumstances relates only to the manner of transportation or diversion of the water and not tochange in circumstances relates only to the manner of transportation or diversion of the water and not to the use or quantity of such water; orthe use or quantity of such water; or (iii) The amendment is ministerial in nature.(iii) The amendment is ministerial in nature. (b) The department shall accept any such submission and file the same in the registry unless the(b) The department shall accept any such submission and file the same in the registry unless the department by written determination concludes that the requirements of (a)(i), (ii), or (iii) of thisdepartment by written determination concludes that the requirements of (a)(i), (ii), or (iii) of this subsection have not been satisfied.subsection have not been satisfied. (2) In addition to subsection (1) of this section, a surface water right claim may be changed or(2) In addition to subsection (1) of this section, a surface water right claim may be changed or transferred in the same manner as a permit or certificate under RCW transferred in the same manner as a permit or certificate under RCW 90.03.38090.03.380, and a water right claim, and a water right claim for groundwater may be changed or transferred as provided under RCW for groundwater may be changed or transferred as provided under RCW 90.03.38090.03.380 and and 90.44.10090.44.100.. (3) Any person aggrieved by a determination of the department may obtain a review thereof by(3) Any person aggrieved by a determination of the department may obtain a review thereof by filing a petition for review with the pollution control hearings board within thirty days of the date of thefiling a petition for review with the pollution control hearings board within thirty days of the date of the determination by the department. The provisions of RCW determination by the department. The provisions of RCW 90.14.08190.14.081 shall apply to any amendment filed shall apply to any amendment filed or approved under this section.or approved under this section. [ [ 2010 c 285 § 8;2010 c 285 § 8; 1987 c 93 § 1.1987 c 93 § 1.]] NOTES:NOTES: IntentIntent——2010 c 285:2010 c 285: See note following RCW See note following RCW 90.03.26590.03.265.. 90.14.06890.14.068 Statement of claim—New filing period.Statement of claim—New filing period. (1) A new period for filing statements of claim for water rights is established. The filing period shall(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 underbegin 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 wasstate law a right to withdraw or divert and beneficially use surface water under a right that was established before *the effective date of [the] water code established by chapter 117, Laws of 1917, andestablished before *the effective date of [the] water code established by chapter 117, Laws of 1917, and any person claiming under state law a right to withdraw and beneficially use groundwater under a rightany person claiming under state law a right to withdraw and beneficially use groundwater under a right that was established before **the effective date of the groundwater code established by chapter 263,that was established before **the effective date of the groundwater code established by chapter 263, Laws of 1945, shall register the claim with the department during the filing period unless the claim hasLaws of 1945, shall register the claim with the department during the filing period unless the claim has been filed in the state water rights claims registry before July 27, 1997. A person who claims such a rightbeen filed in the state water rights claims registry before July 27, 1997. A person who claims such a right and fails to register the claim as required is conclusively deemed to have waived and relinquished anyand fails to register the claim as required is conclusively deemed to have waived and relinquished any right, title, or interest in the right. A statement filed during this filing period shall be filed as provided inright, title, or interest in the right. A statement filed during this filing period shall be filed as provided in RCW RCW 90.14.05190.14.051 and and 90.14.06190.14.061 and shall be subject to the provisions of this chapter regarding and shall be subject to the provisions of this chapter regarding statements of claim. This reopening of the period for filing statements of claim shall not affect or impair instatements of claim. This reopening of the period for filing statements of claim shall not affect or impair in any respect whatsoever any water right existing prior to July 27, 1997. A water right embodied in aany respect whatsoever any water right existing prior to July 27, 1997. A water right embodied in a statement of claim filed under this section is subordinate to any water right embodied in a permit orstatement of claim filed under this section is subordinate to any water right embodied in a permit or certificate issued under chapter certificate issued under chapter 90.0390.03 or or 90.4490.44 RCW prior to the date the statement of claim is filed with RCW prior to the date the statement of claim is filed with the department and is subordinate to any water right embodied in a statement of claim filed in the waterthe department and is subordinate to any water right embodied in a statement of claim filed in the water rights claims registry before July 27, 1997.rights claims registry before July 27, 1997. (2) The department of ecology shall, at least once each week during the month of August 1997(2) The department of ecology shall, at least once each week during the month of August 1997 and at least once each month during the filing period, publish a notice regarding this new filing period inand at least once each month during the filing period, publish a notice regarding this new filing period in http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.100 http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/Senate/6267-S2.SL.pdf?cite=2010%20c%20285%20%C2%A7%208; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c93.pdf?cite=1987%20c%2093%20%C2%A7%201. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.265 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44 newspapers of general circulation in the various regions of the state. The notice shall contain thenewspapers of general circulation in the various regions of the state. The notice shall contain the substance of the following notice:substance of the following notice: WATER RIGHTS NOTICEWATER RIGHTS NOTICE Each person or entity claiming a right to withdraw or divert and beneficially use surfaceEach person or entity claiming a right to withdraw or divert and beneficially use surface water under a right that was established before June 7, 1917, or claiming a right towater under a right that was established before June 7, 1917, or claiming a right to withdraw and beneficially use groundwater under a right that was established before Junewithdraw and beneficially use groundwater under a right that was established before June 7, 1945, under the laws of the state of Washington must register the claim with the7, 1945, under the laws of the state of Washington must register the claim with the department of ecology, Olympia, Washington. The claim must be registered on or afterdepartment of ecology, Olympia, Washington. The claim must be registered on or after September 1, 1997, and not later than five o'clock on June 30, 1998.September 1, 1997, and not later than five o'clock on June 30, 1998. FAILURE TO REGISTER THE CLAIMFAILURE TO REGISTER THE CLAIM WILL RESULT IN A WAIVER ANDWILL RESULT IN A WAIVER AND RELINQUISHMENT OF THE WATERRELINQUISHMENT OF THE WATER RIGHT OR CLAIMED WATER RIGHTRIGHT OR CLAIMED WATER RIGHT Registering a claim is NOT required for:Registering a claim is NOT required for: 1. A water right that is based on the authority of a permit or certificate issued by the1. A water right that is based on the authority of a permit or certificate issued by the department of ecology or one of its predecessors;department of ecology or one of its predecessors; 2. A water right that is based on the exemption from permitting requirements provided by2. A water right that is based on the exemption from permitting requirements provided by RCW RCW 90.44.05090.44.050 for certain very limited uses of groundwater; or for certain very limited uses of groundwater; or 3. A water right that is based on a statement of claim that has previously been filed in the3. A water right that is based on a statement of claim that has previously been filed in the state's water rights claims registry during other registration periods.state's water rights claims registry during other registration periods. For further information, for a copy of the law establishing this filing period, and for anFor further information, for a copy of the law establishing this filing period, and for an explanation of the law and its requirements, contact the department of ecology, Olympia,explanation of the law and its requirements, contact the department of ecology, Olympia, Washington.Washington. The department shall also prepare, make available to the public, and distribute to theThe department shall also prepare, make available to the public, and distribute to the communications media information describing the types of rights for which statements of claim need notcommunications media information describing the types of rights for which statements of claim need not be filed, the effect of filing, the effect of RCW be filed, the effect of filing, the effect of RCW 90.14.07190.14.071, and other information relevant to filings and, and other information relevant to filings and statements of claim.statements of claim. (3) The department of ecology shall ensure that employees of the department are readily(3) The department of ecology shall ensure that employees of the department are readily available to respond to inquiries regarding filing statements of claim and that all of the information theavailable to respond to inquiries regarding filing statements of claim and that all of the information the department has at its disposal that is relevant to an inquiry regarding a particular potential claim,department has at its disposal that is relevant to an inquiry regarding a particular potential claim, including information regarding other rights and claims in the vicinity of the potentially claimed right, isincluding information regarding other rights and claims in the vicinity of the potentially claimed right, is available to the person making the inquiry. The department shall dedicate additional staff in each of theavailable to the person making the inquiry. The department shall dedicate additional staff in each of the department's regional offices and in the department's central office to ensure that responses anddepartment's regional offices and in the department's central office to ensure that responses and information are provided in a timely manner during each of the business days during the month of Augustinformation are provided in a timely manner during each of the business days during the month of August 1997 and during the new filing period.1997 and during the new filing period. (4) To assist the department in avoiding unnecessary duplication, the department shall provide to(4) To assist the department in avoiding unnecessary duplication, the department shall provide to a requestor, within ten working days of receiving the request, the records of any water right claimed,a requestor, within ten working days of receiving the request, the records of any water right claimed, listed, recorded, or otherwise existing in the records of the department or its predecessor agencies,listed, recorded, or otherwise existing in the records of the department or its predecessor agencies, including any report of a referee in a water rights adjudication. This information shall be provided asincluding any report of a referee in a water rights adjudication. This information shall be provided as required by this subsection if the request is provided in writing from the owner of the water right or fromrequired by this subsection if the request is provided in writing from the owner of the water right or from the holder of a possessory interest in any real property for water right records associated with thethe holder of a possessory interest in any real property for water right records associated with the property or if the requestor is an attorney for such an owner. The information regarding water rights in theproperty or if the requestor is an attorney for such an owner. The information regarding water rights in the area served by a regional office of the department shall also be provided within ten working days to anyarea served by a regional office of the department shall also be provided within ten working days to any requestor who requests to review the information in person in the department's regional office. Therequestor who requests to review the information in person in the department's regional office. The information held by the headquarters office of the department shall also be provided within ten workinginformation held by the headquarters office of the department shall also be provided within ten working days to any requestor who requests to review the information in person in the department's headquartersdays to any requestor who requests to review the information in person in the department's headquarters office. The requirements of this subsection that records and information be provided to requestors withinoffice. The requirements of this subsection that records and information be provided to requestors within ten working days may not be construed as limiting in any manner the obligations of the department toten working days may not be construed as limiting in any manner the obligations of the department to provide public access to public records as required by chapter provide public access to public records as required by chapter 42.5642.56 RCW. RCW. http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.050 http://app.leg.wa.gov/RCW/default.aspx?cite=42.56 (5) This section does not apply to claims for the use of groundwater withdrawn in an area that is,(5) This section does not apply to claims for the use of groundwater withdrawn in an area that is, during the period established by subsection (2) of this section, the subject of a general adjudicationduring the period established by subsection (2) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW proceeding for water rights in superior court under RCW 90.03.11090.03.110 through through 90.03.24590.03.245 and the and the proceeding applies to groundwater rights. This section does not apply to claims for the use of surfaceproceeding applies to groundwater rights. This section does not apply to claims for the use of surface water withdrawn in an area that is, during the period established by subsection (2) of this section, thewater withdrawn in an area that is, during the period established by subsection (2) of this section, the subject of a general adjudication proceeding for water rights in superior court under RCW subject of a general adjudication proceeding for water rights in superior court under RCW 90.03.11090.03.110 through through 90.03.24590.03.245 and the proceeding applies to surface water rights. and the proceeding applies to surface water rights. (6) This section does not apply to claims for the use of water in a groundwater area or subarea for(6) This section does not apply to claims for the use of water in a groundwater area or subarea for which a management program adopted by the department by rule and in effect on July 27, 1997,which a management program adopted by the department by rule and in effect on July 27, 1997, establishes acreage expansion limitations for the use of groundwater.establishes acreage expansion limitations for the use of groundwater. [ [ 2005 c 274 § 365;2005 c 274 § 365; 1997 c 440 § 1.1997 c 440 § 1.]] NOTES:NOTES: Reviser's note:Reviser's note: *(1) The effective date of chapter 117, Laws of 1917, is June 7, 1917.*(1) The effective date of chapter 117, Laws of 1917, is June 7, 1917. **(2) The effective date of chapter 263, Laws of 1945, is June 7, 1945.**(2) The effective date of chapter 263, Laws of 1945, is June 7, 1945. 90.14.07190.14.071 Failure to file claim waives and relinquishes right.Failure to file claim waives and relinquishes right. Except as provided in *section 5 of this act or as exempted from filing by RCW Except as provided in *section 5 of this act or as exempted from filing by RCW 90.14.04190.14.041, any, any person claiming the right to divert or withdraw waters of the state as set forth in RCW person claiming the right to divert or withdraw waters of the state as set forth in RCW 90.14.04190.14.041, who, who fails to file a statement of claim as provided in RCW fails to file a statement of claim as provided in RCW 90.14.04190.14.041, , 90.14.04390.14.043, or , or 90.14.06890.14.068 and in RCW and in RCW 90.14.05190.14.051 and and 90.14.06190.14.061, shall be conclusively deemed to have waived and relinquished any right, title,, shall be conclusively deemed to have waived and relinquished any right, title, or interest in said right.or interest in said right. [ [ 1997 c 440 § 3;1997 c 440 § 3; 1969 ex.s. c 284 § 16.1969 ex.s. c 284 § 16.]] NOTES:NOTES: *Reviser's note:*Reviser's note: Section 5 of this act was vetoed by the governor. Section 5 of this act was vetoed by the governor. SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.08190.14.081 Filing of claim not deemed adjudication of right—Prima facie evidence.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 toThe 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 useuse 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 claimants and another or others. A statement of claim filed pursuant to RCW 90.14.06190.14.061 shall be shall be admissible in a general adjudication of water rights as prima facie evidence of the times of use and theadmissible in a general adjudication of water rights as prima facie evidence of the times of use and the quantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, thequantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accordquantities of water in use and the time of use when a controversy is mooted are substantially in accord http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.110 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.245 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.110 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.245 http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/1133-S.SL.pdf?cite=2005%20c%20274%20%C2%A7%20365; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/1118-S.SL.pdf?cite=1997%20c%20440%20%C2%A7%201. http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/1118-S.SL.pdf?cite=1997%20c%20440%20%C2%A7%203; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2016. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 with the times of use and quantity of water claimed in the statement of claim. A statement of claim shallwith the times of use and quantity of water claimed in the statement of claim. A statement of claim shall not otherwise be evidence of the priority of the claimed water right.not otherwise be evidence of the priority of the claimed water right. [ [ 1969 ex.s. c 284 § 17.1969 ex.s. c 284 § 17.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.09190.14.091 Definitions—Water rights notice—Form.Definitions—Water rights notice—Form. For the purpose of RCW For the purpose of RCW 90.14.03190.14.031 through through 90.14.12190.14.121 the following words and phrases shall the following words and phrases shall have the following meanings:have the following meanings: (1) "Statement of taxes due" means the statement required under RCW (1) "Statement of taxes due" means the statement required under RCW 84.56.05084.56.050.. (2) "Notice in writing" means a notice substantially in the following form:(2) "Notice in writing" means a notice substantially in the following form: WATER RIGHTS NOTICEWATER RIGHTS NOTICE Every person, including but not limited to an individual, partnership, association, public or privateEvery person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency and the state of Washington, and the Unitedcorporation, city or other municipality, county, state agency and the state of Washington, and the United States of America, when claiming water rights established under the laws of the state of Washington, areStates of America, when claiming water rights established under the laws of the state of Washington, are hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of publichereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state, except those water rights based upon authority of a permit orsurface or ground waters of the state, except those water rights based upon authority of a permit or certificate issued by the department of ecology or one of its predecessors, must be registered with thecertificate issued by the department of ecology or one of its predecessors, must be registered with the department of ecology, Olympia, Washington not later than June 30, 1974. FAILURE TO REGISTER ASdepartment of ecology, Olympia, Washington not later than June 30, 1974. FAILURE TO REGISTER AS REQUIRED BY LAW WILL RESULT IN A WAIVER AND RELINQUISHMENT OF SAID WATER RIGHTREQUIRED BY LAW WILL RESULT IN A WAIVER AND RELINQUISHMENT OF SAID WATER RIGHT OR CLAIMED WATER RIGHT. For further information contact the Department of Ecology, Olympia,OR CLAIMED WATER RIGHT. For further information contact the Department of Ecology, Olympia, Washington, for a copy of the act and an explanation thereof.Washington, for a copy of the act and an explanation thereof. [ [ 1988 c 127 § 75;1988 c 127 § 75; 1969 ex.s. c 284 § 18.1969 ex.s. c 284 § 18.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.10190.14.101 Notice of chapter provisions—How given—Requirements.Notice of chapter provisions—How given—Requirements. To insure that all persons referred to in RCW To insure that all persons referred to in RCW 90.14.03190.14.031 and and 90.14.04190.14.041 are notified of the are notified of the registration provisions of this chapter, the department of ecology is directed to give notice of theregistration provisions of this chapter, the department of ecology is directed to give notice of the registration provisions of this chapter as follows:registration provisions of this chapter as follows: (1) It shall cause a notice in writing to be placed in a prominent and conspicuous place in all(1) It shall cause a notice in writing to be placed in a prominent and conspicuous place in all newspapers of the state having a circulation of more than fifty thousand copies for each week day, and innewspapers of the state having a circulation of more than fifty thousand copies for each week day, and in at least one newspaper published in each county of the state, at least once each year for fiveat least one newspaper published in each county of the state, at least once each year for five consecutive years.consecutive years. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2017. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://app.leg.wa.gov/RCW/default.aspx?cite=84.56.050 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c127.pdf?cite=1988%20c%20127%20%C2%A7%2075; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2018. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 (2) It shall cause a notice substantially the same as a notice in writing to be broadcast by each(2) It shall cause a notice substantially the same as a notice in writing to be broadcast by each commercial television station operating in the United States and viewed in the state, and by at least onecommercial television station operating in the United States and viewed in the state, and by at least one commercial radio station operating from each county of the state having such a station regularly at sixcommercial radio station operating from each county of the state having such a station regularly at six month intervals for five consecutive years.month intervals for five consecutive years. (3) It shall cause a notice in writing to be placed in a prominent and conspicuous location in each(3) It shall cause a notice in writing to be placed in a prominent and conspicuous location in each county courthouse in the state.county courthouse in the state. (4) The county treasurer of each county shall enclose with each mailing of one or more(4) The county treasurer of each county shall enclose with each mailing of one or more statements of taxes due issued in 1972 a copy of a notice in writing and a declaration that it shall be thestatements of taxes due issued in 1972 a copy of a notice in writing and a declaration that it shall be the duty of the recipient of the statement of taxes due to forward the notice to the beneficial owner of theduty of the recipient of the statement of taxes due to forward the notice to the beneficial owner of the property. A sufficient number of copies of the notice and declaration shall be supplied to each countyproperty. A sufficient number of copies of the notice and declaration shall be supplied to each county treasurer by the director of ecology before the fifteenth day of January, 1972. In the implementation oftreasurer by the director of ecology before the fifteenth day of January, 1972. In the implementation of this subsection the department of ecology shall provide reimbursement to the county treasurer for thethis subsection the department of ecology shall provide reimbursement to the county treasurer for the reasonable additional costs, if any there may be, incurred by said treasurer arising from the inclusion of areasonable additional costs, if any there may be, incurred by said treasurer arising from the inclusion of a notice in writing as required herein.notice in writing as required herein. (5) It shall provide copies of the notice in writing to the press services with offices located in(5) It shall provide copies of the notice in writing to the press services with offices located in Thurston county during January of the years 1970, 1971, 1972, 1973, and 1974.Thurston county during January of the years 1970, 1971, 1972, 1973, and 1974. The director of the department may also in his or her discretion give notice in any other mannerThe director of the department may also in his or her discretion give notice in any other manner which will carry out the purposes of this section. Where notice in writing is given pursuant to subsectionswhich will carry out the purposes of this section. Where notice in writing is given pursuant to subsections (1) and (3) of this section, RCW (1) and (3) of this section, RCW 90.14.04190.14.041, , 90.14.05190.14.051, and , and 90.14.07190.14.071 shall be set forth and quoted in full. shall be set forth and quoted in full. [ [ 2013 c 23 § 606;2013 c 23 § 606; 1988 c 127 § 76;1988 c 127 § 76; 1969 ex.s. c 284 § 19.1969 ex.s. c 284 § 19.]] NOTES:NOTES: Reviser's note:Reviser's note: "this 1969 amendatory act" has been changed to "this chapter" in the first "this 1969 amendatory act" has been changed to "this chapter" in the first paragraph. "This 1969 amendatory act" [1969 ex.s. c 284] consists of RCW paragraph. "This 1969 amendatory act" [1969 ex.s. c 284] consists of RCW 90.48.29090.48.290, former RCW, former RCW 90.48.29590.48.295, since repealed, RCW , since repealed, RCW 90.22.01090.22.010 through through 90.22.04090.22.040, , 90.14.03190.14.031 through through 90.14.12190.14.121,, 43.27A.19043.27A.190 through through 43.27A.22043.27A.220, , 43.27A.07543.27A.075, and repeals RCW , and repeals RCW 43.21.14543.21.145 and and 90.14.03090.14.030 through through 90.14.12090.14.120.. SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.11190.14.111 Water rights claims registry.Water rights claims registry. The department of ecology is directed to establish a registry entitled the "Water Rights ClaimsThe department of ecology is directed to establish a registry entitled the "Water Rights Claims Registry". All claims set forth pursuant to RCW Registry". All claims set forth pursuant to RCW 90.14.04190.14.041, , 90.14.05190.14.051 and and 90.14.06190.14.061 shall be filed in the shall be filed in the registry alphabetically and consecutively by control number, and by such other manner as deemedregistry alphabetically and consecutively by control number, and by such other manner as deemed appropriate by the department.appropriate by the department. [ [ 1988 c 127 § 77;1988 c 127 § 77; 1969 ex.s. c 284 § 20.1969 ex.s. c 284 § 20.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20606; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c127.pdf?cite=1988%20c%20127%20%C2%A7%2076; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2019. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.295 http://app.leg.wa.gov/RCW/default.aspx?cite=90.22.010 http://app.leg.wa.gov/RCW/default.aspx?cite=90.22.040 http://app.leg.wa.gov/RCW/default.aspx?cite=43.27A.190 http://app.leg.wa.gov/RCW/default.aspx?cite=43.27A.220 http://app.leg.wa.gov/RCW/default.aspx?cite=43.27A.075 http://app.leg.wa.gov/RCW/default.aspx?cite=43.21.145 http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c127.pdf?cite=1988%20c%20127%20%C2%A7%2077; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2020. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 90.14.12190.14.121 Penalty for overstating claim.Penalty for overstating claim. The filing of a statement of claim pursuant to RCW The filing of a statement of claim pursuant to RCW 90.14.06190.14.061 which knowingly provides for an which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed shall constitute aoverstatement 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 notmisdemeanor punishable by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or both.more than ninety days, or both. [ [ 1969 ex.s. c 284 § 21.1969 ex.s. c 284 § 21.]] NOTES:NOTES: SeverabilitySeverability——1969 ex.s. c 284:1969 ex.s. c 284: See note following RCW See note following RCW 90.48.29090.48.290.. 90.14.13090.14.130 Reversion of rights to state due to nonuse—Notice by order—RelinquishmentReversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal.determinations—Appeal. When it appears to the department of ecology that a person entitled to the use of water has notWhen 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 maybeneficially 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 have reverted to the state because of such nonuse, as provided by RCW 90.14.16090.14.160, , 90.14.17090.14.170, or, or 90.14.18090.14.180, the department of ecology shall notify such person by order: PROVIDED, That where a, the department of ecology shall notify such person by order: PROVIDED, That where a company, association, district, or the United States has filed a blanket claim under the provisions ofcompany, association, district, or the United States has filed a blanket claim under the provisions of *RCW *RCW 90.14.06090.14.060 for the total benefits of those served by it, the notice shall be served on such company, for the total benefits of those served by it, the notice shall be served on such company, association, district or the United States and not upon any of its individual water users who may not haveassociation, district or the United States and not upon any of its individual water users who may not have used the water or some portion thereof which they were entitled to use. The order shall contain: (1) Aused the water or some portion thereof which they were entitled to use. The order shall contain: (1) A description of the water right, including the approximate location of the point of diversion, the generaldescription of the water right, including the approximate location of the point of diversion, the general description of the lands or places where such waters were used, the water source, the amount involved,description of the lands or places where such waters were used, the water source, the amount involved, the purpose of use, and the apparent authority upon which the right is based; (2) a statement that unlessthe purpose of use, and the apparent authority upon which the right is based; (2) a statement that unless sufficient cause be shown on appeal the water right will be declared relinquished; and (3) a statementsufficient cause be shown on appeal the water right will be declared relinquished; and (3) a statement that such order may be appealed to the pollution control hearings board. Any person aggrieved by suchthat such order may be appealed to the pollution control hearings board. Any person aggrieved by such an order may appeal it to the pollution control hearings board pursuant to RCW an order may appeal it to the pollution control hearings board pursuant to RCW 43.21B.31043.21B.310. The order. The order shall be served by registered or certified mail to the last known address of the person and be posted atshall be served by registered or certified mail to the last known address of the person and be posted at the point of division or withdrawal. The order by itself shall not alter the recipient's right to use water, ifthe point of division or withdrawal. The order by itself shall not alter the recipient's right to use water, if any.any. [ [ 2013 c 23 § 607;2013 c 23 § 607; 1987 c 109 § 13;1987 c 109 § 13; 1967 c 233 § 13.1967 c 233 § 13.]] NOTES:NOTES: *Reviser's note:*Reviser's note: RCW RCW 90.14.06090.14.060 was repealed by 1969 ex.s. c 284 § 23, which act added was repealed by 1969 ex.s. c 284 § 23, which act added new sections relating to the registration of claims for water rights as codified in this chapter.new sections relating to the registration of claims for water rights as codified in this chapter. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1969ex1c284.pdf?cite=1969%20ex.s.%20c%20284%20%C2%A7%2021. http://app.leg.wa.gov/RCW/default.aspx?cite=90.48.290 http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.310 http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20607; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c109.pdf?cite=1987%20c%20109%20%C2%A7%2013; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2013. PurposePurpose——Short titleShort title——ConstructionConstruction——RulesRules——SeverabilitySeverability——CaptionsCaptions——1987 c 109:1987 c 109: See See notes following RCW notes following RCW 43.21B.00143.21B.001.. Proceedings under this section deemed adjudicativeProceedings under this section deemed adjudicative——Application of RCW sections to specificApplication of RCW sections to specific proceedings: RCW proceedings: RCW 90.14.20090.14.200.. 90.14.14090.14.140 "Sufficient cause" for nonuse defined—Rights exempted. ("Sufficient cause" for nonuse defined—Rights exempted. (Effective until June 30,Effective until June 30, 2019.2019.)) (1) For the purposes of RCW (1) For the purposes of RCW 90.14.13090.14.130 through through 90.14.18090.14.180, "sufficient cause" shall be defined as, "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 morethe 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:consecutive years where such nonuse occurs as a result of: (a) Drought, or other unavailability of water;(a) Drought, or other unavailability of water; (b) Active service in the armed forces of the United States during military crisis;(b) Active service in the armed forces of the United States during military crisis; (c) Nonvoluntary service in the armed forces of the United States;(c) Nonvoluntary service in the armed forces of the United States; (d) The operation of legal proceedings;(d) The operation of legal proceedings; (e) Federal or state agency leases of or options to purchase lands or water rights which preclude(e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right;or reduce the use of the right by the owner of the water right; (f) Federal laws imposing land or water use restrictions either directly or through the voluntary(f) Federal laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, orenrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas;production quotas; (g) Temporarily reduced water need for irrigation use where such reduction is due to varying(g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitation and temperature, that warranted theweather conditions, including but not limited to precipitation and temperature, that warranted the reduction in water use, so long as the water user's diversion and delivery facilities are maintained in goodreduction in water use, so long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right;operating condition consistent with beneficial use of the full amount of the water right; (h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the(h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of electricity buys back electricity fromprovisions of a contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of thethe water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes;water diverted or withdrawn for irrigation purposes; (i) Water conservation measures implemented under the Yakima river basin water enhancement(i) Water conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103­434;project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103­434; (j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of(j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawal of water from the primary source of supply, if such return flows are measured ordiversion or withdrawal of water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientificreliably estimated using a scientific methodology generally accepted as reliable within the scientific community;community; (k) The reduced use of irrigation water resulting from crop rotation. For purposes of this(k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from thesubsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generally recognized sound farming practices. Unused water resulting from crop rotation willexercise of generally recognized sound farming practices. Unused water resulting from crop rotation will not be relinquished if the remaining portion of the water continues to be beneficially used; ornot be relinquished if the remaining portion of the water continues to be beneficially used; or (l) Waiting for a final determination from the department of ecology on a change application filed(l) Waiting for a final determination from the department of ecology on a change application filed under RCW under RCW 90.03.25090.03.250, , 90.03.38090.03.380, or , or 90.44.10090.44.100.. (2) Notwithstanding any other provisions of RCW (2) Notwithstanding any other provisions of RCW 90.14.13090.14.130 through through 90.14.18090.14.180, there shall be no, there shall be no relinquishment of any water right:relinquishment of any water right: (a) If such right is claimed for power development purposes under chapter (a) If such right is claimed for power development purposes under chapter 90.1690.16 RCW and RCW and annual license fees are paid in accordance with chapter annual license fees are paid in accordance with chapter 90.1690.16 RCW; RCW; (b) If such right is used for a standby or reserve water supply to be used in time of drought or(b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operatingother low flow period so long as withdrawal or diversion facilities are maintained in good operating http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.001 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.250 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.100 http://app.leg.wa.gov/RCW/default.aspx?cite=90.16 http://app.leg.wa.gov/RCW/default.aspx?cite=90.16 condition for the use of such reserve or standby water supply;condition for the use of such reserve or standby water supply; (c) If such right is claimed for a determined future development to take place either within fifteen(c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later;years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later; (d) If such right is claimed for municipal water supply purposes under chapter (d) If such right is claimed for municipal water supply purposes under chapter 90.0390.03 RCW; RCW; (e) If such waters are not subject to appropriation under the applicable provisions of RCW(e) If such waters are not subject to appropriation under the applicable provisions of RCW 90.40.03090.40.030;; (f) If such right or portion of the right is leased to another person for use on land other than the(f) If such right or portion of the right is leased to another person for use on land other than the land to which the right is appurtenant as long as the lessee makes beneficial use of the right inland to which the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a transfer or change of the right has been approved by the departmentaccordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW in accordance with RCW 90.03.38090.03.380, , 90.03.38390.03.383, , 90.03.39090.03.390, or , or 90.44.10090.44.100;; (g) If such a right or portion of the right is authorized for a purpose that is satisfied by the use of(g) If such a right or portion of the right is authorized for a purpose that is satisfied by the use of agricultural industrial process water as authorized under RCW agricultural industrial process water as authorized under RCW 90.46.15090.46.150; or; or (h) If such right is a trust water right under chapter (h) If such right is a trust water right under chapter 90.3890.38 or or 90.4290.42 RCW. RCW. (3) In adding provisions to this section by chapter 237, Laws of 2001, the legislature does not(3) In adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or anyintend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added orexisting administrative or judicial interpretation of, the provisions of this section not expressly added or revised.revised. [ [ 2012 c 7 § 2.2012 c 7 § 2. Prior: Prior: 2001 c 240 § 1;2001 c 240 § 1; 2001 c 237 § 27;2001 c 237 § 27; 2001 c 69 § 5;2001 c 69 § 5; 1998 c 258 § 1;1998 c 258 § 1; 1987 c 125 § 1;1987 c 125 § 1; 1967 c 233 § 14.1967 c 233 § 14.]] NOTES:NOTES: Effective dateEffective date——2012 c 7 § 2:2012 c 7 § 2: "Section 2 of this act takes effect June 30, 2019." [ "Section 2 of this act takes effect June 30, 2019." [ 2012 c 7 §2012 c 7 § 4.4.]] Effective dateEffective date——2001 c 240:2001 c 240: "This act is necessary for the immediate preservation of the "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, andpublic peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2001]." [ takes effect immediately [May 11, 2001]." [ 2001 c 240 § 2.2001 c 240 § 2.]] FindingFinding——IntentIntent——SeverabilitySeverability——Effective dateEffective date——2001 c 237:2001 c 237: See notes following RCW See notes following RCW 90.82.04090.82.040.. IntentIntent——2001 c 237:2001 c 237: See note following RCW See note following RCW 90.66.06590.66.065.. Effective dateEffective date——1967 c 233:1967 c 233: See RCW See RCW 90.14.90090.14.900.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.15090.14.150 Rights arising from permit to withdraw public waters not affected—Extensions.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 permitNothing 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 grantto 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 extensions of time to the holder of a preliminary permit only as provided by RCW 90.03.29090.03.290.. [ [ 1987 c 109 § 100;1987 c 109 § 100; 1967 c 233 § 15.1967 c 233 § 15.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.03 http://app.leg.wa.gov/RCW/default.aspx?cite=90.40.030 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.380 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.383 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.390 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.100 http://app.leg.wa.gov/RCW/default.aspx?cite=90.46.150 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38 http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1381.SL.pdf?cite=2012%20c%207%20%C2%A7%202. http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5910-S.SL.pdf?cite=2001%20c%20240%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/House/1832-S.SL.pdf?cite=2001%20c%20237%20%C2%A7%2027; http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5925-S.SL.pdf?cite=2001%20c%2069%20%C2%A7%205; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/House/3060.SL.pdf?cite=1998%20c%20258%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c125.pdf?cite=1987%20c%20125%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2014. http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1381.SL.pdf?cite=2012%20c%207%20%C2%A7%204. http://lawfilesext.leg.wa.gov/biennium/2001-02/Pdf/Bills/Session%20Laws/Senate/5910-S.SL.pdf?cite=2001%20c%20240%20%C2%A7%202. http://app.leg.wa.gov/RCW/default.aspx?cite=90.82.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.66.065 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.290 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c109.pdf?cite=1987%20c%20109%20%C2%A7%20100; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2015. NOTES:NOTES: PurposePurpose——Short titleShort title——ConstructionConstruction——RulesRules——SeverabilitySeverability——CaptionsCaptions——1987 c 109:1987 c 109: See See notes following RCW notes following RCW 43.21B.00143.21B.001.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.16090.14.160 Relinquishment of right for abandonment or failure to beneficially use withoutRelinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or generalsufficient cause—Prior rights acquired through appropriation, custom or general adjudication.adjudication. Any person entitled to divert or withdraw waters of the state through any appropriation authorizedAny 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 byby 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, togeneral adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive yearsbeneficially use all or any part of said right to divert or withdraw for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shallafter July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation inrevert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW accordance with RCW 90.03.25090.03.250.. [ [ 1981 c 291 § 1;1981 c 291 § 1; 1979 ex.s. c 216 § 5;1979 ex.s. c 216 § 5; 1967 c 233 § 16.1967 c 233 § 16.]] NOTES:NOTES: Effective dateEffective date——SeverabilitySeverability——1979 ex.s. c 216:1979 ex.s. c 216: See notes following RCW See notes following RCW 90.03.24590.03.245.. Effective dateEffective date——1967 c 233:1967 c 233: See RCW See RCW 90.14.90090.14.900.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. Implementation and enforcement of chapterImplementation and enforcement of chapter——Proceedings under RCW Proceedings under RCW 90.14.13090.14.130 deemed adjudicative deemed adjudicative—— Application of RCW sections to specific proceedings: RCW Application of RCW sections to specific proceedings: RCW 90.14.20090.14.200.. 90.14.17090.14.170 Relinquishment of right for abandonment or failure to beneficially use withoutRelinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired due to ownership of land abutting stream, lake,sufficient cause—Rights acquired due to ownership of land abutting stream, lake, or watercourse.or watercourse. Any person entitled to divert or withdraw waters of the state by virtue of his or her ownership ofAny 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, withoutland 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 anysufficient cause, to beneficially use all or any part of said right to withdraw or divert said water for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and suchperiod of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall becomeright or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation in accordance with the provisions of RCW available for appropriation in accordance with the provisions of RCW 90.03.25090.03.250.. http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.001 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.250 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1981c291.pdf?cite=1981%20c%20291%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1979ex1c216.pdf?cite=1979%20ex.s.%20c%20216%20%C2%A7%205; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2016. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.245 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.250 [ [ 2013 c 23 § 608;2013 c 23 § 608; 1967 c 233 § 17.1967 c 233 § 17.]] NOTES:NOTES: Effective dateEffective date——1967 c 233:1967 c 233: See RCW See RCW 90.14.90090.14.900.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. Availability for other uses qualified: RCW Availability for other uses qualified: RCW 90.14.16090.14.160.. Implementation and enforcement of chapterImplementation and enforcement of chapter——Application of RCW sections to specific proceedings: RCWApplication of RCW sections to specific proceedings: RCW 90.14.20090.14.200.. 90.14.18090.14.180 Relinquishment of right for abandonment or failure to beneficially use withoutRelinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation.sufficient cause—Future rights acquired through appropriation. Any person hereafter entitled to divert or withdraw waters of the state through an appropriationAny person hereafter entitled to divert or withdraw waters of the state through an appropriation authorized under RCW authorized under RCW 90.03.33090.03.330, , 90.44.08090.44.080, or , or 90.44.09090.44.090 who abandons the same, or who voluntarily 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 offails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any period of five successive years shall relinquish such right or portion thereof, and such right or portion thereof shallfive successive years shall relinquish such right or portion thereof, and such right or portion thereof shall revert to the state, and the waters affected by said right shall become available for appropriation inrevert to the state, and the waters affected by said right shall become available for appropriation in accordance with RCW accordance with RCW 90.03.25090.03.250. All certificates hereafter issued by the department of ecology pursuant. All certificates hereafter issued by the department of ecology pursuant to RCW to RCW 90.03.33090.03.330 shall expressly incorporate this section by reference. shall expressly incorporate this section by reference. [ [ 1987 c 109 § 101;1987 c 109 § 101; 1967 c 233 § 18.1967 c 233 § 18.]] NOTES:NOTES: PurposePurpose——Short titleShort title——ConstructionConstruction——RulesRules——SeverabilitySeverability——CaptionsCaptions——1987 c 109:1987 c 109: See See notes following RCW notes following RCW 43.21B.00143.21B.001.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. Availability for other uses qualified: RCW Availability for other uses qualified: RCW 90.14.16090.14.160.. Implementation and enforcement of chapterImplementation and enforcement of chapter——Application of RCW sections to specific proceedings: RCWApplication of RCW sections to specific proceedings: RCW 90.14.20090.14.200.. 90.14.19090.14.190 Water resources decisions—Appeals—Attorneys' fees.Water resources decisions—Appeals—Attorneys' fees. Any person feeling aggrieved by any decision of the department of ecology may have the sameAny person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW reviewed pursuant to RCW 43.21B.31043.21B.310. In any such review, the findings of fact as set forth in the report. In any such review, the findings of fact as set forth in the report http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5077-S.SL.pdf?cite=2013%20c%2023%20%C2%A7%20608; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2017. http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.330 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.080 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.090 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.250 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.330 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c109.pdf?cite=1987%20c%20109%20%C2%A7%20101; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2018. http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.001 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.310 of the department of ecology shall be prima facie evidence of the fact of any waiver or relinquishment ofof the department of ecology shall be prima facie evidence of the fact of any waiver or relinquishment of a water right or portion thereof. If the hearings board affirms the decision of the department, a partya water right or portion thereof. If the hearings board affirms the decision of the department, a party seeks review in superior court of that hearings board decision pursuant to chapter seeks review in superior court of that hearings board decision pursuant to chapter 34.0534.05 RCW, and the RCW, and the court determines that the party was injured by an arbitrary, capricious, or erroneous order of thecourt determines that the party was injured by an arbitrary, capricious, or erroneous order of the department, the court may award reasonable attorneys' fees.department, the court may award reasonable attorneys' fees. [ [ 1987 c 109 § 14;1987 c 109 § 14; 1967 c 233 § 19.1967 c 233 § 19.]] NOTES:NOTES: PurposePurpose——Short titleShort title——ConstructionConstruction——RulesRules——SeverabilitySeverability——CaptionsCaptions——1987 c 109:1987 c 109: See See notes following RCW notes following RCW 43.21B.00143.21B.001.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.20090.14.200 Implementation and enforcement of chapter—Proceedings under RCW Implementation and enforcement of chapter—Proceedings under RCW 90.14.13090.14.130 deemed adjudicative—Application of RCW sections to specific proceedings.deemed adjudicative—Application of RCW sections to specific proceedings. (1) All matters relating to the implementation and enforcement of this chapter by the department(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 of ecology shall be carried out in accordance with chapter 34.0534.05 RCW, the Administrative Procedure Act, RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter except where the provisions of this chapter expressly conflict with chapter 34.0534.05 RCW. Proceedings held RCW. Proceedings held pursuant to RCW pursuant to RCW 90.14.13090.14.130 are adjudicative proceedings within the meaning of chapter are adjudicative proceedings within the meaning of chapter 34.0534.05 RCW. RCW. Final decisions of the department of ecology in these proceedings are subject to review in accordanceFinal decisions of the department of ecology in these proceedings are subject to review in accordance with chapter with chapter 43.21B43.21B RCW. RCW. (2) RCW (2) RCW 90.14.13090.14.130 provides nonexclusive procedures for determining a relinquishment of water provides nonexclusive procedures for determining a relinquishment of water rights under RCW rights under RCW 90.14.16090.14.160, , 90.14.17090.14.170, and , and 90.14.18090.14.180. RCW . RCW 90.14.16090.14.160, , 90.14.17090.14.170, and , and 90.14.18090.14.180 may may be applied in, among other proceedings, general adjudication proceedings initiated under RCWbe applied in, among other proceedings, general adjudication proceedings initiated under RCW 90.03.11090.03.110 or or 90.44.22090.44.220: PROVIDED, That nothing herein shall apply to litigation involving determinations: PROVIDED, That nothing herein shall apply to litigation involving determinations of the department of ecology under RCW of the department of ecology under RCW 90.03.29090.03.290 relating to the impairment of existing rights. relating to the impairment of existing rights. [ [ 1989 c 175 § 180;1989 c 175 § 180; 1979 ex.s. c 216 § 6;1979 ex.s. c 216 § 6; 1967 c 233 § 20.1967 c 233 § 20.]] NOTES:NOTES: Effective dateEffective date——1989 c 175:1989 c 175: See note following RCW See note following RCW 34.05.01034.05.010.. Effective dateEffective date——SeverabilitySeverability——1979 ex.s. c 216:1979 ex.s. c 216: See notes following RCW See notes following RCW 90.03.24590.03.245.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.21090.14.210 Chapter applies to all rights to withdraw groundwaters.Chapter applies to all rights to withdraw groundwaters. http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c109.pdf?cite=1987%20c%20109%20%C2%A7%2014; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2019. http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.001 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.110 http://app.leg.wa.gov/RCW/default.aspx?cite=90.44.220 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.290 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1989c175.pdf?cite=1989%20c%20175%20%C2%A7%20180; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1979ex1c216.pdf?cite=1979%20ex.s.%20c%20216%20%C2%A7%206; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2020. http://app.leg.wa.gov/RCW/default.aspx?cite=34.05.010 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.245 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 The provisions of this chapter shall apply to all rights to withdraw groundwaters of the state,The provisions of this chapter shall apply to all rights to withdraw groundwaters of the state, whether authorized by chapter whether authorized by chapter 90.4490.44 RCW or otherwise. RCW or otherwise. [ [ 1967 c 233 § 21.1967 c 233 § 21.]] NOTES:NOTES: Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.21590.14.215 Chapter not applicable to trust water rights under chapter Chapter not applicable to trust water rights under chapter 90.38 or 90.38 or 90.42 RCW.90.42 RCW. This chapter shall not apply to trust water rights held or exercised by the department of ecologyThis chapter shall not apply to trust water rights held or exercised by the department of ecology under chapter under chapter 90.3890.38 or or 90.4290.42 RCW. RCW. [ [ 1991 c 347 § 14.1991 c 347 § 14.]] NOTES:NOTES: PurposesPurposes——1991 c 347:1991 c 347: See note following RCW See note following RCW 90.42.00590.42.005.. 90.14.22090.14.220 No rights to be acquired by prescription or adverse use.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 orNo 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.unappropriated waters thereof may be acquired by prescription or adverse use. [ [ 1967 c 233 § 22.1967 c 233 § 22.]] NOTES:NOTES: Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.23090.14.230 Rules and regulations.Rules and regulations. The department of ecology is authorized to promulgate such rules and regulations as areThe department of ecology is authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.necessary to carry out the provisions of this chapter. [ [ 1987 c 109 § 102;1987 c 109 § 102; 1967 c 233 § 23.1967 c 233 § 23.]] http://app.leg.wa.gov/RCW/default.aspx?cite=90.44 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2021. http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38 http://app.leg.wa.gov/RCW/default.aspx?cite=90.42 http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/House/2026-S.SL.pdf?cite=1991%20c%20347%20%C2%A7%2014. http://app.leg.wa.gov/RCW/default.aspx?cite=90.42.005 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2022. http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c109.pdf?cite=1987%20c%20109%20%C2%A7%20102; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2023. NOTES:NOTES: PurposePurpose——Short titleShort title——ConstructionConstruction——RulesRules——SeverabilitySeverability——CaptionsCaptions——1987 c 109:1987 c 109: See See notes following RCW notes following RCW 43.21B.00143.21B.001.. Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.24090.14.240 Water rights tracking system account.Water rights tracking system account. The water rights tracking system account is created in the state treasury. Twenty percent of theThe 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 fees collected by the department of ecology according to RCW 90.03.47090.03.470 must be deposited in the must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the accountaccount. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of ecology for the development, implementation, and management of amay be used by the department of ecology for the development, implementation, and management of a water rights tracking system, including a water rights mapping system and a water rights database.water rights tracking system, including a water rights mapping system and a water rights database. [ [ 2005 c 412 § 3.2005 c 412 § 3.]] NOTES:NOTES: FindingsFindings——IntentIntent——2005 c 412:2005 c 412: See note following RCW See note following RCW 90.03.47090.03.470.. 90.14.90090.14.900 Effective date—1967 c 233.Effective date—1967 c 233. The effective date of this act is July 1, 1967.The effective date of this act is July 1, 1967. [ [ 1967 c 233 § 25.1967 c 233 § 25.]] NOTES:NOTES: Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. 90.14.91090.14.910 Severability—1967 c 233.Severability—1967 c 233. If any provisions of this act or the application thereof to any person or circumstance is heldIf 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 theinvalid, 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 itsprovisions of this act are declared to be severable. This act shall be liberally construed to effectuate its purpose.purpose. http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B.001 http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.470 http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/2309-S.SL.pdf?cite=2005%20c%20412%20%C2%A7%203. http://app.leg.wa.gov/RCW/default.aspx?cite=90.03.470 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2025. http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040 [ [ 1967 c 233 § 26.1967 c 233 § 26.]] NOTES:NOTES: Application to Yakima river basin trust water rights: RCW Application to Yakima river basin trust water rights: RCW 90.38.04090.38.040.. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1967c233.pdf?cite=1967%20c%20233%20%C2%A7%2026. http://app.leg.wa.gov/RCW/default.aspx?cite=90.38.040