Revised Code of Washington
2023 Archive

Title 90 RCW
WATER RIGHTSENVIRONMENT
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Chapters
90.03Water code.
90.08Stream patrollers.
90.14Water rightsRegistrationWaiver and relinquishment, etc.
90.16Appropriation of water for public and industrial purposes.
90.22Minimum water flows and levels.
90.24Regulation of outflow of lakes.
90.28Miscellaneous rights and duties.
90.36Artesian wells.
90.38Yakima river basin water rights.
90.40Water rights of United States.
90.42Water resource management.
90.44Regulation of public groundwaters.
90.46Reclaimed water use.
90.48Water pollution control.
90.50AWater pollution control facilitiesFederal capitalization grants.
90.52Pollution disclosure act of 1971.
90.54Water resources act of 1971.
90.56Oil and hazardous substance spill prevention and response.
90.58Shoreline management act of 1971.
90.64Dairy nutrient management.
90.66Family farm water act.
90.71Puget Sound water quality protection.
90.72Shellfish protection districts.
90.74Aquatic resources mitigation.
90.80Water conservancy boards.
90.82Watershed planning.
90.84Wetlands mitigation banking.
90.86Joint legislative committee on water supply during drought.
90.88Aquatic rehabilitation zones.
90.90Columbia river basin water supply.
90.94Streamflow restoration.
NOTES:
Actionable nuisances definedClosing of channel stream: RCW 7.48.010.
Annexation of water, sewer, and fire districts (to city or town): RCW 35.02.200, chapter 35.13A RCW.
Aquatic lands: Chapters 79.105 through 79.140 RCW.
Aquifer protection areas: Chapter 36.36 RCW.
Authority to construct viaducts, bridges, drawbridges (first-class cities): Chapter 35.85 RCW.
Board of natural resourcesPowers and duties (commission on harbor lines): RCW 43.30.215.
Bridges across and obstructions in navigable waters: Chapter 88.28 RCW.
Canal commission: Chapter 47.72 RCW.
Cities and towns
auxiliary water systems for protection from fire: RCW 35.21.030.
dikes, levees, embankments, authority to construct: RCW 35.21.090.
first-class cities
specific powers enumerated: RCW 35.22.280.
utilities, collective bargaining with employees (waterworks system): RCW 35.22.350.
wharves, city may let wharves or privileges thereon: RCW 35.22.410.
jurisdiction over adjacent waters: RCW 35.21.160.
sewerage, drainage and water supply: RCW 35.21.210.
streets and alleys over first-class tidelands, control of: RCW 35.21.250.
streets over tidelands, control of: RCW 35.21.240.
swimming pools, power to acquire: RCW 35.21.020.
utility services, lien for (waterworks): RCW 35.21.290 through 35.21.300.
City in adjoining state may condemn watershed property: RCW 8.28.050.
Dams, height on tributaries of Columbia River: Chapter 77.55 RCW.
Department of natural resources, to locate line between tide and shore land in tidal rivers: RCW 79.125.010.
Diking, drainage and sewerage improvement districts: Chapters 85.08 through 85.16 RCW.
Diking and drainage districts: Chapters 85.05 through 85.24 RCW.
Director of fish and wildlife, may modify inadequate fishways and fish guards: RCW 77.57.040, 77.57.060.
Easements over public lands, waterway rights: Chapter 79.36 RCW.
Ferries
county-ownedFerry districts: Chapter 36.54 RCW.
privately owned (licensed by county): Chapter 36.53 RCW.
Fisheries code: Title 77 RCW.
Flood control districts: Chapter 86.09 RCW.
Food fish, shellfish
compacts: Chapter 77.75 RCW.
construction projects in state waters: Chapter 77.55 RCW.
taxes: Chapter 82.27 RCW.
unlawful acts: Chapter 77.50 RCW.
Franchises on roads and bridges (by counties): Chapter 36.55 RCW.
Furnishing impure water, penalty: RCW 70.54.020.
Game and game fish, unlawful acts: Chapter 77.50 RCW.
Geological survey (objects as to water supplies, etc.): RCW 43.92.020.
Harbor improvements: Chapter 53.20 RCW.
Harbor line commission: RCW 79.115.010.
Highway commission (bridges): Chapter 47.01 RCW.
Irrigation: Title 87 RCW.
Irrigation districts
limits of levy until water is received: RCW 87.04.090.
right to cross other property: RCW 87.03.455.
Joint canal construction (by counties): RCW 36.64.060.
Jurisdiction in special cases
additional right-of-way: RCW 37.08.250.
Lake Washington ship canal: RCW 37.08.240.
Lease or conveyance (by county) to United States for flood control, navigation and allied purposes: RCW 36.34.220 through 36.34.240.
Limitation on municipal indebtedness, exception for water supply: State Constitution Art. 8 § 6 (Amendment 27).
Local improvements (cities and towns)
filling and draining of lowlandswaterways: Chapter 35.56 RCW.
filling lowlands: Chapter 35.55 RCW.
harbor area leaseholdsassessment: RCW 35.44.150.
leases on tidelandsassessment: RCW 35.44.160.
Marine employeesPublic employment relations: Chapter 47.64 RCW.
Master plan of development (including flood control): RCW 43.21A.350.
Material removed for channel or harbor improvement or flood controlUse for public purpose: RCW 79.140.110.
Merger of minor irrigation district into major irrigation districtExisting water rights not impaired: RCW 87.03.857.
Municipal utilities
acquisition of out-of-state waterworks: RCW 35.92.014 through 35.92.015.
acquisition of water rights: RCW 35.92.220.
authority to acquire and operate waterworks: RCW 35.92.010.
cannot condemn irrigation system: RCW 35.92.190.
city may extend water system outside limits: RCW 35.92.170.
may acquire property outside city: RCW 35.92.180.
Navigation and harbor improvements: Title 88 RCW.
Nuisance defined (as to water rights): RCW 7.48.120.
Nuisance (deposit of unwholesome substance into any lake, creek or river): RCW 9.66.050.
Operating agencies (power commission)Policy declaration as to water resources: Chapter 43.52 RCW.
Parks, bathing beaches, public camps: Chapter 67.20 RCW.
Penalties imposed by parks and recreation commission: RCW 79A.05.165.
Planning commissions (cities and towns)Restrictions on buildingsUse of land: RCW 35.63.080.
Pollution of drinking water supplyPenalty: RCW 70.54.010.
Pollution of watershed of city outside statePenalty: RCW 70.54.030.
Port districts: Title 53 RCW.
Private ditches and drains: Chapter 85.28 RCW.
Private way of necessity definedMaintaining drain, flume or ditch: RCW 8.24.010.
Prohibited parking places (upon any bridge): RCW 46.61.570.
Public lands: Title 79 RCW.
Public nuisance (tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin): RCW 9.66.010.
Public nuisances enumerated: RCW 7.48.140.
Public utilities and transportation commission: Chapter 80.01 RCW.
Public utilitiesGas, electrical and water companies: Chapter 80.28 RCW.
Public utility districtsPowers: Chapter 54.16 RCW.
Public waterways: Chapter 91.08 RCW.
Public works: Chapters 39.04 through 39.28 RCW.
Puget Sound ferry and toll bridge system: Chapter 47.60 RCW.
Railroads
bridges over navigable streams: RCW 81.36.100.
lines across or along watercourses: RCW 81.36.040.
may construct and operate canals and ditches: RCW 81.36.130.
structures across state waterways: RCW 81.36.100.
Reclamation and irrigation in United States reclamation areas: Chapter 89.12 RCW.
Reclamation districts of one million acres
general improvement and divisional districts: Chapter 89.30 RCW.
limitation on water appropriation: RCW 89.30.001, 89.30.007.
powers: Chapter 89.30 RCW.
purposes: RCW 89.30.007.
right to cross streams, highways, etc.: RCW 89.30.214.
tolls for electricity and water: RCW 89.30.787.
Regulation of watercourses (counties): RCW 36.32.280.
Relocation of inner harbor line: RCW 79.115.020.
Removal of obstructions (from watercourses, by counties): RCW 36.32.290.
Restrictions on sale of certain water rights by state: State Constitution Art. 15 § 1 (Amendment 15).
Roads and bridges (county): Chapters 36.75 through 36.87 RCW.
Sales and leases of public lands and materialsWater right as improvement: RCW 79.13.170.
Second-class cities
acquisition of property for municipal purposes (waterfront leases, etc.): RCW 35.23.452.
specific powers enumerated: RCW 35.23.440.
utilities (supply city with water): RCW 35.23.515 through 35.23.535.
waterworks: RCW 35.23.560 through 35.23.580.
Sewerage systems (cities and towns)Waterworks: RCW 35.67.331 through 35.67.340.
Shellfish: Chapter 77.60 RCW.
Small boat facilities for Puget Sound authorized: RCW 79A.05.185.
Soil conservation (conservation of water): Chapter 89.08 RCW.
Soil conservationWater rights preserved: RCW 89.08.390.
Speed in traversing bridge, tunnels, etc.: RCW 46.61.450.
State board of healthPowers and duties (investigation of water supply): RCW 43.20.050.
Street gradesSanitary fills (cities and towns): Chapter 35.73 RCW.
StreetsDrawbridges (cities and towns): Chapter 35.74 RCW.
Tidelands, shorelands, and harbor areas: Chapters 79.115, 79.125 RCW.
Towns, specific powers enumerated: RCW 35.27.370.
Transfer of territory where city's harbor lies in two counties: Chapter 36.08 RCW.
Trees may be removed from riverbanks (by counties): RCW 36.32.300.
Unclassified cities, additional indebtedness for municipal utilities (water supply): RCW 35.30.060.
Use of waters for irrigation, mining, manufacturing, deemed public use: State Constitution Art. 21.
Washington utilities and transportation commission: Chapter 80.01 RCW.
Water
pollutionProtection from (cities and towns): Chapter 35.88 RCW.
redemption bonds (cities and towns): Chapter 35.89 RCW.
Water-sewer districts
generally: Title 57 RCW.
powers: Chapter 57.08 RCW.
Watercraft adrift: Chapter 79A.60 RCW.
Wharves and landings: Chapter 88.24 RCW.