Revised Code of Washington
2024 Archive

Chapter 90.03 RCW
WATER CODE
PDF of Chapter Digest
PDF of Complete Chapter
Sections
90.03.005State water policy—Cooperation with other agencies—Reduction of wasteful practices.
90.03.010Appropriation of water rights—Existing rights preserved.
90.03.015Definitions.
90.03.020Units of water measurement.
90.03.030Right to convey water along lake or stream—Conveyance to intake structure in neighboring state.
90.03.040Eminent domain—Use of water declared public use.
90.03.060Water masters—Appointment, compensation.
90.03.070Water masters—Duties—Office space and equipment—Clerical assistance.
90.03.090Water master's power of arrest.
90.03.100Prosecuting attorney, legal assistant.
90.03.105Petition by planning units for general adjudication.
90.03.110Determination of water rights—Petition—Statement and plan.
90.03.120Determination of water rights—Order—Summons—Necessary parties—Use of innovative practices and technologies encouraged.
90.03.130Determination of water rights—Service of summons.
90.03.140Determination of water rights—Adjudication claim by defendant.
90.03.150Determination of water rights—Guardian ad litem for defendant.
90.03.160Determination of water rights—Response to motions under RCW 90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules of procedure.
90.03.180Determination of water rights—Filing fee.
90.03.200Determination of water rights—Final decree and notice of decree—Payment of fees—Appellate review of decree.
90.03.210Determination of water rights—Interim regulation of water—Appeals.
90.03.220Determination of water rights—Failure to appear—Estoppel.
90.03.230Determination of water rights—Copy of decree to director.
90.03.240Determination of water rights—Certificate of adjudicated water right—Notice—Fees.
90.03.243Determination of water rights—State to bear its expenses, when—County must be provided extraordinary costs imposed due to adjudication.
90.03.245Determination of water rights—Scope.
90.03.247Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.
90.03.250Appropriation procedure—Application for permit—Temporary permit.
90.03.252Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.
90.03.255Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.
90.03.260Appropriation procedure—Application—Contents.
90.03.265Appropriation procedure—Cost-reimbursement agreement for expedited review of application—Adoption of rules.
90.03.270Appropriation procedure—Record of application.
90.03.280Appropriation procedure—Notice.
90.03.290Appropriation procedure—Department to investigate—Preliminary permit—Findings and action on application.
90.03.300Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.
90.03.310Appropriation procedure—Assignability of permit or application.
90.03.320Appropriation procedure—Construction work.
90.03.330Appropriation procedure—Water right certificate.
90.03.340Appropriation procedure—Effective date of water right.
90.03.345Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.
90.03.350Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.
90.03.360Controlling works and measuring devices—Metering of diversions—Impact on fish stock.
90.03.370Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project standards and rules—Exemptions—Report to the legislature.
90.03.380Right to water attaches to land—Transfer or change in point of diversion—Transfer of rights from one district to another—Priority of water rights applications—Exemption for small irrigation impoundments—Electronic notice of an application for an interbasin water rights transfer.
90.03.383Interties—Findings—Definitions—Review and approval.
90.03.386Coordination of approval procedures for compliance and consistency with approved water system plan.
90.03.390Temporary changes—Emergency interties—Rotation in use.
90.03.395Change of point of diversion to downstream intake structure—Intent.
90.03.397Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.
90.03.400Crimes against water code—Unauthorized use of water.
90.03.410Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.
90.03.420Crimes against water code—Obstruction of right-of-way.
90.03.430Partnership ditches—Action for reimbursement for work done.
90.03.440Partnership ditches—Procedure for division of water between joint owners.
90.03.450Partnership ditches—Lien for labor performed.
90.03.460Inchoate rights not affected.
90.03.470Schedule of fees.
90.03.471Disposition of fees.
90.03.500Stormwater control facilities—Imposition of rates and charges—Legislative findings.
90.03.510Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.
90.03.520Stormwater control facilities—Imposition of rates and charges—Definitions.
90.03.525Stormwater control facilities—Imposition of rates and charges with respect to state highway rights-of-way—Annual plan for expenditure of charges.
90.03.540Highway construction improvement projects—Joint stormwater treatment facilities.
90.03.550Municipal water supply purposes—Beneficial uses.
90.03.560Municipal water supply purposes—Identification.
90.03.570Change or transfer of an unperfected surface water right for municipal water supply purposes.
90.03.580Failing public water system—Conditions.
90.03.590Municipal water suppliers—Watershed agreement—Pilot project.
90.03.591New watershed agreements prohibited after July 1, 2008.
90.03.600Civil penalties.
90.03.605Compliance—Sequence of enforcement measures—Location of compliance personnel.
90.03.615Calculating annual consumptive quantity.
90.03.620Water rights adjudication—Disqualification of judge.
90.03.625Water rights adjudication—Motion for default.
90.03.630Water rights adjudication—Use for which a statement of claim is required.
90.03.635Water rights adjudication—Filing of evidence.
90.03.640Water rights adjudication—Preliminary investigation—Department's report of findings.
90.03.645Water rights adjudication—Early settlement encouraged—Approval of settlement.
90.03.650Water rights processing account.
90.03.655Expedited processing of applications—On department's own volition—Notice—Fees.
90.03.660Expedited processing of applications—Notice to tribal governments.
90.03.665Certified water right examiners—Fees—Rules.
90.03.670Processing of water right applications—Scope of chapter 285, Laws of 2010.
90.03.675Stormwater retention ponds—Mosquito abatement.
90.03.680Water commissioners—Appointment—Training.
90.03.683Water commissioners—Authority in a water rights adjudication—Acts and proceedings subject to revision by superior court.
NOTES:
Prior acts on this subject: Code 1881 c 141; 1889 pp 706-728 ss 1-67, 1889 p 728 s 1; 1889 p 729 ss 1-2; 1891 c 142; 1899 c 131; 1901 cc 30, 33, 36; 1903 c 53; 1907 c 144; and 1909 c 209.
Aquifer protection areas: Chapter 36.36 RCW.