Revised Code of Washington
Chapter 90.03 - Water Code.
90.03.110 - Determination of water rights—Petition—Statement and plan.

RCW 90.03.110
Determination of water rights—Petition—Statement and plan.

(1) Upon the filing of a petition with the department by a planning unit or by one or more persons claiming the right to any waters within the state or when, after investigation, in the judgment of the department, the public interest will be served by a determination of the rights thereto, the department shall prepare a statement of the facts, together with a plan or map of the locality under investigation, and file such statement and plan or map in the superior court of the county in which said water is situated, or, in case such water flows or is situated in more than one county, in the county which the department shall determine to be the most convenient to the parties interested therein. Such a statement shall:
(a) Either (i) identify each person or entity owning real property situated within the area to be adjudicated but outside the boundaries of a city, town, or special purpose district that provides water to property within its service area; (ii) identify all known persons claiming a right to the water sought to be determined; or (iii) identify both; and
(b) Include a brief statement of the facts in relation to such water, and the necessity for a determination of the rights thereto.
(2) Prior to filing an adjudication under this chapter, the department shall:
(a) Consult with the administrative office of the courts to determine whether sufficient judicial resources are available to commence and to prosecute the adjudication in a timely manner; and
(b) Report to the appropriate committees of the legislature on the estimated budget needs for the court and the department to conduct the adjudication.

[ 2009 c 332 § 1; 1987 c 109 § 72; 1917 c 117 § 14; RRS § 7364. Formerly RCW 90.12.010.]
NOTES:

Application—2009 c 332: "Except for section 14 of this act, this act applies only to adjudications initiated after July 26, 2009." [ 2009 c 332 § 21.]


Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.


Additional powers and duties enumerated—Payment for from reclamation account: RCW 89.16.055.


Application of RCW sections to specific proceedings: RCW 90.14.200.


Schedule of fees: RCW 90.03.470.

Structure Revised Code of Washington

Revised Code of Washington

Title 90 - Water Rights—Environment

Chapter 90.03 - Water Code.

90.03.005 - State water policy—Cooperation with other agencies—Reduction of wasteful practices.

90.03.010 - Appropriation of water rights—Existing rights preserved.

90.03.015 - Definitions.

90.03.020 - Units of water measurement.

90.03.030 - Right to convey water along lake or stream—Conveyance to intake structure in neighboring state.

90.03.040 - Eminent domain—Use of water declared public use.

90.03.060 - Water masters—Appointment, compensation.

90.03.070 - Water masters—Duties—Office space and equipment—Clerical assistance.

90.03.090 - Water master's power of arrest.

90.03.100 - Prosecuting attorney, legal assistant.

90.03.105 - Petition by planning units for general adjudication.

90.03.110 - Determination of water rights—Petition—Statement and plan.

90.03.120 - Determination of water rights—Order—Summons—Necessary parties—Use of innovative practices and technologies encouraged.

90.03.130 - Determination of water rights—Service of summons.

90.03.140 - Determination of water rights—Adjudication claim by defendant.

90.03.150 - Determination of water rights—Guardian ad litem for defendant.

90.03.160 - Determination of water rights—Response to motions under RCW 90.03.640(3)—Notice of intent to cross-examine—Appointment of a referee—Special rules.

90.03.180 - Determination of water rights—Filing fee.

90.03.200 - Determination of water rights—Final decree and notice of decree—Payment of fees—Appellate review of decree.

90.03.210 - Determination of water rights—Interim regulation of water—Appeals.

90.03.220 - Determination of water rights—Failure to appear—Estoppel.

90.03.230 - Determination of water rights—Copy of decree to director.

90.03.240 - Determination of water rights—Certificate of adjudicated water right—Notice—Fees.

90.03.243 - Determination of water rights—State to bear its expenses, when—County must be provided extraordinary costs imposed due to adjudication.

90.03.245 - Determination of water rights—Scope.

90.03.247 - Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.

90.03.250 - Appropriation procedure—Application for permit—Temporary permit.

90.03.252 - Use of reclaimed water by wastewater treatment facility—Permit requirements inapplicable.

90.03.255 - Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.

90.03.260 - Appropriation procedure—Application—Contents.

90.03.265 - Appropriation procedure—Cost-reimbursement agreement for expedited review of application—Adoption of rules.

90.03.270 - Appropriation procedure—Record of application.

90.03.280 - Appropriation procedure—Notice.

90.03.290 - Appropriation procedure—Department to investigate—Preliminary permit—Findings and action on application.

90.03.300 - Appropriation procedure—Diversion of water for out-of-state use—Reciprocity.

90.03.310 - Appropriation procedure—Assignability of permit or application.

90.03.320 - Appropriation procedure—Construction work.

90.03.330 - Appropriation procedure—Water right certificate.

90.03.340 - Appropriation procedure—Effective date of water right.

90.03.345 - Establishment of reservations of water for certain purposes and minimum flows or levels as constituting appropriations with priority dates.

90.03.350 - Construction or modification of storage dam—Plans and specifications—Additional dam safety inspection requirements for metals mining and milling operations.

90.03.360 - Controlling works and measuring devices—Metering of diversions—Impact on fish stock.

90.03.370 - Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project standards and rules—Exemptions—Report to the legislature.

90.03.380 - Right 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...

90.03.383 - Interties—Findings—Definitions—Review and approval.

90.03.386 - Coordination of approval procedures for compliance and consistency with approved water system plan.

90.03.390 - Temporary changes—Emergency interties—Rotation in use.

90.03.395 - Change of point of diversion to downstream intake structure—Intent.

90.03.397 - Department may approve change of the point of diversion prescribed in a permit to appropriate surface water—Requirements.

90.03.400 - Crimes against water code—Unauthorized use of water.

90.03.410 - Crimes against water code—Interference with works—Wrongful use of water—Property destruction—Penalty.

90.03.420 - Crimes against water code—Obstruction of right-of-way.

90.03.430 - Partnership ditches—Action for reimbursement for work done.

90.03.440 - Partnership ditches—Procedure for division of water between joint owners.

90.03.450 - Partnership ditches—Lien for labor performed.

90.03.460 - Inchoate rights not affected.

90.03.470 - Schedule of fees.

90.03.471 - Disposition of fees.

90.03.500 - Stormwater control facilities—Imposition of rates and charges—Legislative findings.

90.03.510 - Stormwater control facilities—Imposition of rates and charges—Credit for other improvements.

90.03.520 - Stormwater control facilities—Imposition of rates and charges—Definitions.

90.03.525 - Stormwater control facilities—Imposition of rates and charges with respect to state highway rights-of-way—Annual plan for expenditure of charges.

90.03.540 - Highway construction improvement projects—Joint stormwater treatment facilities.

90.03.550 - Municipal water supply purposes—Beneficial uses.

90.03.560 - Municipal water supply purposes—Identification.

90.03.570 - Change or transfer of an unperfected surface water right for municipal water supply purposes.

90.03.580 - Failing public water system—Conditions.

90.03.590 - Municipal water suppliers—Watershed agreement—Pilot project.

90.03.591 - New watershed agreements prohibited after July 1, 2008.

90.03.600 - Civil penalties.

90.03.605 - Compliance—Sequence of enforcement measures—Location of compliance personnel.

90.03.615 - Calculating annual consumptive quantity.

90.03.620 - Water rights adjudication—Disqualification of judge.

90.03.625 - Water rights adjudication—Motion for default.

90.03.630 - Water rights adjudication—Use for which a statement of claim is required.

90.03.635 - Water rights adjudication—Filing of evidence.

90.03.640 - Water rights adjudication—Preliminary investigation—Department's report of findings.

90.03.645 - Water rights adjudication—Early settlement encouraged—Approval of settlement.

90.03.650 - Water rights processing account.

90.03.655 - Expedited processing of applications—On department's own volition—Notice—Fees.

90.03.660 - Expedited processing of applications—Notice to tribal governments.

90.03.665 - Certified water right examiners—Fees—Rules.

90.03.670 - Processing of water right applications—Scope of chapter 285, Laws of 2010.

90.03.675 - Stormwater retention ponds—Mosquito abatement.