RCW 90.03.120
Determination of water rights—Order—Summons—Necessary parties—Use of innovative practices and technologies encouraged.
(1) Upon the filing of the statement and map as provided in RCW 90.03.110 the judge of such superior court shall make an order directing summons to be issued, and fixing the return day thereof, which shall be not less than one hundred nor more than one hundred thirty days, after the making of such order: PROVIDED, That for good cause, the court, at the request of the department, may modify said time period.
(2) A summons issued under this section shall be issued out of said superior court, signed and attested by the clerk thereof, in the name of the state of Washington, as plaintiff, against all known persons identified by the department under RCW 90.03.110. The summons shall contain a brief statement of the objects and purpose of the proceedings and shall require the defendants to appear on the return day thereof, and make and file an adjudication claim to, or interest in, the water involved and a statement that unless they appear at the time and place fixed and assert such right, judgment will be entered determining their rights according to the evidence: PROVIDED, HOWEVER, That any persons claiming the right to water by virtue of a contract with a claimant to the right to divert the same, shall not be necessary parties to the proceeding.
(3) To the extent consistent with court rules and subject to the availability of funds provided either by direct appropriation or funded through the administrative office of the courts for this specific adjudicative proceeding, the court is encouraged to conduct the water rights adjudication employing innovative practices and technologies appropriate to large scale and complex cases, such as: (a) Electronic filing of documents, including notice and claims; (b) appearance via teleconferencing; (c) prefiling of testimony; and (d) other practices and technologies consistent with court rules and emerging technologies.
[ 2009 c 332 § 2; 1987 c 109 § 73; 1977 ex.s. c 357 § 1; 1917 c 117 § 15; RRS § 7365. Formerly RCW 90.12.020.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
90.03.005 - State water policy—Cooperation with other agencies—Reduction of wasteful practices.
90.03.010 - Appropriation of water rights—Existing rights preserved.
90.03.020 - Units of water measurement.
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.
90.03.130 - 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.
90.03.180 - Determination of water rights—Filing fee.
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.
90.03.245 - Determination of water rights—Scope.
90.03.250 - Appropriation procedure—Application for permit—Temporary permit.
90.03.260 - Appropriation procedure—Application—Contents.
90.03.270 - Appropriation procedure—Record of application.
90.03.280 - Appropriation procedure—Notice.
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.
90.03.360 - Controlling works and measuring devices—Metering of diversions—Impact on fish stock.
90.03.383 - Interties—Findings—Definitions—Review and approval.
90.03.390 - Temporary changes—Emergency interties—Rotation in use.
90.03.395 - Change of point of diversion to downstream intake structure—Intent.
90.03.400 - Crimes against water code—Unauthorized use of water.
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.
90.03.471 - Disposition of fees.
90.03.500 - Stormwater control facilities—Imposition of rates and charges—Legislative findings.
90.03.520 - Stormwater control facilities—Imposition of rates and charges—Definitions.
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.
90.03.580 - 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.
90.03.605 - 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.