RCW 90.03.255
Applications for water right, transfer, or change—Consideration of water impoundment or other resource management technique.
The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including but not limited to any recharge of groundwater that may occur, as a means of making water available or otherwise offsetting the impact of the diversion of surface water proposed in the application for the water right, transfer, or change. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department as a condition for approving an application that does not include such provision.
This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise.
[ 1997 c 360 § 2; 1996 c 306 § 1.]
NOTES:
Findings—Purpose—1997 c 360: "The legislature finds that in many basins in the state there is water available on a seasonal basis that is in excess of the needs of either existing water right holders or instream resources. The legislature finds that excess waters often result in significant flooding and damage to public and private resources. Further, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. Further, in some areas of the state additional supplies of water are needed to meet the needs of a growing economy and population. The legislature finds there is a range of alternatives that offset the impacts that should be encouraged including the creation, restoration, enhancement, or enlargement of ponds, wetlands, and reservoirs and the artificial recharge of aquifers.
The purpose of this act is to foster the improvement in the water supplies available to meet the needs of the state. It is the goal of this act to strengthen the state's economy while maintaining and improving the overall quality of the state's environment." [ 1997 c 360 § 1.]
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.