RCW 90.03.330
Appropriation procedure—Water right certificate.
(1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by the director, and such certificate shall thereupon be recorded with the department. Any original water right certificate issued, as provided by this chapter, shall be recorded with the department and thereafter, at the expense of the party receiving the same, be transmitted by the department to the county auditor of the county or counties where the distributing system or any part thereof is located, and be recorded in the office of such county auditor, and thereafter be transmitted to the owner thereof.
(2) Except as provided for the issuance of certificates under RCW 90.03.240 and for the issuance of certificates following the approval of a change, transfer, or amendment under RCW 90.03.380 or 90.44.100, the department shall not revoke or diminish a certificate for a surface or ground water right for municipal water supply purposes as defined in RCW 90.03.015 unless the certificate was issued with ministerial errors or was obtained through misrepresentation. The department may adjust such a certificate under this subsection if ministerial errors are discovered, but only to the extent necessary to correct the ministerial errors. The department may diminish the right represented by such a certificate if the certificate was obtained through a misrepresentation on the part of the applicant or permit holder, but only to the extent of the misrepresentation. The authority provided by this subsection does not include revoking, diminishing, or adjusting a certificate based on any change in policy regarding the issuance of such certificates that has occurred since the certificate was issued. This subsection may not be construed as providing any authority to the department to revoke, diminish, or adjust any other water right.
(3) This subsection applies to the water right represented by a water right certificate issued prior to September 9, 2003, for municipal water supply purposes as defined in RCW 90.03.015 where the certificate was issued based on an administrative policy for issuing such certificates once works for diverting or withdrawing and distributing water for municipal supply purposes were constructed rather than after the water had been placed to actual beneficial use. Such a water right is a right in good standing.
(4) After September 9, 2003, the department must issue a new certificate under subsection (1) of this section for a water right represented by a water right permit only for the perfected portion of a water right as demonstrated through actual beneficial use of water.
[ 2003 1st sp.s. c 5 § 6; 1987 c 109 § 89; 1929 c 122 § 5; 1917 c 117 § 34; RRS § 7386. Formerly RCW 90.20.100.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
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.