RCW 90.03.570
Change or transfer of an unperfected surface water right for municipal water supply purposes.
(1) An unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW 90.03.380 for any purpose if:
(a) The supplier is in compliance with the terms of an approved water system plan or small water system management program under chapter 43.20 or 70A.100 RCW that applies to the supplier, including those regarding water conservation;
(b) Instream flows have been established by rule for the water resource inventory area, as established in chapter 173-500 WAC as it exists on September 9, 2003, that is the source of the water for the transfer or change;
(c) A watershed plan has been approved for the water resource inventory area referred to in (b) of this subsection under chapter 90.82 RCW and a detailed implementation plan has been completed that satisfies the requirements of RCW 90.82.043 or a watershed plan has been adopted after September 9, 2003, for that water resource inventory area under RCW 90.54.040(1) and a detailed implementation plan has been completed that satisfies the requirements of RCW 90.82.043; and
(d) Streamflows that satisfy the instream flows referred to in (b) of this subsection are met or the milestones for satisfying those instream flows required under (c) of this subsection are being met.
(2) If the criteria listed in subsection (1)(a) through (d) of this section are not satisfied, an unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may nonetheless be changed or transferred in the same manner as provided by RCW 90.03.380 if the change or transfer is:
(a) To provide water for an instream flow requirement that has been established by the department by rule;
(b) Subject to streamflow protection or restoration requirements contained in: A federally approved habitat conservation plan under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a watershed agreement established under RCW 90.03.590;
(c) For a water right that is subject to instream flow requirements or agreements with the department and the change or transfer is also subject to those instream flow requirements or agreements; or
(d) For resolving or alleviating a public health or safety emergency caused by a failing public water supply system currently providing potable water to existing users, as such a system is described in RCW 90.03.580, and if the change, transfer, or amendment is for correcting the actual or anticipated cause or causes of the public water system failure. Inadequate water rights for a public water system to serve existing hookups or to accommodate future population growth or other future uses do not constitute a public health or safety emergency.
(3) If the recipient of water under a change or transfer authorized by subsection (1) of this section is a water supply system, the receiving system must also be in compliance with the terms of an approved water system plan or small water system management program under chapter 43.20 or 70A.100 RCW that applies to the system, including those regarding water conservation.
(4) The department must provide notice to affected tribes of any transfer or change proposed under this section.
[ 2020 c 20 § 1493; 2003 1st sp.s. c 5 § 14.]
NOTES:
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
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.