RCW 90.03.620
Water rights adjudication—Disqualification of judge.
(1) A judge in a water right adjudication filed under this chapter may be partially or fully disqualified from hearing the adjudication. Partial disqualification means disqualification from hearing specified claims. Full disqualification means disqualification from hearing any aspect of the adjudication.
(a) A judge is partially disqualified when the judge's impartiality might reasonably be questioned and the apparent or actual partiality is limited to specified claims.
(b) A judge is fully disqualified when the judge's impartiality might reasonably be questioned and the apparent or actual partiality extends beyond limited claims such that the judge should not hear any part of the adjudication.
(2) A judge may recuse himself or herself under this section or a party may file a motion for disqualification. A motion for disqualification must state whether the remedy being sought is full or partial disqualification.
(3)(a) For parties who are named in the original pleadings, a motion for disqualification is timely if it is filed before the judge issues a discretionary order or ruling in the adjudication.
(b) For a party who is joined in the adjudication after the original pleadings have been filed, a motion for disqualification is timely if it is filed within the earliest of either (i) thirty days of being joined in the adjudication; or (ii) after the joinder of the party, before the judge issues a discretionary order or ruling relating to the joined party.
(c) When a motion for disqualification is untimely filed under this subsection (3), the motion will be granted only when necessary to correct a substantial injustice.
(d) For purposes of this section, "discretionary order or ruling" has the same meaning as "order or ruling involving discretion" in RCW 4.12.050.
(4) A party filing a motion for disqualification under this section has the burden of proving by a preponderance of the evidence that the judge should be disqualified under the standards of subsection (1) of this section.
(5) The motion for disqualification may not be heard by the judge against whom the motion is filed. Subject to this limitation, the court may assign the disqualification motion to any superior court judge of the judicial district in which the adjudication was filed or to a visiting superior court judge under RCW 2.56.040.
(6) The standards set forth in RCW 2.28.030, which govern the disqualification of judicial officers generally, may be grounds for disqualification under this section.
[ 2009 c 332 § 3.]
NOTES:
Application—2009 c 332: See note following RCW 90.03.110.
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.