Revised Code of Washington
Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc.
90.14.190 - Water resources decisions—Appeals—Attorneys' fees.

RCW 90.14.190
Water resources decisions—Appeals—Attorneys' fees.

Any person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW 43.21B.310. In any such review, the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of any waiver or relinquishment of a water right or portion thereof. If the hearings board affirms the decision of the department, a party seeks review in superior court of that hearings board decision pursuant to chapter 34.05 RCW, and the court determines that the party was injured by an arbitrary, capricious, or erroneous order of the department, the court may award reasonable attorneys' fees.

[ 1987 c 109 § 14; 1967 c 233 § 19.]
NOTES:

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.


Application to Yakima river basin trust water rights: RCW 90.38.040.

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Structure Revised Code of Washington

Revised Code of Washington

Title 90 - Water Rights—Environment

Chapter 90.14 - Water Rights—Registration—Waiver and Relinquishment, Etc.

90.14.010 - Purpose.

90.14.020 - Legislative declaration.

90.14.031 - Definitions.

90.14.041 - Claim of right to withdraw, divert or use ground or surface waters—Filing statement of claim required—Exemptions.

90.14.043 - Claim of right to withdraw, divert or use ground or surface waters—Claim upon certification by board—Procedure—Cut-off date for accepting petitions.

90.14.044 - Existing water rights not impaired.

90.14.051 - Statement of claim—Contents—Short form.

90.14.061 - Statement of claim—Filing procedure—Processing of claim—Fee.

90.14.065 - Statement of claim—Amendment—Surface water right claim change or transfer—Review of department of ecology's determination.

90.14.068 - Statement of claim—New filing period.

90.14.071 - Failure to file claim waives and relinquishes right.

90.14.081 - Filing of claim not deemed adjudication of right—Prima facie evidence.

90.14.091 - Definitions—Water rights notice—Form.

90.14.101 - Notice of chapter provisions—How given—Requirements.

90.14.111 - Water rights claims registry.

90.14.121 - Penalty for overstating claim.

90.14.130 - Reversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal.

90.14.140 - "Sufficient cause" for nonuse defined—Rights exempted.

90.14.150 - Rights arising from permit to withdraw public waters not affected—Extensions.

90.14.160 - Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or general adjudication.

90.14.170 - Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired due to ownership of land abutting stream, lake, or watercourse.

90.14.180 - Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation.

90.14.190 - Water resources decisions—Appeals—Attorneys' fees.

90.14.200 - Implementation and enforcement of chapter—Proceedings under RCW 90.14.130 deemed adjudicative—Application of RCW sections to specific proceedings.

90.14.210 - Chapter applies to all rights to withdraw groundwaters.

90.14.215 - Chapter not applicable to trust water rights under chapter 90.38 or 90.42 RCW.

90.14.220 - No rights to be acquired by prescription or adverse use.

90.14.230 - Rules and regulations.

90.14.240 - Water rights tracking system account.

90.14.900 - Effective date—1967 c 233.

90.14.910 - Severability—1967 c 233.