Publication Summary

Washington State has had specific statutory authority to perform water banking since July of 2003. House Bill 1640 was adopted that year authorizing the Washington Department of Ecology (Ecology) to use the trust water rights program in the Yakima River Basin for water banking purposes.

The law amended sections of Chapter 90.42 RCW, which establishes a statewide trust water rights program. The bill required that Ecology talk with various water stakeholders about water banking procedures. Ecology is also to identify areas of the state where water banking could assist in providing water for instream and out-of-stream uses.

Ecology must report on water banking to appropriate legislative committees by December 31 of every even numbered year. The report must evaluate the effectiveness of water banking under the law, describe statutory, regulatory or other impediments to water banking in the state, and make recommendations for future efforts. Ecology filed the first report on December 31, 2004. This is the second report.