Washington State Department of Ecology

Drought Laws and Rules

Chapter 43.83B RCW - Water Supply Facilities

Law which gives the Department of Ecology authority to respond to a drought emergency

RCW 43.83B.400 defines a "drought condition" as one in which "the water supply for a geographical area or for a significant portion of a geographical area is below seventy-five percent of normal and the water shortage is likely to create undue hardships for various water uses and users."
RCW 43.83B.405 gives Ecology the authority, after obtaining the views of certain state and federal agencies and receiving written approval from the governor, to issue orders to address a drought.
RCW 43.83B.410 (1) gives Ecology specific authority, if certain conditions are met, to issue orders to "authorize emergency withdrawal of public surface and ground waters, including dead storage within reservoirs, on a temporary basis and to authorize associated physical works which may be either temporary or permanent."
RCW 43.83B.410 (2) gives Ecology authority to approve a "temporary change in purpose, place of use, or point of diversion, consistent with state policy allowing transfer or lease of waters between willing parties…"
RCW 43.83B.430 created a drought preparedness account in the state treasury. The funds in the account can only be used for activities directly related to drought preparedness.

Rules adopted by the Department of Ecology to implement Chapter 43.83B RCW