Understanding Washington Water Law

Our challenge is to share our water supply and to use it efficiently and carefully so there is enough for everyone and everything that depends on it. How we collectively resolve competing needs is critical. Whether we know it or not, we are all – each and every one of us – water managers.

Issue Up Close: Managing our Water Successfully - Historically, Washington residents have enjoyed an abundance of clean, inexpensive water, in a water-rich state. But water availability can no longer be taken for granted. Washington increasingly lacks water where and when it is needed for communities and the environment.

The following links to publications are provided to assist you with answers to questions you may have related to the current process for adopting an instream flow and water management rule in the Quilcene-Snow watershed.

Washington Water Law

An Introduction to Washington Water Law - Water Law Treatise by the Office of Attorney General, January 2000
Washington State Water Law: A Primer - This primer describes how contemporary state water law evolved, and summarizes the major water laws of Washington State and significant case law.

Water Rights

Frequently Asked Questions about Water Rights in Washington - The Department of Ecology manages the state's water resources, working to meet all the varied demands on Washington's public waters. Water rights play a crucial role in managing and allocating this finite resource. Under state law, the waters of Washington collectively belong to the public and cannot be owned by any one individual or group. Instead, Ecology may grant individuals or groups the right to use them.

Ground Water Permit Exemption

Focus on the Ground Water Permit Exemption - In Washington State, prospective water users must obtain authorization from the Department of Ecology (Ecology) before diverting surface water or withdrawing ground water, with the one exception discussed below. Authorization to use surface or ground water is granted by Ecology in the form of a water right permit or certificate.

Instream Flow

Primary Statutes and Legal Basis Relating to Instream Flows - In 1917, the State Water Code was passed (RCW 90.03) which established appropriation as the means for establishing rights to surface water. The State Ground Water Code was passed in 1945 which extended the appropriation system to ground water.
Protecting our Stream Flows - Historically, Washington residents have enjoyed an abundance of clean, accessible water in a water-rich state. However, residents find they can no longer take water availability for granted. Washington increasingly lacks water when and where it is needed for communities and the environment.
Setting Instream Flows in Washington State - With few exceptions, water appropriation reduces streamflow, whether water is taken by a direct diversion from a stream or from a well pumping some distance from a stream. At the most critical times of year, the amount of water necessary to preserve fish habitat and satisfy existing water rights sometimes equals or exceeds the amount of water naturally flowing in the stream, leaving little or nothing for additional water right appropriation.
Instream Flow Study Methods Used in Washington - The three methods instream flow study methods described below are the primary flow measurement methods used in Washington state. IFIM and toe-width are the methods used most often. Because it is infrequently used in Washington, the Tennant method is omitted from the table.