Water Resources
> Water Rights
Water Rights
2009-2011 General Fund budget cuts reduce processing of water
right applications statewide
The economic recession and the downturn in general fund revenues
has meant significant reductions in Ecology’s work to protect the
environment and public health and promote sustainable economic
development.
Do I Need a Water Right?
The waters of Washington State collectively belong to the public and
cannot be owned by any one individual or group. Instead, individuals or
groups may be granted rights to use them. A water right is a legal
authorization to use a predefined quantity of public water for a designated
purpose. This purpose must qualify as a beneficial use. Beneficial use
involves the application of a reasonable quantity of water to a non-wasteful
use, such as irrigation, domestic water supply, or power generation, to name
a few. An average household uses about 300 gallons of water per day.
State law requires certain users of public waters to receive approval
from the state prior to using water - in the form of a water right permit or
certificate. Any use of surface water (lakes, ponds, rivers,
streams, or springs) which began after the state water code was enacted in
1917 requires a water-right permit or certificate.
Likewise, withdrawals of underground (ground) water from 1945
onward, when the state groundwater code was enacted, require a water
right permit or certificate – unless the use is specifically exempt
from state permitting requirements. While “exempt” groundwater
uses are excused from needing a state permit, they still are
considered to be water rights.
For more information read: An
Introduction to Washington Water Law
Water Market
Ecology utilizes three programs to facilitate a water market.
They are the Trust Water Rights Program, the Water Acquisition
Program, and Water Banking.
Public Notice
Public notice is provided via the web for Trust Water Right
Donations and for Trust Water Right Short-term Leases.
The Ground Water Permit
Exemption RCW 90.44.050
The groundwater permit exemption allows the users of small
quantities of ground water to construct wells and develop their
water supplies without first obtaining a water right permit from
Ecology.
Is My Water Right Valid?
A period of five or more consecutive years of non-use of a water right may
result in loss of all or a portion of that water right. Read more in the following
documents:
Tracking Water Right Applications
Ecology tracks water right applications and permits in its Water Right
Application Tracking System or WRATS. A snapshot of this data is
provided in the link below. For the most current information, please
contact the appropriate regional office.
- WRTS data (The water right
application reports are updated
on a monthly basis. The reports have the date of the last update in
the upper left corner)
Internet Posting of Draft and Final Report of Examination
(ROEs)
Water Right Changes
With much of our water already allocated in Washington State, new water
rights are increasingly difficult to obtain. As a result, more and more
people are choosing to make changes to existing water rights. Ecology may
consider changes to the following elements of an existing water right
permit, certificate, or claim:
- Place of use
- Point of diversion or withdrawal
- Additional point(s) of diversion or withdrawal
- Purpose of use
Flowcharts for Changing a Water Right Permit, Claim, or Certificate
- July 2008
Administrative Policy for Recording
the Agreed Division of Water Rights Among Multiple Property Owners
POL-1070
For more information, read our publication,
Changing an
Existing Water Right or Water Right Claim.
Water Claims
In the 1960's, the Washington State legislature realized the need to
document water rights established prior to 1917 for surface water and
prior to 1945
for ground water. These water rights are vested rights. A vested right
is a water right established through beneficial use of water. A water
right claim is a statement of beneficial use of water that began prior to
1917 for surface water and prior to 1945 for ground water. In 1967, the Claims
Registration Act was passed to record the amount and location of these
vested water rights.
The Claims Registration Act set a specific time window for water users
to file their water right claims with the state. Users of exempt
ground-water withdrawals were also encouraged to file claims so that they
could establish priority dates for their rights. Some users were not
required to file a claim, including:
- Individuals served water through a company, district, public or
municipal corporation (the water supplier should have filed claims for
its users);
- Persons with a valid Water Right Permit or recorded Certificate;
- Individuals with a water right determined by Court Decree and
recorded through issuance of a Certificate of Water Right by Ecology or
one of its predecessor agencies;
- Non-consumptive water uses, like boating, swimming, or other
recreational and aesthetic uses, with no physical diversion or
artificial impoundment of water; or
- Owners of livestock that drank directly from a surface-water source.
The initial statewide opening of the Claims Registry ended June 30,
1974. The legislature has subsequently re-opened the Claims Registry three
times. The most recent opening occurred from September 1997 to June 1998. Statewide, there are roughly 169,000 water-right claims on record.
Claims will remain valid until such time that an
adjudication occurs, whereby the validity of the claims must be proven
before a court of law. Adjudication can be initiated by several means, but
normally will not occur unless there are significant problems with water
availability in an area. During adjudication, claimants are required to
prove that water has been in constant beneficial use prior to 1917 for
surface water and prior to 1945 for ground water. Five or more consecutive years
of non-use may invalidate a claim.
For more information, please refer to
Water Right Claims
Surface Water, Ground Water and Instream Flows
Municipal Water Law
Municipal Water Law - Municipal
water is an important element of water management in Washington
state. This web page is restricted to issues relevant to the
Department of Ecology from the 2003 Municipal Water Law
(Municipal Water Supply – Efficiency Requirements Act Chapter 5,
Laws of 2003).
Cost Reimbursement: Water Resources Expediting decisions on
water right applications
The Cost Reimbursement option A substantial backlog exists
for water right applications in Washington State. The Department
of Ecology (Ecology) has limited staff to review these
applications and, as competition for water increases in the face
of additional growth, the complexity of the decision-making has
increased.
Thousands of applications have been pending for many years –
some for more than a decade. In 2000, the state Legislature
created a new alternative (RCW 43.21A.690 and RCW 90.03.265) for
any applicant to expedite the decision-making on his or her
application. This is the Cost Reimbursement option.
Updating The Washington Irrigation Guide
Ecology, WSU and NRCS have developed a Scope of Work to update the
Washington Irrigation Guide. However, because of the widespread use of
this document by Washington State stakeholders, Ecology asked for comments
on the proposed scope before funding the work. Ecology received
comments from the public on the scope of work between January 22 to February
22, 2008. Those comments may be incorporated into the scope of work.
More information
Adjudication
Forms
Contacts
| For region-specific information, Water Rights
Inquires and Water Right Tracking System (WRTS) Reports |
Northwest Region - Bellevue
Counties: Island, King, Kitsap, San Juan, Skagit, Snohomish and Whatcom
Arlene Harris
Office: 425-649-7020
arha461@ecy.wa.gov |
|
Southwest Region - Lacey
Counties:
Clallam, Clark, Cowlitz, Grays Harbor,
Jefferson, Mason, Lewis, Pacific, Pierce, Skamania, Thurston and Wahkiakum
Mary Lynum
360-407-6859
mlyn461@ecy.wa.gov |
Central Region - Yakima
Counties:
Benton, Chelan,
Douglas, Kittitas, Klickitat, Okanogan and Yakima
Teresa Mitchell
509-575-2597
tmit461@ecy.wa.gov
|
|
Eastern Region - Spokane
Counties:
Adams,
Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend
Oreille, Spokane, Stevens, Walla Walla and Whitman
ERO
Reception
509-329-3400
|
