Washington Water Law

A Chronological View

Prior to 1891	The right to use water was established by the custom of the time - by putting the water to use. The need for water laws originated in the West from gold mining activities.
1891	Water users were required to post a "notice" on a am near the diversion and record the notice at the county courthouse. There were very few water management problems at this time.
1917	The Water Code was passed which established a permit system for using surface water. It also established procedures for adjudicating all water rights prior to the act. The Washington State Legislature said "all waters within the state belong to the public, subject to existing rights." The Legislature mandated that the state administer the water resources.
1946	The Ground Water Code was an extension of Om 1917 code. By this time, many people in the state were using ground water. It created a permit system for all uses of ground water, except withdrawals of less than 5,000 gallons per day.
1967	The Water Rights Claims Registration Act gave the state further information on the amount of water now in use. This act, which ended June 30, 1974, covered water use not previously required to be documented---primarily small domestic users.
1971	The Water Resources Act of 1971 was passed to protect and manage our water resources for "the greatest benefit of the people." The act became necessary because of the increasing conflict in water use and applications for larger amounts of water. The earlier water laws were not equipped to handle these new problems. This act mandates water resources data collection and management and development of plans.
1989	The Water Use Efficiency Act passed. The Act established water conservation as a priority consideration as a source of water. It encourages efficiency improvements and requires water efficient plumbing fixtures.
1990 & 1991	The Growth Management Acts passed. Requires that building permit applicants show availability of water.

Other Facts You Should Know

The state water codes are based on a "first in time, first in right" premise. This means that any new water right is subject to existing rights. Therefore, your application may be denied, or your water use may be regulated or modified if it adversely affects existing rights. This will also protect your water right against impairment by future applicants.
If you propose to use ground water and it is interconnected to surface water, your ground water use may be subject to the same conditions as a proposed or existing surface water use.
Water rights carry no right-of-way privileges. If the water source you wish to use is not on your property, you must make right-of-way arrangements with the appropriate property owner(s).
Water right certificates remain attached to the land described on the water right, unless specifically withheld from the deed at the time of sale. When you are buying property, make sure the water right is included with the property. You might want to make sure that the water rights mentioned are valid and recognized by Ecology. In contrast to water right certificates, water right applications and permits are not attached to the land and must be assigned to the new water user. Check with Ecology if you have questions about water rights for property you have acquired or are thinking about purchasing.
Changes to an existing water right can be requested under a separate water right change application.
If you are required to have a water right, no construction or water use should begin before a water right permit is obtained.

Definition of Key Terms

Water Right Claim

A water right claim is a statement of claim to a water use that began before the State Water Codes were adopted and is not covered by a pen-nit or certificate. A claim may represent a valid water right if it describes a surface water use that began before 1917 or a ground water use that began before 1945, a water right claim that was filed with the state during an open filing period designated under RCW 90.14 (the Water Rights Claim Registration Act), or is covered by the ground water exemption.'

Water Right Permit

A water right permit is permission given to water right applicants by the state to develop a water right. Water rights are developed when water right applicants follow the provisions outlined in I their permit, using water for the purposes and up to the limits stated in the permit. Water right permits remain in effect until the water right certificate is issued, if all terms of the permit are met, or the pen-nit has been canceled.

Water Right Certificate

A water right certificate is issued by the Department of Ecology to certify that water users have the authority to use a specific amount of water under certain conditions. These conditions are based on beneficial use of water under your water right permit. The water right certificate is a legal document recorded at your county auditor's office. The certificate completes the process of obtaining your water right. Once a certificate is issued, no expansion is allowed under the water right.

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