Municipal Water Rights (Public Water Suppliers)
Cities, counties, and special purpose districts may be directly interested in water rights as suppliers of water services in their communities. The extent to which "municipal water rights" may be subject to different or unique rules under water law, such as the "growing communities doctrine," and in state legislation is uncertain. Planning for future water needs, including establishing the necessary water rights, is important to effective growth management planning and economic development.
In 2003, the Legislature enacted a municipal water rights bill (2E2SHB 1338, Chapter 5, Laws of 2003), which provides additional certainty for municipal water rights. The new provisions (1) clarify where municipal water utilities can use existing water rights; (2) define which systems and suppliers are municipal utilities; (3) establish new water conservation standards for municipal utilities and those who use their water, and impose a fee to fund conservation activities; (4) require consistency with land use plans and set forth a duty to provide retail water service; (5) establish criteria for changing or transferring municipal water rights; and (6) allow use of water for environmental goals and pilot watershed agreements. (See Final Bill Report for further information.)
General Resources
- Municipal Water Law, Washington State Department of Ecology
- Instream Flows in Washington, Washington State Department of Ecology
Articles
Municipal water rights issues and water rights from the perspective of a municipal supplier are discussed in these articles. Paper copies (*) may be requested from the MRSC Library by Washington city, town and county employees and officials.
- “Ecology’s Perspective: Municipal Water Law Implementation and Litigation: Policy Documents, Rules and Other Implementation Efforts,” PowerPoint presentation, Doug Rushton, 2007
- "Municipal Water Law Implementation," PowerPoint presentation, by Joe Walsh, 2005
- "What is the Good News and Bad News about your City's Water Rights: 25 Questions to Start the Search," prepared by Robert E. Mack, Smith Alling Lane, for Association of Washington Cities Annual Conference, June 2001, Panel on Small City Water Woes: Looking Ahead.
- "Water Rights Law for Municipal Lawyers: The Basics, Ruthlessly Simplified," by Sharon Metcalf, Assistant City Attorney, Seattle, Legal Notes: Proceedings of the Washington State Association of Municipal Attorneys' Annual Fall Conference, October 8-10, 1997. MRSC Information Bulletin No. 499, October 1997
- "Important Issues Affecting Municipal Water Rights," by Thomas D. Mortimer Jr., Legal Notes: Proceedings of the Washington State Association of Municipal Attorneys' Annual Fall Conference, October 8-10, 1997. MRSC Information Bulletin No. 499, October 1997*
- "Future Water Wars - Transfers and Priorities - Reconciling Instream Flows and Municipal Needs: Recent Developments in Washington Water Rights Law," by Charles A. Kimbrough, 1998 Environmental and Land Use Law Midyear: Keeping Your Environmental/Land Use Law Practice Current, April 1998*.