Questions & Answers
Water Rights in Washington
Washington State Department of Ecology
Publication # 96-1804-S&WR
September 1996
Introduction
What is a water right?
Who needs a water right?
Why are water rights required?
What criteria does Ecology use when making water right decisions?
How do I apply for a water right?
How long will it take for me to receive my water right?
Once I get my water right certificate, what are my rights to use the water?
Does my water right protect me during drought?
How do I get more information?
Other Facts You Should Know
Definition of Key Terms
Feedback
Other Water Resources Program Information
Ecology is charged, by law, with managing the state's water resources to meet the varied needs of Washington's public waters. By protecting our natural resources, we preserve our quality of life and ensure a healthy environment, while maintaining a strong economy.
In 1985 Washington State's rivers served as a source of community water supply and supported production of an estimated 76,900 million kilowatt hours of electricity with wholesale value exceeding one billion dollars. Sport anglers spend more than half a billion dollars each year enjoying the fish that thrive in our waters. The state's commercial fisheries are valued at more than $139 million. More than 1.6 million acres of croplands in Washington are irrigated and provide in excess of one and one-half billion dollars of crop value. Of equal importance is the need to provide water for drinking and household use, while meeting the needs of navigation, industrial development, recreation, and aesthetic enjoyment. With such great demands being placed on Washington's water supply, water rights play a crucial role in managing and allocating this finite resource.
Q. What is a water right? (Return to Table of Contents)
A. A water right is a legal authorization to use a certain amount of public water for specific beneficial purposes. Washington State law requires certain users of public water to receive approval from the state prior to actual use of the water. Approval is granted in the form of a water right permit or certificate. In addition to state-authorized water rights, Washington recognizes valid water right claims and federal reserved water rights.
There is one exemption from the requirement of obtaining a water right. You
do not need to apply for a water right if you use a total of 5,000 gallons or
less of ground water from a well each day for any of the following combinations:
- Stockwatering purposes,
- Single or group domestic purposes,
- Industrial purposes, or
- Watering a lawn or noncommercial garden that is a half acre or less in size.
Although you are exempt from the water right permit process in these cases, all other water laws and regulations apply.
Q. Who needs a water right? (Return to Table of Contents)
A. A water right is necessary if you plan to divert any amount of water
for any use from:
- Surface waters (water located above ground)
- Lakes
- Rivers
- Streams
- Springs
- Ground Waters
- If you plan to withdraw more than 5,000 gallons per day; or
- If you plan to irrigate more than a half acre of lawn or noncommercial garden.
Q. Why are water rights required? (Return to Table of Contents)
A. Water rights ensure proper allocation and management of Washington's water resources. Our state's waters are a public resource and their use should return the maximum benefit to the public.
Q. What criteria does Ecology use when making water right decisions? (Return to Table of Contents)
A. Water right permits are issued by Ecology only if the proposed use
meets the following requirements:
- Water will be put to beneficial use;
- No impairment to existing, or senior rights;
- Water is available for appropriation; and
- Issuance of the requested water right will not be detrimental to the public's interest.
In making water right decisions, consideration is given to existing basin management plans, stream closures, instream flows, hydraulic continuity (surface water interconnected to ground water), seawater intrusion, and availability of alternative water supplies.
Q. How do I apply for a water right? (Return to Table of Contents)
A. Water rights are issued by Ecology's regional offices in Lacey, Bellevue,
Yakima, and Spokane. Contact the regional office nearest you for a Water Right
Application and the accompanying instructions. The following will help you understand
the steps in the process:
- Fill out your application, using the accompanying instructions. The minimum
fee required to file an application is $10. Additional fee may be required
depending on the amount of water requested.
- Return the completed application to Ecology's regional office, Shorelands
and Water Resources Program. Don't forget to include your application fee.
- Once an application is received by Ecology it will be assessed for completeness.
Ecology will send you a legal notice for you to publish in a newspaper with
general circulation in the county (or counties) where the water is to be withdrawn,
stored and used. The notice is published once a week for two consecutive weeks.
It includes:
- The basic facts of your request; and
- Offers the public 30 days to protest if they feel your proposed water
use would impair other uses of the resource. This 30-day protest period
begins on the last day that your legal notice is published.
- After final publication of the notice, send Ecology the original, notarized
Affidavit of Publication which is obtained from the publishing newspaper.
Ecology cannot take action on your water right request until the Affidavit
has been submitted.
- Ecology will conduct an investigation of the application which may include
a field examination of your proposal to validate the information on the application
and will apply the four criteria mentioned above. The results of the investigation
are summarized in a Report of Examination. The report contains Ecology's decision
on your water right request, which will recommend either a denial or an approval.
If approved, your permit may contain specific conditions.
- Ecology sends you, and all those who have filed a protest, a copy of the
report. You (and others) have 30 days to accept or appeal the Examiner's recommendation
to Washington's Environmental Hearings Office, Pollution Control Hearings
Board.
- Provided there are no appeals to your proposed water use and your permit
fee (based on types of use) has been paid, you are issued your Permit to Appropriate
Public Waters. The permit allows you to begin construction of your water system
and to put the water to use. It will contain a reasonable construction schedule,
and a date by which you should put the water to use.
- When your construction has been completed and the water has been put to
use, you must submit a Proof of Appropriation affidavit form. The Proof of
Appropriation form includes:
- Exactly what facilities or equipment you are operating;
- How much water you are using;
- For what purpose;
- Where the water is being used; and
- A statement that all conditions of the permit have been met.
- Ecology may choose to inspect your completed project based on the information
you have provided in Step 8. After the inspection has been completed, or if
Ecology determines an inspection is not necessary, certificate recording fees
for the state and county will be requested by Ecology.
- Ecology will issue a Certificate of Water Right, based on the information you have submitted and the field inspection. The certificate can not exceed what has actually been put to use up to the conditions of the permit. Any development authorized requires that a new application be submitted. This certificate is recorded at the County Auditor's Office in the county where the project is located and at Ecology. The County Auditor will forward your certificate to you. It becomes the legal record of your water right.
Q. How long will it take for me to receive my water right? (Return to Table of Contents)
A. Depending upon the complexities of water availability and use within your watershed, obtaining a water right permit may take anywhere from months to years.
Q. Once I get my water right certificate, what are my rights to use the water? (Return to Table of Contents)
A. Your rights are outlined in your water right certificate. A water right is subject to relinquishment if it is unused, without sufficient cause, for five consecutive years. One exception is water claimed for municipal water supply purposes. It is important to note and follow any conditions of your permit or certificate.
Q. Does my water right protect me during drought? (Return to Table of Contents)
A. Not directly. A water right does not guarantee the availability of water during drought. The degree of reliability depends on your seniority as a water right holder. Instream flows, set by regulation, are also water rights.
Q. How do I get more information? (Return to Table of Contents)
A. For more information about water rights and the application process,
please contact the Department of Ecology regional office nearest you.
- Northwest Regional Office, 390 160th Avenue SE, Bellevue, WA 98008-5452, Telephone: (206) 649-7000, TDD: (206) 649-4259
- Southwest Regional Office, PO Box 47775, Olympia, WA 98504-7775, Telephone: (360) 407-6300, TDD: (360) 407-6306
- Central Regional Office, 15 West Yakima Avenue, Suite 200, Yakima, WA 98902-3401, Telephone: (509) 575-2597, TDD: (509) 454-7673
- Eastern Regional Office, North 4601 Monroe, Suite 100, Spokane, WA
99205-1295, Telephone: (509) 456-2926, TDD: (509) 458-2055
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 permit 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 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 permit 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.
Feedback
Comments and suggestions on the content of these pages should be submitted to:
Paula Smith
WA State Dept. of Ecology
PO Box 47600
Phone: (360) 407-6607
FAX: (360) 407-6574
E-mail:psmi461@ecy.wa.gov